Mistrial declared in Harvey Weinstein rape retrial after jury deadlocks on allegations

The jury had been tasked with deciding whether Weinstein — the former movie mogul who became a symbol of the #MeToo movement's campaign against sexual misconduct — raped hairstylist and actor Jessica Mann in a Manhattan hotel room in March 2013.

The judge in the rape retrial of Harvey Weinstein declared a mistrial after the jury could not reach a unanimous verdict in the closely watched #MeToo-era case that another jury failed to decide last year.

After deliberating for about nine hours, the jury told the judge Friday afternoon that they would not be able to reach a verdict and that further deliberations would be fruitless. The judge said the trial would be rescheduled, but it was not clear when.

The signs of stalemate emerged a few hours into the third day of deliberations. Jurors earlier in the day sent a note saying they “have concluded that they cannot reach” a unanimous verdict. Judge Curtis Farber instructed the group to continue deliberating. That's generally what New York judges do at least the first time a jury says it's stuck.

Jurors then returned to their closed-door discussions. They had been tasked with deciding whether Weinstein — the former movie mogul who became a symbol of the #MeToo movement's campaign against sexual misconduct — raped hairstylist and actor Jessica Mann in a Manhattan hotel room in March 2013.

An appeals court overturned his 2020 New York conviction on charges that involved Mann and another accuser. At a retrial last year, jury deliberations broke down amid infighting on Mann’s portion of the case, leading to this current retrial. Weinstein is charged with one count of rape in the third degree.

Mann, 40, has testified that she willingly had some sexual interludes with the then-married producer, but that he subjected her to unwanted sex that day after she repeatedly said no.

Weinstein's lawyers maintain that the encounter was consensual. They have emphasized that Mann subsequently continued seeing Weinstein and expressing warmth toward him. Mann has said she was mired in complicated feelings about him, herself and what had happened.

Her viewpoint changed in 2017, when a series of allegations against the Oscar-winning Weinstein propelled #MeToo. Some of those accusations generated criminal convictions against Weinstein in New York and California.

Weinstein, 74, has said he “acted wrongly” but never assaulted anyone.

The current jury heard nearly three weeks of testimony, five days of it from Mann. Weinstein did not testify.

The Associated Press generally does not identify people who say they have been sexually assaulted. Mann, however, has agreed to be named.