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Mistrial Declared in Harvey Weinstein Rape Case After Jury Deadlocks

By Capitol Ledgers May 15, 2026 3 min read

NEW YORK — A New York judge declared a mistrial in the rape retrial of former film mogul Harvey Weinstein on Friday after the jury signaled they were hopelessly deadlocked. The development marks the latest turn in a protracted legal saga that has seen the 74-year-old’s 2020 conviction overturned, leading to a series of attempts to try him on lingering charges.

Judge Curtis Farber officially ended the proceedings on Friday afternoon after the jury sent a note stating they “have concluded that they cannot reach” a unanimous verdict. This marks the third time the specific charges involving accuser Jessica Mann have faced difficulty in court, following an initial conviction, a reversal by an appeals court, and two subsequent mistrials.

The jury reached a stalemate after nearly three weeks of testimony, specifically regarding the charge of third-degree rape involving Jessica Mann.

Throughout the trial, Mann, a 40-year-old hairstylist and actor, testified that she engaged in sexual interludes with the then-married producer in 2013, but alleged he forced himself upon her during an encounter where she repeatedly refused consent. Weinstein’s defense countered that the relationship was consensual, pointing to subsequent interactions where Mann expressed warmth toward him. Weinstein did not take the stand in his own defense.

The atmosphere inside the courtroom was reportedly strained. Internal reports from the deliberation room suggest a highly contentious environment, with the jury foreperson expressing significant difficulty in navigating internal conflicts. Defense attorneys have already signaled intentions to raise claims of juror misconduct, suggesting the dysfunction within the room could complicate any future legal actions.

Judge Farber has scheduled a follow-up hearing for June 24 to determine if Manhattan prosecutors will pursue a fourth trial.

Given the repeated hung juries, legal analysts are questioning the viability of re-litigating the case. While Weinstein remains incarcerated due to separate convictions in California and New York, the unresolved third-degree rape charge remains a significant, albeit increasingly complex, piece of the #MeToo-era legal landscape.

Despite the mistrial, prosecutors have not yet formally abandoned the charge. The prosecution must now weigh the logistical and legal burden of a fourth trial against the diminishing returns of a recurring courtroom battle centered on events from over a decade ago.

“have concluded that they cannot reach”

— Jury Note, Delivered to Judge Curtis Farber

Weinstein, who appeared in court in a wheelchair, has consistently denied the allegations, stating he “acted wrongly” in his personal life but never committed sexual assault.

As the legal system processes the fallout of this latest stalemate, the case remains one of the most high-profile remnants of the #MeToo movement’s initial reckoning with Hollywood power dynamics. With no resolution reached, the Manhattan District Attorney’s office faces immense pressure to decide whether the pursuit of this specific conviction still serves the interests of justice.

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