Full Breakdown
Harvey Weinstein's Third New York Rape Trial Ends in Mistrial
5/17/2026, 4:03:55 AM
Mistrial Declared After Deadlocked Jury
A Manhattan jury could not reach a unanimous verdict on the third-degree rape charge accusing Harvey Weinstein of assaulting aspiring actress Jessica Mann in a Manhattan hotel in March 2013. Judge Curtis Farber declared a mistrial, describing the panel as “hopelessly deadlocked” and stating, “I see no reason to go any further.” He gave prosecutors 30 days to decide whether to pursue a fourth trial on the same count.
Background & Context
Weinstein, co-founder of Miramax and Oscar-winning producer, has been incarcerated since a 2020 conviction for rape and sexual assault. A 2024 New York Court of Appeals overturned that conviction for procedural errors, leading to a 2025 retrial that convicted him of a first-degree criminal sexual act against Miriam Haley and deadlocked on Mann’s rape charge. The current proceeding, the third attempt to try Mann’s allegation, began in April 2026 and concluded with the mistrial on May 15. A hearing on the district attorney’s next step is scheduled for late June.
Official Statements & Responses
Manhattan District Attorney Alvin Bragg expressed disappointment and said his office would discuss next steps with Ms. Mann. Judge Farber thanked the jurors before dismissing them. Defense attorney Marc Agnifilo called the outcome “a great day for our jury system” and urged prosecutors to stop retrying the case.
Criticism & Opposition
Former prosecutor Alan Jackson warned that a fourth trial would be “tyrannical” and “abusive.” Defense lawyers argue that public prejudice makes a not-guilty verdict “emotionally impossible” for some jurors, suggesting reasonable-doubt concerns persist.
On-the-Ground Reports
Juror Josh Hadar noted Mann’s “incredible memory” but also “forgot a lot” during cross-examination; he reported a 9-3 split favoring acquittal. Juror Sarae Perez said the standard required proof beyond a reasonable doubt. Mann’s post-mistrial statement asserted the result “doesn’t in any way detract from the truth I told.”
Conflicting Reports & Gaps
Sources differ on the precise jury vote, with some citing a 9-3 split while official filings have not released numbers. No physical evidence was presented, leaving the case dependent on testimonial credibility.
Verbatim Quotes
- “We will consider our next steps in consultation with Ms. Mann,” — Alvin Bragg, Manhattan District Attorney
- “I see no reason to go any further.” — Curtis Farber, Judge
- “When you can’t win in three trials, a fourth becomes tyrannical,” — Alan Jackson, former prosecutor
- “For some people, regardless of the evidence presented, saying ‘not guilty’ has become emotionally or socially impossible,” — Marc Agnifilo, defense attorney
What’s Next
A June 24-25 hearing will decide whether prosecutors file a fourth trial. Weinstein remains incarcerated for his California conviction and the pending sentencing on the Haley assault.
