Harvey Weinstein Rape Trial Ends in Mistrial for Second Time (1)

Harvey Weinstein’s rape retrial ended in a hung jury for the second time, leaving uncertainty over the case even as Weinstein faces decades behind bars for prior convictions.

Manhattan criminal court Judge Curtis Farber declared a mistrial Friday after roughly three days of deliberations, with jurors repeatedly telling the judge that the 12 of them couldn’t reach a unanimous verdict.

“We feel no one is going to change where they stand,” a second note from the jurors to the judge said.

The result ends the third trial centered on the same allegation—that Weinstein raped former actress Jessica Mann at a Manhattan hotel in 2013.

Weinstein was convicted of raping Mann at a 2020 trial seen as a victory for the #MeToo movement. But New York’s top state court overturned the verdict in 2024. A jury last year failed to reach a verdict on the charge, even as the same jury convicted him of sexually assaulting a second woman.

It wasn’t immediately clear if the Manhattan District Attorney’s Office planned to try the rape case a fourth time. In a statement, Manhattan District Attorney Alvin Bragg said he’s “disappointed” but thanked the jurors.

“We will consider our next steps in consultation with Ms. Mann,” Bragg said.

Either way, the charge won’t move the needle much on Weinstein’s time behind bars. Weinstein, 74, is facing up to 25 years in prison after the New York jury last year found him guilty of forcing oral sex on ex-production assistant Miriam Haley. He hasn’t been sentenced yet because Farber wanted to first resolve the rape charge.

The rape charge at the retrial carried four years because the prosecution this time charged Weinstein solely with rape in the third degree, a lower-level sex offense under New York’s penal code. He’s been incarcerated—much of it at Rikers Island—since his 2020 conviction.

He’s also facing a 16-year sentence in California for a separate rape conviction that he’s appealing.

Weinstein attorney Marc Agnifilo said after the verdict that the jury was 9-3 for acquittal. “I’m somewhat disappointed it wasn’t 12-0,” he said. “We’re going to encourage the District Attorney’s Office to not try this case again.”

Heated Retrial

For the latest trial, Weinstein tapped the litigation team, Agnifilo Intrater, responsible for helping Sean “Diddy” Combs beat sex trafficking and racketeering charges last year. (Combs is serving about four years on a lesser offense that he’s appealed.) The legal team is also representing Luigi Mangione, who’s accused of murdering UnitedHealth Group executive Brian Thompson.

The defense and prosecutors sparred over a three-week trial that often grew heated, intense, and emotional.

Mann testified that Weinstein raped her at a DoubleTree hotel in Manhattan in 2013. She said she’d gone to the hotel room to talk with Weinstein, with whom she’d been having a casual sexual relationship. She tried to leave the room as Weinstein made sexual advances, but he slammed the door shut, she told jurors.

“I said ‘no’ over and over,” Mann said. Weinstein grabbed her wrists as she resisted his advances, Mann said through tears on the stand.

Weinstein’s legal team sought to paint her as unreliable, telling jurors there were inconsistencies in her testimony. They repeatedly pointed to a note she wrote days after she was allegedly raped that didn’t mention rape but instead said, “Do I love him or the idea of him?”

“God forbid she had been raped, she would not be acting like everything is fine,” Weinstein attorney Marc Agnifilo said in summations.

The case began under Manhattan District Attorney Cy Vance, who oversaw the 2020 case, and continued with Bragg, who regularly attended the proceedings throughout April and May.

Manhattan Assistant District Attorney Nicole Blumberg told jurors in summations that the defense hadn’t explained why Mann would lie about rape. She said Mann didn’t go to authorities at the time given Weinstein’s then-powerful status.

The reports that Weinstein had abused others—kickstarting the #MeToo movement—helped Mann feel empowered to come forward, Blumberg said.

Weinstein has long maintained his relationships with women were consensual. Amid plea talks after the 2025 trial, Weinstein’s lawyer said the ex-mogul was averse to pleading guilty to rape.

The case is People v. Weinstein, N.Y. Sup. Ct., IND-02335-18/001, mistrial 5/15/26.