Judge Declares Mistrial in Harvey Weinstein’s New York Rape Retrial Following Jury Deadlock
The legal saga surrounding former Hollywood mogul Harvey Weinstein has hit another stalemate. On Friday, May 15, 2026, a judge declared a mistrial in Weinstein’s New York rape retrial after the jury informed the court they were deadlocked and unable to reach a unanimous verdict.
This development leaves a significant New York rape charge in limbo, marking the third time a jury has failed to resolve this specific case. Despite this outcome, Weinstein remains behind bars due to separate sex crime convictions on two different U.S. Coasts.
The Deadlock in Manhattan Criminal Court
The stalemate became evident on the third day of deliberations. Jurors sent a note to the court stating they had “concluded that they cannot reach” a unanimous decision. While Judge Curtis Farber initially instructed the group to continue their deliberations—a standard procedure in New York courts—the jury remained unable to agree, leading to the official declaration of a mistrial.
The Allegations and Defense
The trial focused on a single count of rape in the third degree. The prosecution’s case centered on the testimony of Jessica Mann, a 40-year-old hairstylist and actor. Mann testified that while she had engaged in some consensual sexual encounters with Weinstein in 2013, he subjected her to unwanted sex on a specific day after she repeatedly said no.
Weinstein’s defense team countered these claims by arguing that the encounter was consensual. Lawyers for the former producer emphasized that Mann continued to see Weinstein after the incident and expressed warmth toward him, suggesting the relationship was not non-consensual. Mann testified that her subsequent behavior was the result of complicated feelings regarding herself and the events that had occurred.
A Complex Legal History
This mistrial is the latest chapter in a protracted legal battle in New York. The current proceedings followed a series of legal reversals and failures:
- The 2020 Conviction: An appeals court overturned Weinstein’s original 2020 New York conviction, which had involved charges related to Mann and another accuser.
- The First Retrial: A subsequent retrial last year also ended without a resolution when jury deliberations broke down due to infighting specifically regarding the portion of the case involving Jessica Mann.
- The Current Retrial: This third attempt to reach a verdict ended in Friday’s deadlock.
- Verdict: Mistrial declared on May 15, 2026.
- Reason: The Manhattan jury was deadlocked and could not reach a unanimous decision.
- Charge: One count of rape in the third degree involving accuser Jessica Mann.
- Status: Weinstein remains incarcerated due to other convictions in different jurisdictions.
What Happens Next?
While the New York rape charge remains unresolved, the mistrial does not grant Weinstein immediate freedom. Because he has been convicted of other sex crimes on two U.S. Coasts, he remains in custody. The legal team for the prosecution must now determine whether to pursue a fourth trial or leave the charge unresolved.