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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 at Harvey Weinstein’s rape retrial after a jury became “hopelessly deadlocked” over whether the disgraced producer was guilty of an attack on Jessica Mann, less than a year after his last trial ended in the same result.

The eight men and four women on the jury, who got the case Wednesday, told the court they were unable to come to an unanimous decision shortly into Friday’s deliberations. Justice Curtis Farber directed them to keep trying, but the panel soon after sent another note saying “no one is going to change where they stand.”

Farber granted the request for a mistrial from Weinstein’s lawyers over the wishes of prosecutors, saying it was evident the jury was “hopelessly deadlocked” and that to make them keep trying could be viewed as coercive.

Mann, among the first two women Weinstein was charged with assaulting after his 2018 arrest, spent five days testifying about the alleged March 18, 2013, attack at the DoubleTree Hotel on Lexington Ave. It was her third time taking the stand this decade as a result of Weinstein’s 2020 conviction for raping her being overturned.

She has long alleged that the Miramax founder violently attacked her in Manhattan weeks after they first met by chance at a party in Los Angeles and that he later sexually assaulted her in California. Only the Manhattan incident was charged.

In a statement, Mann said she had nothing to gain from testifying at all of the trials except for establishing the truth.

“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. I chose to testify in three trials because I am telling the truth,” she said.

“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. 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.”

In a statement, Manhattan District Attorney Alvin Bragg said his office was consulting with Mann about whether to try the case again.

“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.”

Outside the courthouse, defense attorney Marc Agnifilo said he was disappointed not to win an acquittal but gratified that the majority wanted to find Weinstein not guilty.

He said he would implore Bragg’s office not to bring the case again.

“We think our chances on any retrial are just outstanding,” Agnifilo said. “He’s in very poor health. He has a terrible diet. He’s diabetic. He has cancer. He has terrible chest pains. And the people on Rikers Island do the best they can; I’m not being critical. He obviously needs a type of care and a type of diet that that does not provide. And so it’s our job not just to win this case. There’s an entire legal knot that needs to be untangled, and we’re gonna start untangling that knot, strand by strand, with the New York case first and then the California case. So this really is just a first step.”

Weinstein’s 2020 conviction for raping Mann and sexually assaulting Miriam Haley, a former “Project Runway” assistant, at his SoHo loft in 2006, was 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, he was convicted again of the attack on Haley, but after fraught deliberations, the panel couldn’t agree on Mann and Farber declared a mistrial.

Mann has 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.

Jurors who spoke to the Daily News after Friday’s proceedings said nine members wanted to acquit Weinstein and three — all men of varying ages — wanted to convict.

“I had a lot of sympathy for her,” the jury’s youngest member, Sarae Perez, 25, said. “It all came down to the credibility of her testimony. The three thought her testimony was credible, they had no reason to doubt it. And then the rest felt certain things on the stand were a little performative or maybe evasive or lying, and we didn’t know, so that created a level of doubt that really mattered when it came down to everything.”

Josh Hadar, 57, a sculptor and real estate investor, said he felt there were inconsistencies between Mann’s account on direct examination with the prosecution and her cross-examination with Weinstein’s lawyer Teny Geragos.

“It just seemed when the prosecution was questioning, descriptions were spot on,” Hadar said, “that were somehow not remembered or not recalled [on cross examination].”

Hadar said there was some tension in the jury room and “a little bit of heat,” but that the deliberations were largely respectful and everyone got along.

“It was not whether this happened or not, that never really became the issue — whether the offense happened or not,” he added. “It was really about whether there was enough reasonable doubt to acquit or find him guilty.”

The News could not immediately reach the three jurors who wanted to convict Weinstein.

Unlike at the last two trials, Mann’s testimony this time around was isolated from the tapestry of sexual violence allegations Weinstein has faced 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.

The fallen movie mogul’s toppling in late 2017 amid an outpouring of sex crimes allegations catalyzed the global #MeToo campaign against sexual abuse and workplace sexual harassment.

Weinstein is yet to be sentenced for the guilty verdict reached at his 2025 trial, which could result in a term of up to 25 years. 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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