Prosecutors say they are prepared to go to trial for a third time after tension among jurors derails proceedings.
The judge in the sex crimes retrial of disgraced entertainment mogul Harvey Weinstein sex crimes retrial has declared a mistrial on an outstanding rape charge against the movie producer, after the jury foreperson refused to return to deliberate the case amid a jury room feud.
Judge Curtis Farber dismissed jurors in the New York court who had been unable to reach a verdict on the charge that Weinstein raped Jessica Mann.
“Deliberations became heated to such a degree I am obligated to declare a mistrial on the one count on which you didn’t reach a verdict,” Farber declared from the wood-panelled bench, wearing a robe and reading glasses.
Tensions within the jury in the trial have been a source of speculation for several days, and the jury foreperson said that he had been yelled at for refusing to change his vote on the rape count. He said that he felt bullied and said “No, I’m sorry,” when asked on Thursday if he would return to the jury room.
The decision is the latest development in a years-long legal saga focused on Weinstein’s record of sexual abuse during his time as a powerful figure in the entertainment industry.
More than 100 women have accused Weinstein of varying forms of sexual misconduct, and allegations against him helped spark the #MeToo movement, which encouraged women to come forward with their stories of sexual abuse at the hands of powerful men in a variety of industries.
The jury convicted Weinstein of one felony sex abuse charge, stemming from allegations from former production assistant Miriam Haley, on Wednesday, and acquitted him of another. But the jury could not decide on the third charge, which stems from allegations by Jessica Mann that Weinstein raped her in 2013.
The hairstylist and actress testified for days about what she says was her rape by Weinstein in a Manhattan hotel room, an event she also recounted during the first trial in 2020. Manhattan prosecutor Nicole Blumberg has said that Mann is prepared to go to trial for a third time.
Another jury in the Manhattan court had found Weinstein guilty in 2020 of raping Mann and sexually assaulting Haley, but New York state’s highest court overturned that conviction last year.
Weinstein criticised the court proceedings after Farber’s decision.
“I can’t be judged by a situation that’s going on like this,” said the 73-year-old Weinstein, who has denied all charges.