Judge Declares Mistrial on One Count in Harvey Weinstein Retrial

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Image source Wikimedia

The dramatic retrial of disgraced Hollywood mogul Harvey Weinstein took another tumultuous turn on Thursday, as a judge declared a mistrial on a crucial rape charge after a juror adamantly refused to re-enter the jury room for deliberations. The decision, following days of escalating tensions and accusations of bullying within the jury, means prosecutors will now face the arduous task of pursuing a third trial against Weinstein on the same count.

The 12-person jury, comprising seven women and five men, had already delivered a partial verdict on Wednesday, finding Weinstein guilty of one count of sexual assault against former production assistant Miriam Haley, and acquitting him of another charge involving model Kaja Sokola. However, they remained deadlocked on the charge of third-degree rape, stemming from allegations by actress Jessica Mann concerning an alleged 2013 attack.

Image source Wikimedia

The unraveling of deliberations came to a head on Thursday when the jury foreperson, whose identity has not been publicly released, informed Judge Curtis Farber that he would not return to the jury room. The foreperson cited fear and intimidation, alleging that other jurors had been yelling at him and pressuring him to change his vote on the rape count. He reportedly told the judge on Wednesday that “at least one other juror made comments to the effect of ‘I’ll meet you outside one day,’ and there’s yelling and screaming.”

Judge Farber, acknowledging the “heated” nature of the deliberations, ultimately had no choice but to declare a mistrial on the charge involving Jessica Mann. “Deliberations became heated to such a degree I am obligated to declare a mistrial on the one count on which you didn’t reach a verdict,” Farber stated from the bench.

The defense, led by attorney Arthur Aidala, had repeatedly called for a mistrial throughout the tense deliberations, citing various concerns about juror conduct, including allegations that jurors were considering outside information or prior allegations not presented in this specific trial. Weinstein himself, frail and attending proceedings in a wheelchair, spoke out on Wednesday, stating, “This is not right for me, the person who is on trial here… It’s not fair.”

Manhattan District Attorney Alvin Bragg confirmed immediately after the mistrial declaration that his office intends to retry the rape charge again, indicating that Jessica Mann is “ready and willing” to testify for a third time.

This latest development adds another complex layer to the long-running legal saga of Harvey Weinstein, whose downfall ignited the global #MeToo movement. His initial 2020 conviction in New York, which included the charge of raping Jessica Mann, was famously overturned last April by the state’s highest court. The appeals court ruled that the trial judge had improperly allowed testimony from women whose allegations were not directly part of the criminal charges, thereby prejudicing the trial.

Weinstein remains incarcerated, currently serving a 16-year sentence from a separate 2022 sexual assault conviction in Los Angeles. The legal battles continue, however, as his defense team has indicated they will appeal the single conviction reached in the New York retrial, citing “gross juror misconduct.”

For Jessica Mann and other accusers, the mistrial is undoubtedly a frustrating setback in their long fight for justice. Yet, the District Attorney’s commitment to a third trial ensures that the allegations against one of Hollywood’s most notorious figures will continue to be litigated, even as the extraordinary tensions within the jury room underscore the immense challenges of bringing these cases to definitive conclusions.

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