A New York judge has officially declared a mistrial on the third-degree rape count in the ongoing retrial of Harvey Weinstein for sex crimes. This decision was made on Thursday after the jury foreman expressed fear about returning to the deliberation room, stating he had been yelled at by fellow jurors in an attempt to sway his opinion. Judge Curtis Farber addressed the issue after the foreman, during a conversation on Wednesday, conveyed his concerns, leading to the dismissal of the remaining jurors.
The former movie mogul, Harvey Weinstein, faces accusations of sexual assault against three women that allegedly occurred over a decade ago in New York City. The mistrial declaration comes shortly after the jury convicted Weinstein on one count of criminal sex act involving Mimi Haley, while acquitting him of another count involving Kaja Sokola. The third count pertains to an alleged assault on aspiring actress Jessica Mann in 2013. All three women have bravely come forward and provided testimony during the trial.
Judge Farber revealed that he spoke with the remaining jurors, who expressed disappointment at not being able to reach a verdict on the third count. They described their deliberations as typical and did not witness any sort of discord or threats as claimed by the foreman. "They were extremely disappointed that deliberations ended before they reached a verdict," Farber noted. The judge further stated that the remaining jurors felt they were engaged in a normal discourse and could not comprehend why the foreperson had withdrawn.
The Manhattan District Attorney's Office has indicated its readiness to retry Weinstein on the rape count. Weinstein's attorney, Arthur Aidala, announced plans to appeal the recent conviction from the retrial, asserting that there was significant juror misconduct. "We have very powerful evidence that there was gross juror misconduct at this trial," Aidala declared to reporters outside the courthouse. He emphasized that the situation was unprecedented, citing the foreman's intimidation as a serious concern regarding the integrity of the verdicts.
Aidala further alleged that jurors were discussing evidence that was not admitted during the trial, including conversations about Weinstein’s past. During a closed-door session, the foreperson informed the judge that jurors had begun discussing matters outside the scope of the trial. The judge reminded the entire jury to focus solely on the evidence presented and to maintain civility.
Weinstein is currently being retried for the sexual assaults involving Haley and Mann after his previous conviction was overturned on appeal. He is also facing charges related to the assault of Sokola, who was not included in the initial trial. Prosecutors argue that Weinstein exploited his power in Hollywood for over 30 years, while the defense contends that the women were not coerced and sought to benefit from his connections. Weinstein, aged 73, has pleaded not guilty, asserting that all sexual encounters were consensual and did not take the stand during the trial.
The recent split verdict and the mistrial on the third count followed reports of discord among the jurors during deliberations. Early Wednesday, the jury foreperson communicated to Judge Farber that he could not return to the jury room due to the hostile environment. In a closed discussion with the judge, the foreperson described the jurors as "attacking one another" and expressing discomfort with the deliberation atmosphere.
Jessica Mann publicly stated, "I laid bare my trauma and stood up and told the truth. Again and again. I would never lie about rape or use something so traumatic to hurt someone." This statement underscores the emotional gravity of the trial and the experiences of the women involved.
New York's highest court overturned Weinstein's initial 2020 conviction last year, determining that the trial judge had erroneously allowed testimony regarding prior alleged sexual acts that were unrelated to the current charges. Additionally, Weinstein is appealing a 2022 conviction for sex offenses in Los Angeles, for which he was sentenced to 16 years in prison. Aidala expressed confidence in the success of this appeal, stating, "We are very confident that that appeal will be successful." This case remains a developing story, and updates will continue to emerge as the legal proceedings advance.
