Harvey Weinstein's third rape trial has ended in mistrial after a New York jury deadlocked, forcing Judge Curtis Farber to declare the mistrial following three days of jury deliberation without a verdict.
The 74-year-old former producer now faces the possibility of a fourth trial. Prosecutors have 30 days to decide whether to pursue another conviction on the charge of third-degree rape — a Class E felony carrying a maximum four-year prison sentence.
Weinstein's defense team includes Jacob Kaplan (who's also representing Luigi Mangione), Marc Agnifilo, and Teny Geragos — the latter two previously defended Sean Diddy Combs against sex trafficking charges. In closing arguments, Agnifilo framed Weinstein's encounters with accuser Jessica Mann as consensual, claiming he "helped her in every conceivable way."
Mann testified that she met Weinstein at a party in 2012 or 2013, and that he pressured her into sexual acts. "I said no over and over, and I tried to leave," she said through tears, adding: "He was just treating me like he owned me." Her testimony lasted five days.
The defense introduced a handwritten note Mann wrote two days after the alleged assault. The note did not mention rape and instead wondered if she'd become "emotionally attached" to Weinstein. It had not been introduced in Weinstein's previous two trials. Mann told jurors that the note reflected her internal conflict about decisions she was making.
Nearly 20 witnesses testified during the trial, which began April 21 at Manhattan's State Supreme Court. His second trial also ended with a hung jury. His 2020 conviction on rape charges was later overturned by a judge.
Prosecutors have 30 days to decide whether to pursue a fourth trial.
