Weinstein case judge declares mistrial on remaining rape charge, AP Explains

(12 Jun 2025)
RESTRICTION SUMMARY:

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ASSOCIATED PRESS
New York – 12 June 2025
1. SOUNDBITE (English) Michael R. Sisak, The Associated Press:
"Harvey Weinstein’s MeToo retrial is over. The judge on Thursday declared a mistrial on the last of three counts. The jury said it could not reach a verdict on rape in the third degree as it related to an allegation made by aspiring actor Jessica Mann. She says Harvey Weinstein raped her in 2013. Now the judge made this ruling after the jury couldn’t deliberate any longer. The jury foreman said that he felt bullied by other jurors and did not wanna go back into the jury deliberation room. When he came to court on Thursday, he was put in a separate room, while the 11 other jurors remained in the jury deliberation room. And because all 12 weren’t together, they couldn’t start, restart, weighing that last charge. Now, prosecutors have said that they will retry Weinstein again on that rape in the third degree charge. Weinstein’s lawyers say that’s a waste of time. They argue that Weinstein has already served the prison time that he would be sentenced to if he is convicted on that charge. Remember, Weinstein was convicted in 2020 and sentenced to 23 years in prison. His conviction in that case was overturned last year, necessitating this retrial at this courthouse that ended today. The judge has not yet set a trial date for that retrial, the re-retrial of this rape in the third degree charge, but he has scheduled a conference for early July where he says he will come up with some dates going forward. Now, this development, this mistrial came a day after the jury came back to the courtroom and said it had a verdict on two other counts, the two other accounts of the three against Weinstein. The jury convicted him of criminal sex act for forcibly performing oral sex on a woman in 2006, but acquitted him on a similar allegation and the same charge also in 2006. Weinstein’s lawyers outside the courthouse said that they saw many problems with the way jury deliberations unfolded over five days. They cited the four persons’ allegations of bullying. Meanwhile, prosecutors said they were happy that there was a conviction on the count relating to that 2006 criminal sex act charge, but they are disappointed that the other woman that also alleged the same conduct, that her charge, resulted in a not guilty verdict."
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STORYLINE:
Harvey Weinstein’s sex crimes retrial came to a disjointed end Thursday as the jury foreperson declined to deliberate and the judge declared a mistrial on a remaining rape charge, a day after a split verdict on other charges in the landmark #MeToo-era case.

The outcome positions the ex-studio boss for a third New York trial — prosecutors said they’re ready to retry the rape count — even as he faces a new sentencing on his sexual assault conviction.

Weinstein, 73, denies all the charges. The Oscar-winning movie producer had a blank, drained expression as court officers escorted him out Thursday in his wheelchair.

His lawyer said he plans to appeal.

Weinstein is due back in court July 2 for discussion of retrial and sentencing dates. His first-degree criminal sex act conviction carries the potential for up to 25 years in prison, while the unresolved third-degree rape charge is punishable by up to four years — less than he already has served.

He’s been behind bars since his initial conviction in 2020, and he later also was sentenced to prison in a separate California case, which he’s appealing.

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