What to know about the mistrial in Harvey Weinstein’s rape retrial

NEW YORK (AP) — A New York judge declared a mistrial Friday in Harvey Weinstein ’s rape case from the #MeToo-era that has gone to trial three times so far after a jury was unable to come to a unanimous decision.

The trial centered on whether Weinstein raped Jessica Mann, a hairstylist and actor, in 2013 during a relationship between the then-married Weinstein and the decades-younger Mann. Weinstein’s lawyers argued that the encounter was consensual, while Mann described a hotel-room encounter when he forced himself upon her.

The current jury heard nearly three weeks of testimony, including from Mann. Weinstein decided not to testify.

Here’s what you need to know about the case:

Why has the case gone to trial three times?

Weinstein was initially convicted in 2020, but an appeals court overturned that verdict after the court ruled the trial judge unfairly allowed testimony against Weinstein based on allegations that weren’t part of the case.

Jurors at a retrial last year convicted Weinstein of one count of criminal sex act and acquitted him of another. But they stopped deliberating on Mann's rape charge when the foreperson refused to participate further, leaving the case unresolved and leading to the retrial that ended as a mistrial Friday.

Why did this case ended in a mistrial?

On the third day of deliberations, the jury told the judge they were stuck, but he told them to keep trying. Ultimately, they sent another note saying: “We feel that no one is going to change where they stand.”

When a jury in criminal court cannot reach a unanimous decision, the judge typically declares a mistrial.

Some jurors on the majority-male Manhattan jury questioned the credibility of Mann’s testimony and said outside court that nine out of 12 wanted to acquit Weinstein.

A juror, Josh Hadar, said Mann had an “incredible memory” when she testified for the prosecution but “forgot a lot of things” when questioned by defense attorneys.

Mann underwent five days of fraught, often tearful testimony that included hours of questioning at a time.

Will there be a fourth trial?

District Attorney Alvin Bragg said his staff will consult Mann about another trial and also take into account what happens to Weinstein when he is sentenced for his conviction from the last trial.

A hearing was set for June 24 for prosecutors to decide if they will go to a fourth trial.

Is Weinstein still in prison?

Weinstein had been in a New York prison serving a 23-year sentence after his initial conviction in 2020. After that was overturned, he remained behind bars because he was convicted in Los Angeles in 2022 of rape and sexual assault and sentenced to 16 years in prison. He is currently being held at the Rikers Island jail while awaiting further legal proceedings.

What crimes has Weinstein already been convicted of?

During a retrial last June, Weinstein was convicted of one count of criminal sex act, when a jury found he forcibly performed oral sex on a TV and movie producer and production assistant, Miriam Haley, nearly two decades ago.

She had worked on the Weinstein-produced show “Project Runway" and testified that he assaulted her in July 2006 after inviting her to stop by his SoHo apartment before a flight. Weinstein is appealing the conviction.

In Los Angeles, he was convicted during a December 2022 trial of one count of rape and two counts of sexual assault against an Italian actor and model. The woman said he arrived uninvited at her hotel room during a 2013 film festival in the run-up to the Oscars, talking his way in and assaulting her.