Judge in Harvey Weinstein trial declares mistrial on rape charge
Prosecutors plan to try Weinstein a third time on the charge of third-degree rape, over his alleged mistreatment of the aspiring actress Jessica Mann in 2013.
The judge overseeing Harvey Weinstein's criminal case in Manhattan declared a mistrial on a rape charge on Thursday, one day after the former Hollywood movie mogul was convicted on a separate felony sex abuse charge.
Justice Curtis Farber of the state Supreme Court ended the trial after the jury foreperson refused to deliberate for a sixth day, following multiple days of reported dissension among jurors that at times was aired in the courtroom.
Prosecutors plan to try Weinstein a third time on the charge of third-degree rape, over his alleged mistreatment of the aspiring actress Jessica Mann in 2013.
On Wednesday, the jury delivered a mixed verdict on the other two counts Weinstein faced.
They convicted him of first-degree criminal sexual act over his alleged assault of former production assistant Miriam Haley in 2006, and acquitted him of the same charge over his alleged assault of aspiring actress Kaja Sokola in 2002.
Weinstein, 73, pleaded not guilty and has denied assaulting anyone or having non-consensual sex.
He plans to appeal his conviction, which carries a maximum prison term of 25 years.
Arthur Aidala, a lawyer for Weinstein, told reporters outside the courthouse: "We have very powerful evidence of gross jury misconduct at this trial," including that jurors considered outside evidence concerning Weinstein's conduct.
Weinstein's downfall sparked #MeToo movement
Weinstein co-founded the Miramax studio, whose hit movies included such Academy Award winners as "Shakespeare in Love" and "Pulp Fiction."His downfall began in 2017 and helped spark the #MeToo movement, which encouraged women to come forward with allegations of sexual misconduct by powerful men.
More than 100 women have accused Weinstein of misconduct.
Prosecutors in Manhattan said Weinstein used his power and influence to trap and abuse women.
Defense lawyers countered that Weinstein's accusers lied out of spite after their consensual sexual encounters with him failed to lead to Hollywood stardom.
A different jury in the Manhattan court found Weinstein guilty in 2020 of raping Mann and sexually assaulting Haley, but New York state's highest court overturned Weinstein's conviction and 23-year prison sentence last year.
Weinstein is appealing a separate 2022 rape conviction and 16-year prison sentence in California.
Wednesday's verdict was a victory for Manhattan District Attorney Alvin Bragg, whose office prosecuted Weinstein.
Bragg dismissed concern about jury misconduct, saying disputes among jurors reflected a vigorous exchange of ideas. He also thanked Weinstein's accusers for coming forward.
"They were accused of being money hungry, they were called liars, they were even told that they, in fact, were abusers," Bragg told reporters. "But they stood their ground, and for that I am extremely grateful."
Bragg is seeking reelection in November. His predecessor, Cyrus Vance, brought the case that led to Weinstein's 2020 conviction.
Foreperson threatened
Thursday's mistrial came one day after the jury foreperson told Farber that other jurors were shouting at and threatening him for refusing to change his vote on the rape count.The foreperson did not indicate publicly how he planned to vote, and Farber sent jurors home to cool off.
Weinstein has had many health problems, and he attended the Manhattan trial in a wheelchair.
He spent the months leading up to the trial at the notorious Rikers Island jail and in a Manhattan hospital.
Weinstein's eponymous film studio filed for bankruptcy in March 2018, five months after sexual misconduct accusations against him became widely publicized.
