Harvey Weinstein Rape Retrial Ends in Mistrial After Deadlocked Jury

The rape retrial of Harvey Weinstein ended in a mistrial on Friday, May 15, 2026, after a Manhattan jury failed to reach a unanimous verdict. The deadlock follows three days of deliberations in a case that has become a focal point of the #MeToo era.

Jury Deadlock and the Mistrial Declaration

Judge Curtis Farber declared the mistrial after the jury informed the court they were unable to reach a decision. According to reports, the jury foreperson had previously declined to return to deliberations, citing concerns for his safety.

During the proceedings, Judge Farber issued a modified deadlock charge, commonly referred to as an Allen charge, to encourage the jurors to continue their discussions. However, the jury responded with a subsequent note stating, “We feel that no one is going to change where they stand.”

While an official verdict was not reached, Weinstein’s defense attorneys informed the press outside the courtroom that the jury was split, with nine jurors favoring a not guilty verdict and three supporting a guilty verdict.

The Allegations and Legal Arguments

The trial centered on allegations made by Jessica Mann, a former aspiring actress. Mann testified that Weinstein raped her in 2013 at a DoubleTree hotel in Manhattan.

The prosecution, led by Candace White, argued that the case was defined by “power, to control and to manipulation.” White accused the 74-year-old producer of preying upon “fragile and sheltered” young women within the entertainment industry.

In response, defense attorney Jacob Kaplan argued that the encounter between Weinstein and Mann was consensual. Kaplan characterized Mann as a “strong and capable” woman and suggested that the allegations were fabricated due to regret over a past romance, stating the case would ultimately come down to “her word against her word.”

Trial History and Legal Context

This marks the third New York trial involving Weinstein and allegations of sexual misconduct. The legal history of these charges is complex:

• 2020 Conviction: Weinstein was initially convicted of assaulting Jessica Mann, but that verdict and another charge were later overturned in April 2024.
• Second New York Trial: In a trial held last summer, Weinstein was found guilty of one count of a criminal sexual act in the first degree but was acquitted of another charge.
• Current Trial: This latest proceeding focused specifically on the rape allegations brought by Mann.

Key Takeaways

• Outcome: A mistrial was declared on May 15, 2026, due to a deadlocked jury.
• Jury Composition: Defense lawyers reported a 9-3 split in favor of a not guilty verdict.
• Core Allegation: A 2013 alleged rape at a Manhattan DoubleTree hotel.
• Next Steps: Prosecutors have until late June to decide whether to pursue a fourth trial regarding the rape charge.

As the legal process continues, the prosecution’s office must now evaluate the viability of a subsequent trial as they approach the late June deadline.