A New York judge declared a mistrial on Friday in Harvey Weinstein's third trial after jurors failed to reach a unanimous verdict on a rape charge.
Jury Deadlock Leads to Mistrial
The jury, which had been deliberating for three days, was deadlocked nine to three in favor of acquitting Weinstein on the charge of third-degree rape of Jessica Mann. This marks the third time a mistrial has been declared in this case, leaving prosecutors with 30 days to decide on pursuing yet another retrial.
Weinstein's lawyer, Marc Agnifilo, urged the Manhattan District Attorney’s Office to cease pursuing the case. “After hearing the evidence multiple times and seeing two juries unable to reach unanimity, it’s clear there is significant reasonable doubt here,” Agnifilo stated.
Potential Sentencing and Current Incarceration
If convicted, Weinstein faced a sentence of up to four years, though he has already served more time than the maximum sentence would require. He is currently serving a 16-year term in California and is awaiting sentencing for a separate sexual assault conviction in New York.
Judge Curtis Farber indicated he would sentence Weinstein after a decision is made on the remaining charge.
Testimonies and Defense Arguments
During the trial, Mann testified that Weinstein raped her in 2013 at a Manhattan hotel. She described him preventing her from leaving and forcing her to undress. The defense argued that the encounter was consensual, pointing to friendly notes Mann wrote to Weinstein at the time. Mann has been questioned across three trials about her relationship with Weinstein, which included consensual encounters.
“For years I have had to relive some of the hardest moments of my life while facing attempts to shame, humiliate and discredit me in open court,” Mann commented. “I submitted myself to the highest standards, transparency, and accountability in coming forward through the justice system – choosing integrity even when the process flayed me open.”
Impact of Previous Trials and Public Perception
Weinstein's previous trial in New York resulted in an acquittal of sexually assaulting Kaja Sokola. In 2024, New York's highest court overturned his rape conviction, citing improper admission of testimony regarding uncharged acts. The court's decision was seen by some as a critique of the #MeToo movement's influence.
In California, Weinstein was found guilty of multiple charges, including forcible rape, but was acquitted of others. Those convictions are under appeal.
Defense attorney Agnifilo suggested that public perception of Weinstein has influenced trial outcomes. “For some people, regardless of the evidence presented, saying ‘not guilty’ has become emotionally or socially impossible,” he stated.
Weinstein, now 74 and in declining health, awaits a decision on a possible retrial. He suffers from bone marrow cancer, chronic myeloid leukemia, and coronary artery disease. In an interview with The Hollywood Reporter, he expressed concerns about dying in prison.
Source: https://www.hollywoodreporter.com/news/general-news/judge-grants-harvey-weinsteins-bid-for-mistrial-1236597083/
