Harvey Weinstein Juror Drama Results in Mistrial on Rape Charge (1)

The Manhattan judge presiding over Harvey Weinstein’s retrial declared a mistrial Thursday on the remaining rape charge after the jury foreperson refused to continue deliberations, citing an alleged threat from another juror.

The foreperson told the judge in one word during a one-on-one conversation Thursday morning—"no"—that he wasn’t willing to sit with his fellow jurors again.

“I understand these deliberations were more heated than some others,” Judge Curtis Farber told the full jury after hearing from the foreperson. “Given the nature of the deliberations became contentious to such a degree, I’m obligated to declare a mistrial on the one count you have not declared a verdict on.”

Weinstein was already convicted Wednesday of sexual assault—a charge carrying a sentence of up to 25 years in prison. He was also acquitted of a separate sexual assault charge Wednesday that also carried 25 years.

By contrast, the rape charge carried only four years. But the mistrial declaration on the rape charge was still something of a win for Weinstein. It stemmed from an allegation that he raped former aspiring actress Jessica Mann. Weinstein was convicted of raping Mann at the 2020 trial.

Weinstein attorney Arthur Aidala told reporters outside the courthouse Thursday that Weinstein would appeal the latest conviction. “We have powerful evidence of gross jury misconduct at this trial,” he said.

Potential Round Three

The mistrial declaration followed six tense days of deliberations. On Wednesday, the foreperson told the judge in a closed-door meeting that he feared for his safety after another juror said, “You gonna see me outside” and made similar remarks. The foreperson also said he refused to change his mind on the rape charge and felt other jurors were threatening him to change his mind.

The judge accepted the partial verdict from the jurors Wednesday before telling them to go home and cool off. But the issues hadn’t resolved by Thursday, with the foreperson refusing to continue deliberating.

Assistant District Attorney Nicole Blumberg said after the mistrial declaration that the office was ready for a third trial and that Mann was willing to testify again. But she also suggested the office would consider plea negotiations. “If the defendant chooses to accept responsibility, we are willing to have those discussions as it relates to our sentencing recommendation,” she said.

Aidala said a third trial would be a waste of taxpayer resources and would harm both Weinstein and Mann. “Why are you subjecting this woman to live this nightmare all over again?” he said. “In the interest of justice, the district attorney’s office is really wasting time trying this case again.”

Farber set a July date for a further conference on the issue.

Juror Divisions

Weinstein’s 2020 conviction was overturned last year by New York’s highest court. The court said Weinstein didn’t get a fair trial because women testified to sexual misconduct that wasn’t part of the charges.

This time, the six-week trial was held long after the height of the #MeToo movement and didn’t include accusations beyond the three women.

Potential divisions among jurors were apparent as far back as jury selection, when some potential jurors called the Miramax co-founder a “pig,” while others said #MeToo had led to false assault allegations. During deliberations, jurors signaled they were clashing, sending notes saying they were being “attacked” or shunned by fellow jurors.

But ultimately they reached consensus on two of the three charges.

Weinstein, 73, has been in a wheelchair throughout the trial and says he has cancer. He’s been housed in a hospital prison ward rather than Rikers Island.

He’s also facing 16 years in prison in California for a separate conviction there on appeal.

The case is People v. Weinstein, N.Y. Sup. Ct., mistrial declared 6/12/25.