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Mistrial declared in Harvey Weinstein NYC Jessica Mann rape trial

Molly Crane-Newman, New York Daily News on

Published in News & Features

NEW YORK — A Manhattan judge declared a mistrial Friday after a jury said it was unable to reach a unanimous decision on whether Harvey Weinstein was guilty of raping Jessica Mann, a year after his last case also ended in a mistrial.

The seven men and five women on the jury, who began deliberating Wednesday, had initially sent out a note at 11:20 a.m., reading, “We the jury request to let the judge know that the members of the jury have concluded that we cannot reach an unanimous decision.”

In response, Justice Curtis Farber read the panel an Allen charge, directing them to keep at it and noting “it wasn’t meant to be easy.” About 1 p.m., the jury again said it couldn’t reach a decision and Farber said it was clear from the jurors’ notes “they are hopelessly deadlocked” and that instructing them to keep going would be coercive.

The panel has been deliberating for two days on a charge of third-degree rape. Mann, in five days of emotional testimony, recounted her claim that the Miramax founder raped her at the DoubleTree Hotel on March 18, 2013.

In a statement, Manhattan District Attorney Alvin Bragg said he was weighing in consultation with Mann whether to again try the charge against Weinstein.

“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,” the statement added. “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.”

Mann, 40, could not immediately be reached for comment. She has long alleged that Weinstein violently raped her at the midtown hotel weeks after they first met by chance at a party in Los Angeles, and that he sexually assaulted her weeks later in California. Only the Manhattan incident was charged.

Weinstein was initially convicted of the Manhattan rape in 2020, in addition to sexually assaulting Miriam Haley, a former “Project Runway” assistant, at his SoHo loft in 2006. Those verdicts were tossed by New York’s highest court in 2024 for reasons unrelated to either woman’s testimony.

 

When the case was tried again last year, Weinstein was convicted of the attack on Haley, but after fraught deliberations, the panel couldn’t agree on Mann and that count ended in a mistrial as well.

At all three trials, Mann faced endless questions and brutal cross examinations about consenting to other encounters with Weinstein in the years that followed the alleged attacks. She has steadfastly maintained that the 2013 incidents were different and happened against her will.

As in 2020, jurors at last year’s retrial heard from multiple women with similar accusations to Mann, but her testimony at the third trial was isolated from those accounts and the tapestry of sexual violence allegations Weinstein has faced by more than 80 women over the last decade. The jury was also unaware that Weinstein was convicted in Los Angeles in 2022 for raping a different woman in the weeks before the attack alleged by Mann.

Weinstein’s toppling in late 2017 amid an outpouring of sex crimes allegations catalyzed the global awareness campaign against sexual abuse and workplace sexual harassment.

Regardless of the outcome of the Mann case, Weinstein, 74, faces prison time for the guilty verdict reached at his 2025 trial for sexually assaulting former “Project Runway” assistant Miriam Haley, which could result in a term of up to 25 years.

Weinstein is expected to land back in California before seeing a New York prison cell. He is less than halfway into a 16-year sentence following his separate 2022 conviction in Los Angeles for raping and sexually assaulting Italian model and actor Evgeniya Chernyshova.

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©2026 New York Daily News. Visit at nydailynews.com. Distributed by Tribune Content Agency, LLC.

 

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