Harvey Weinstein’s third New York trial ends in mistrial : NPR

Editor’s note: This story includes descriptions of allegations of sexual assault and rape.

Harvey Weinstein’s latest sex crimes trial ended with a hung jury Friday, on the third day of deliberations.

It was the second time in a year a jury was unable to reach a verdict on the same charge.

Accusations against the former Hollywood mogul came to define the #MeToo movement, and he was first convicted of assaulting Jessica Mann in 2020. The former aspiring actress testified Weinstein raped her at a DoubleTree hotel in Manhattan in 2013. But that verdict, along with another charge, was later overturned.

In a second New York trial last summer, Weinstein was found guilty on one count of a criminal sexual act in the first degree and not guilty on another. But a third charge, of raping Mann, ended in a mistrial after the jury foreperson declined to return to deliberations, citing concerns for his safety.

Weinstein had returned to court for a third New York trial in April, this one focusing on Mann’s allegations. But on Friday morning, Judge Curtis Farber received a note from jurors stating they were unable to reach a unanimous decision. Farber then read jurors a modified deadlock charge, known as an Allen charge, urging them to resume deliberations.

Jurors soon responded with another note restating their position. “We feel that no one is going to change where they stand,” it said.

The prosecution has until late June to decide whether they’ll try the case again.

The mistrial concludes a month-long trial that was quieter than Weinstein’s previous court appearances, with a diminished media presence and less public attention. Earlier this year, Weinstein hired a new legal team, including high-profile criminal defense attorneys such as Marc Agnifilo, known for representing Luigi Mangione and Sean “Diddy” Combs.

Defense attorneys argued that Mann and the then-married Weinstein had a consensual, on-again, off-again relationship over many years. But Mann testified that on that 2013 morning at the DoubleTree hotel, Weinstein “command[ed]” her to undress and penetrated her despite Mann repeatedly saying “no.” Weinstein has denied all allegations of sexual assault.

Now 74, Weinstein has been incarcerated since 2020. In 2022, he was convicted of rape and sexual assault in a separate case in California and sentenced to 16 years in prison. He is appealing that verdict.

Weinstein’s lawyers have said that he is in poor health. He used a wheelchair in court and did not testify on the stand in this trial, nor during any of his previous criminal cases. At one point during jury deliberations, Judge Farber announced Weinstein could not appear in court due to complaints of “chest pains.”

Weinstein has given a limited number of interviews from prison, including with far-right podcaster Candace Owens and the Daily Mail. Most recently, he spoke with The Hollywood Reporter from Rikers Island.

Asked in March whether he had apologized to any of the women who brought charges against him, Weinstein told The Hollywood Reporter, “I apologized to them generally. You can’t call them when you’re in a trial with them. But I’ll say it here today: I apologize to those women. I’m sorry. I shouldn’t have been with them in the first place. I misled them.”

Citing his health issues, including bone marrow cancer, Weinstein said, “I’m dying here. And the DA’s idea is probably to have me dying in prison. But I am dying.”