A judge declared a mistrial on a rape charge in Harvey Weinstein’s retrial after a juror refused to continue deliberations, citing an alleged threat from another juror. The jury, which was mostly female, could not reach a unanimous decision on the third-degree rape charge involving Jessica Mann.
Weinstein had already been convicted on Wednesday of committing a criminal sexual act against Miriam Haley. He was acquitted of sexually assaulting Kaja Sokola.
Judge Curtis Farber told the court he was “extremely disappointed” and said other jurors were hopeful they could have reached a verdict on the remaining charge. “They don’t understand why the foreperson bowed out,” Farber said.
Prosecutors said they plan to retry Weinstein on the rape charge, which carries a maximum sentence of four years. In a statement, Mann said she is ready to continue the fight. “I will never give up on myself and making sure my voice – and the truth – is heard. Today is not the end of my fight,” she said.
The mistrial followed a tense trial that began in April. Three women, including Haley, Mann, and Sokola, testified about alleged assaults by Weinstein. The jury foreperson said they had reached unanimous verdicts on the other charges last Friday. But jurors struggled to agree on the rape count, and tensions rose.
The foreperson privately told the judge that another juror had threatened him, saying, “I’ll meet you outside one day.” Farber said there had been “yelling and screaming” among the jurors and that the foreperson made clear he would not change his position.
Weinstein was previously found guilty of sexually abusing Haley and Mann during his 2020 New York trial. He was serving a 23-year sentence before those convictions were overturned earlier this year. He pleaded not guilty in the retrial.
Haley testified that Weinstein assaulted her at his apartment in 2006. Mann said he raped her at a hotel in 2013. Sokola testified that Weinstein assaulted her in 2002, when she was 16, and again in 2006. The 2006 incident led to the charge against Weinstein in the retrial.
Outside the courthouse, Weinstein’s lawyer, Arthur Aidala, said they would appeal the latest conviction. “We have very powerful evidence that there was gross juror misconduct at this trial,” he said. Weinstein faces up to 25 years in prison for the conviction related to Haley. He is also serving a separate 16-year sentence from his 2022 rape conviction in Los Angeles.
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