Full Breakdown
Harvey Weinstein's Third New York Rape Trial Ends in Mistrial
5/17/2026, 11:00:03 AM
Core Event: Mistrial Declared in Jessica Mann Rape Charge
On May 15 2026, New York Supreme Court Justice Curtis Farber entered a mistrial after a twelve-person jury failed to reach a unanimous verdict on the third-degree rape charge against Harvey Weinstein involving Jessica Mann. The panel submitted two notes stating it could not decide, prompting the judge to issue an Allen charge and then declare the trial deadlocked.
Background & Context: From 2020 Conviction to 2024 Overturn
Weinstein was first convicted in 2020 of raping Mann and sexually assaulting Miriam Haley. The New York Court of Appeals reversed that verdict in 2024, ruling that prosecutors improperly introduced testimony from other women unrelated to the specific charges. A 2025 retrial resulted in a conviction for a criminal sexual act against Haley, while jurors remained divided on Mann’s rape allegation, leading to the present third trial.
Key Figures & Groups
- Harvey Weinstein – 74-year-old former Miramax co-founder, currently incarcerated at Rikers Island.
- Jessica Mann – 40-year-old aspiring actress and hairstylist, the complainant in the 2013 hotel-room rape allegation.
- Alvin Bragg – Manhattan District Attorney overseeing the prosecution.
- Marc Agnifilo – Lead defense attorney for Weinstein.
- Miriam Haley – Former “Project Runway” production assistant convicted of a sexual act by Weinstein in 2025.
- Evgeniya Chernyshova – Italian model and actor convicted with Weinstein in California (2022).
- Jurors Josh Hadar and Sarae Perez – Members of the deadlocked jury who publicly commented on Mann’s testimony.
Timeline of Legal Proceedings
- 2013 – Alleged rape of Jessica Mann in a Manhattan hotel.
- 2017 – Weinstein’s public downfall amid #MeToo accusations.
- 2020 – Conviction for rape (Mann) and sexual assault (Haley).
- 2024 – Conviction overturned by appellate court.
- 2025 – Retrial convicts Weinstein of a sexual act against Haley; jury deadlocks on Mann’s charge.
- May 15 2026 – Third trial ends in mistrial.
- June 24 2026 – Scheduled hearing for prosecutors to decide on a fourth trial.
Data & Statistics
- Jury composition: seven men and five women.
- Reported vote split: nine jurors for acquittal, three for conviction (not officially confirmed).
- Mann testified for five days; the trial lasted nearly three weeks.
- Weinstein serves a 16-year California sentence and faces up to 25 years for the Haley conviction.
Official Statements & Responses
District Attorney Bragg expressed disappointment, affirmed respect for the jury system, thanked jurors, and announced consultation with Mann before a late-June decision on a possible fourth trial. Defense attorney Agnifilo described the outcome as a favorable development for the jury system and a strategic step toward future appeals. The judge’s Allen charge urged continued deliberation before the mistrial was entered.
Criticism & Opposition
Weinstein’s defense argued that Mann’s testimony contained inconsistencies and that the age-gap relationship was consensual. Jurors cited gaps in her recollection, and legal commentators warned that repeated hung juries risk eroding public confidence in prosecuting high-profile sexual-assault cases.
On-the-Ground Reports
Mann released a statement asserting that the mistrial does not diminish the truth of her testimony and highlighted her perseverance through three trials. Juror Josh Hadar noted Mann’s “incredible memory” but observed she “forgot a lot of things” under cross-examination. Juror Sarae Perez said the panel could not trust the accuser’s word in certain areas.
Conflicting Reports & Gaps
Sources differ on the exact jury vote count; some cite a 9-3 split while others refrain from confirming numbers. Jury composition is described generically as “majority-male” in some reports and precisely as seven men and five women in others. The judge’s initial Allen charge was later deemed coercive, yet the precise language of the subsequent instruction is not uniformly reported.
Why It Matters / Impact
The case remains a focal point of the #MeToo movement, shaping how prosecutors handle sexual-assault evidence, influencing corporate harassment policies, and informing law-school curricula on trial strategy and evidentiary standards. Repeated mistrials underscore the challenges of securing convictions when credibility and memory are central evidentiary issues.
Verbatim Quotes
- “While we are disappointed that the proceedings ended with a mistrial, we deeply respect the jury system and sincerely thank all of the jurors for their time and dedication,” — Alvin Bragg, Manhattan District Attorney
- “Outside the Manhattan courthouse, lead defence attorney Marc Agnifilo praised the outcome, calling it a great day for the jury system.” — Marc Agnifilo, defense attorney
- “A juror, Josh Hadar, said Mann had an “incredible memory” when she testified for the prosecution but “forgot a lot of things” when questioned by defense attorneys.” — Juror Josh Hadar
What’s Next
Prosecutors will meet on June 24 to decide whether to pursue a fourth trial on the Mann rape charge. Weinstein remains incarcerated at Rikers Island pending sentencing on the Haley conviction and ongoing appeals of his California conviction.
