A Manhattan judge declared a mistrial Friday in the latest retrial of Harvey Weinstein on a third-degree rape charge after jurors reported they were deadlocked.
The development marks the latest chapter in the long-running legal proceedings against the former Hollywood producer, reported the Associated Press.
Prosecutors must now decide whether to pursue a fourth trial on the allegation involving aspiring actress Jessica Mann. Weinstein, who is already serving a 16-year sentence in California for other rape convictions, remains imprisoned.
History of the Case
The allegations against Weinstein gained national attention in 2017 when The New York Times and The New Yorker published investigative reports detailing claims of sexual misconduct by dozens of women.
In May 2018, Weinstein surrendered to New York authorities and was charged with rape and criminal sexual act in the first degree, per NPR. A superseding indictment added charges related to additional accusers.
Weinstein’s first New York trial in 2020 resulted in convictions for first-degree criminal sexual act against Miriam Haley and third-degree rape against Jessica Mann. He was acquitted of more serious predatory sexual assault charges and first-degree rape, CBS News New York reported at the time. He received a 23-year sentence.
In April 2024, New York’s highest court overturned the 2020 convictions in a 4-3 decision. The Court of Appeals ruled that the trial judge improperly allowed testimony from women whose allegations were not part of the charged crimes, finding it prejudiced the defense. The case was sent back for a new trial.
A 2025 retrial involving multiple accusers ended in a split verdict: conviction on one count involving Miriam Haley, acquittal on another, and deadlock on the third-degree rape charge involving Mann. A mistrial was declared on that remaining count, reported The New York Times.
The current retrial, which began in April 2026, again focused on Mann’s 2013 allegation. She testified that Weinstein trapped her in a DoubleTree hotel room, ignored her refusals, and assaulted her. Defense attorneys highlighted prior consensual encounters between Mann and Weinstein and questioned the credibility of her account.
Next Steps
Manhattan District Attorney Alvin Bragg’s office will consult with Mann before deciding on a potential fourth trial. A hearing is scheduled for June 24, reported AP. Weinstein denies all nonconsensual allegations.
The mistrial occurred because the jury could not reach a unanimous verdict after deliberations. Under New York law, a deadlocked jury results in a mistrial, allowing prosecutors the option to retry the case.
Weinstein was convicted in Los Angeles in 2022 of rape and sexual assault and sentenced to 16 years. He has appealed that conviction as well. He remains in custody.