Harvey Weinstein rape trial ends in mistrial after jury deadlocked

The judge in Harvey Weinstein's rape retrial declared a mistrial on Friday.

While the former Hollywood mogul has been convicted of other sex crimes on two U.S. coasts and remains behind bars, the mistrial leaves the New York rape charge in limbo after three trials.

The jury deadlocked after deliberating on whether Weinstein raped Jessica Mann in 2013.

"After hearing the testimony three separate times, and after two different juries were unable to reach a unanimous decision, maybe it’s time for the District Attorney to stop retrying the same case and focus resources on the actual crimes impacting New Yorkers every day," a spokesperson for Weinstein told Fox News Digital.

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During his latest trial, Weinstein's legal team argued the encounter with Mann was consensual. They have emphasized that Mann subsequently continued seeing Weinstein and expressed warmth toward him. Mann has said she was mired in complicated feelings about him, herself and what had happened.

Things reportedly changed for the hairstylist in 2017 when other women came forward with allegations against Weinstein as part of the #MeToo movement.

"Today’s decision to declare a mistrial doesn’t in any way detract from the truth I told and the violent crimes Harvey Weinstein committed upon me and so many others," Mann told Fox News Digital in a statement. "I chose to testify in three trials because I am telling the truth."

"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," she added. "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.

"The power of predators remains too great," Mann concluded. "I deserve justice, which is why I stand up and face unbearable public scrutiny in the name of a greater good – a world where predators are not in power."

The jury heard three weeks of testimony for Weinstein's third trial, with Mann testifying over the course of five days. Weinstein did not take the stand himself.

The jury had indicated a deadlock Friday morning, but the judge directed them to continue deliberating. Shortly after, Judge Curtis Farber declared a mistrial.

"While we are disappointed that the proceedings ended with a mistrial, we deeply respect the jury system and sincerely thank all of the jurors for their time and dedication," New York County District Attorney Alvin Bragg said in a statement. "For nearly a decade, Jessica Mann has fought for justice. Over the course of many weeks during three separate trials, she relived unthinkably painful experiences in front of complete strangers. Her perseverance and bravery are inspiring to the members of my office, and more importantly, to survivors everywhere."

"We will consider our next steps in consultation with Ms. Mann, and in consideration of Harvey Weinstein’s pending sentencing following last year’s trial conviction for forcibly sexually assaulting Miriam Haley," the statement continued.

"As always, we will continue to prosecute crimes of sexual violence – no matter who the defendant is – in a survivor-centered manner that uplifts their voices in the pursuit of justice."

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Weinstein's conviction was first overturned in 2024. In a 4-3 decision, the appeals court found that Weinstein's trial judge allowed prosecutors to call women who said Weinstein had assaulted them to testify, even though their accusations did not specifically relate to the entertainment mogul's charges.

He had been serving out his 23 years in prison after being convicted in February 2020 of forcing oral sex on TV and film production assistant Mimi Haley in 2006 and the third-degree rape of Mann in 2013.

At the time, he was acquitted of first-degree rape and two counts of predatory sexual assault stemming from actor Annabella Sciorra’s allegations of rape in the 1990s. He has denied ever engaging in non-consensual sex.

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Weinstein, a former film producer, was known for his influential career in Hollywood before his widely publicized fall from grace. He is the co-founder of Miramax and later The Weinstein Company, both of which have produced many commercially successful films and won accolades from the Academy Awards. 

Weinstein was one of the biggest figures in the #MeToo movement after being accused of sexual assault and rape by more than 80 women.

After Weinstein's sentencing in New York in 2020, he was extradited to California in July 2021 to face sexual assault allegations made by four women in Los Angeles and Beverly Hills between 2004 and 2013.

In December 2022, he was found guilty of rape, forced oral copulation and another sexual misconduct count involving a woman known as Jane Doe 1. He was sentenced to 16 years in prison in February 2023. Weinstein's legal team has vowed to appeal that conviction as well.

The Associated Press contributed to this report.