Harvey Weinstein's third sex crimes trial in Manhattan has concluded in a mistrial after the jury declared itself deadlocked, unable to reach a unanimous verdict on charges that the former Hollywood mogul raped former actor Jessica Mann.
Jury deadlock leads to mistrial
Manhattan Supreme Court Judge Curtis Farber declared a mistrial on Friday (US time), marking the second time a jury has failed to reach a verdict on Mann's allegations. The 74-year-old Weinstein faced his third trial over accusations that he raped Mann inside the DoubleTree hotel in New York's Midtown district on March 18, 2013. Mann recounted the alleged assault during five days of testimony at the four-week trial.
On Thursday morning, the jury sent a note indicating they could not reach a unanimous decision. Judge Farber issued an "Allen charge," instructing the panel to continue deliberations. However, the jury sent another note at lunch break stating they could not agree. "We feel no one is going to change where they stand," the note read. Weinstein's lawyer, Marc Agnifilo, then moved for a mistrial, which the judge granted.
Mann's emotional testimony
Mann, now 40, broke down several times during her painful testimony as she faced Weinstein for the third time. A jury at last year's retrial had also failed to convict the former powerhouse producer of rape. "I said, 'No' over and over and I tried to leave," Mann said through sobs, demonstrating how Weinstein allegedly pinned both of her wrists above her head during the attack.
Mann testified that she had a consensual relationship with Weinstein at one point because she believed it could lead to a "loving relationship." She acknowledged knowing about Weinstein's power in Hollywood and how it influenced her decision to become involved with him. At every trial, Mann consistently described Weinstein as an erratic "brat" who could switch from caring to throwing tantrums when things did not go his way.
Weinstein also liked to remind people of his power in the film industry and how he could make or break a fledgling actor or filmmaker's career, Mann testified. "Essentially, his friends go very far and his enemies don't step foot in this town," the cosmetologist and hairstylist said. Mann stated that Weinstein told her he was in an "open relationship" with then-wife Georgina Chapman when they began hooking up. She also testified that Weinstein allegedly raped her at a Los Angeles hotel later in 2013, though he was not charged for that attack.
Defence cross-examination
Weinstein's lawyer, Teny Geragos, subjected Mann to a multi-day brutal cross-examination, pressing her repeatedly about her relationship with Weinstein and a so-called love note written by Mann just two days after the alleged New York City attack. The note was introduced for the first time at any trial. "Do I love him or the idea of him? With him — easy. The idea of expanding that — fulfilling," Mann mused in the note, written two days after she claimed she was sexually assaulted. Mann testified that she had become "emotionally attached" to someone and wanted a loving romance, but Weinstein's lawyer noted there was no mention of rape.
Prosecution and defence arguments
In closing arguments, Manhattan Assistant District Attorney Nicole Blumberg urged jurors to understand how Weinstein's power made it easy for him to manipulate people. Mann, an aspiring actor with big dreams, became a victim. "She missed the red flags, she missed the manipulation, the power, the control. She rationalised in her own mind the unwanted sex in the beginning," Blumberg told jurors.
Weinstein's lawyer, Marc Agnifilo, attempted to poke holes in Mann's character, highlighting her mental instability at the time and claiming she was lying to jurors while on the witness stand.
Weinstein's previous conviction
Weinstein awaits sentencing for his 2025 conviction, when a jury found him guilty of first-degree criminal sexual act for assaulting Miriam "Mimi" Haley, a former TV production assistant. This article originally appeared in The New York Post and was reproduced with permission.
