A New York judge declared a mistrial on a rape charge in Harvey Weinstein’s sex crimes trial after one juror refused to continue deliberations over an alleged attack in 2013 on actress Jessica Mann.
The jury had found Weinstein guilty of one count of sexual assault and not guilty of another count on Wednesday, but kept deliberating about a final rape charge.
Manhattan District Attorney Alvin Bragg said after the mistrial was announced that his office plans to retry the rape charge again – meaning a third trial for Weinstein in New York.
Thursday’s mistrial came after Weinstein’s earlier sex crimes conviction in the state was overturned last year, leading to new charges last September.
The rape charge was brought by actress Jessica Mann, who said in a statement on Thursday that she was prepared to testify again.
“I have told the District Attorney I am ready, willing and able to endure this as many times as it takes for justice and accountability to be served,” she said. “Today is not the end of my fight.”
At a news conference, Bragg said that after the judge declared a mistrial, he “immediately informed the court that we are ready to go forward to trial again on that charge, after conferring with Jessica Mann”.
A panel of seven female and five male jurors deliberated for six days in the six-week trial before one juror on Thursday declined to continue discussions.
Deliberations in the trial were plagued with tensions. The jury foreperson brought concerns to the judge earlier this week, saying jurors were “attacking” one another and trying to change his mind.
On Wednesday, he brought more complaints to the judge, indicating 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 Curtis Farber told the court.
On Thursday, the foreperson said he would not go back to the jury room to deliberate because he was afraid of others yelling at him, so the judge declared a mistrial on the last rape charge.
“Sometimes jury deliberations become heated. I understand this particular deliberation was more needed than some others,” Judge Farber told the 12-person jury, according to US media.
In a statement, a Weinstein spokesperson said his team believed the conviction would be “set aside” due to “gross juror misconduct”.
“8 years, dozens of accusers, three trials, one conviction,” spokesperson Juda Engelmayer said. “Harvey is disappointed in the single verdict, but hasn’t loss faith or the heart to continue fighting to clear his name.”
An appeals court overturned Weinstein’s previous conviction for sex crimes in New York last April, finding the 73-year-old did not receive a fair trial in 2020 because a judge allowed testimony from women who made allegations against him beyond the charges at hand.
The 2025 trial was based on the testimony of three women – Ms Mann, former television production assistant Miriam Haley, and Polish model Kaja Sokola. All three accused Weinstein of using his power in the entertainment industry to sexually abuse them. Ms Haley and Ms Mann both testified in the first trial against Weinstein, when he was found guilty.
This time, the jury found Weinstein guilty of sexually assaulting Ms Haley, but acquitted him of assaulting Ms Sokola.
The latest conviction is in addition to a 16-year sentence that Weinstein has yet to serve after being convicted of sex crimes in Los Angeles.
Jury deliberations proved tense last week as well, when one juror said others were “shunning” one member of the panel, calling it “playground stuff”.
The foreperson also claimed jurors were considering Weinstein’s past and other allegations outside the realm of the case in making decisions.
This led the judge to give the jury an instruction about only considering the allegations in the case, and nothing else.
Weinstein – who has cancer and diabetes – stayed at Bellevue Hospital rather than Riker’s Island jail during the trial. He sat in a wheelchair for the proceedings.
In total, Weinstein has been accused of sexual misconduct, assault and rape by more than 100 women. While not all reports resulted in criminal charges, the California conviction means he is likely to spend the rest of his life in prison.
Weinstein and his brother Bob were among the biggest figures in Hollywood, founding Miramax film studio, whose hits included Shakespeare in Love, which won the Oscar for best picture, and Pulp Fiction.
