A Manhattan judge declared a mistrial on Thursday in the rape case brought against Harvey Weinstein by former actress Jessica Mann, citing dysfunction within the jury as the primary reason for the decision. The ruling comes after days of tumultuous jury deliberations in Weinstein’s retrial for sexual assault involving three women.
On Wednesday, the jury reached a verdict regarding two of the charges against Weinstein; while he was found guilty of sexually assaulting former TV production assistant Miriam Haley, he was acquitted in relation to Polish model Kaja Sokola’s accusations.
Weinstein’s attorney, Arthur Aidala, indicated plans to appeal the conviction, citing “gross juror misconduct” as a significant concern, particularly following an incident where the jury foreman stated he had been threatened during a heated argument with another juror. This escalated to the foreman expressing fears of further confrontations if he returned to the jury room.
The decision to call a mistrial has left prosecutors with the option to retry Mann’s charges. Mann has previously testified against Weinstein in his 2020 trial and affirmed her determination to continue seeking justice. In a statement released on Thursday, she asserted, “I will never give up on myself and making sure my voice – and the truth – is heard. Today is not the end of my fight.”
Assistant District Attorney Nicole Blumberg reiterated the prosecution’s readiness to proceed with the case, indicating that they would rather pursue a retrial than drop Mann’s allegations. District Attorney Alvin Bragg emphasized the importance of justice for all survivors, asserting, “It’s about the survivors. The jury was not able to reach a conclusion as to Jessica Mann, and she deserves that.”
Weinstein has already been convicted of a criminal sex act against Haley, which carries a maximum sentence of 25 years in prison, whereas he faced third-degree rape charges concerning Mann, punishable by up to four years.
The turmoil leading to the mistrial included frequent requests from the jury foreman to speak privately with the judge and attorneys, indicating significant stress within the jury. On Wednesday, he described tense moments, including threats made against him by another juror.
Aidala sought a mistrial after the foreman’s claims, stating, “The foreman was the victim of a crime, and the judge should call 911.” On Thursday, Judge Curtis Farber asked the foreman if he was willing to continue deliberations. The foreman’s response was a firm, “No, I’m sorry.”
Following the announcement of the mistrial, discussions among jurors revealed varying perspectives on the deliberation struggles. Some jurors blamed the foreman for not being committed to the process, suggesting he had been looking for an exit from the jury duty.
Juror Chantan Holmes-Claborn asserted that the foreman’s behavior had contributed to the impasse, stating, “He wasn’t willing to work. Everything he did was sneaky,” while another juror corroborated that the foreman expressed he would not be open to change his mind.
As tensions grew, juror no. 7 described the deliberation environment, attributed to “cabin fever,” but noted the foreman’s keen observations regarding the case. Some jurors felt that the climate was emotionally charged but were nevertheless making progress regarding Mann’s allegations before the tensions escalated.
Weinstein is currently facing severe penalties for his confirmed assaults, having already received a significant prison sentence following his conviction in a 2022 Los Angeles trial. While the appeals process for his New York conviction is set to unfold, it will not prevent him from serving his sentence.
The ongoing cases illustrate the complexities and challenges surrounding sexual assault trials, particularly as they pertain to juror dynamics and the psychological toll on all involved parties. As the legal proceedings continue, both the prosecution and Mann remain dedicated to ensuring that justice is pursued thoroughly against Weinstein.
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