Harvey Weinstein’s third rape trial ends in chaos after jurors fail to agree

Harvey Weinstein trial

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ABC

Lydia Davies

By Lydia Davies


Published: 15/05/2026

- 20:06

An aspiring actress accused the film producer of forcing himself on her in a Manhattan hotel room

Harvey Weinstein's third rape trial ended without a verdict today after jurors told Judge Curtis Farber they could not agree on whether the former film producer sexually assaulted Jessica Mann.

The panel of seven men and five women deliberated for roughly nine hours across two days before declaring themselves deadlocked on the single third-degree rape charge against the 74-year-old.


Judge Farber formally declared a mistrial at approximately 1.10 pm, telling the court: "I see no reason to go any further."

A further hearing has been scheduled for June 24 to determine whether Manhattan prosecutors will seek a fourth trial against Weinstein.

Harvey Weinstein

Harvey Weinstein was found guilty of two of five felony counts in 2020

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GETTY

Jessica Mann, a hairstylist and former aspiring actress now aged 40, alleged Weinstein attacked her at a DoubleTree hotel in Midtown Manhattan in March 2013.

During her third appearance giving evidence against the former Miramax co-founder, she tearfully told jurors Weinstein held her down on a bed and forced himself on her.

"He just treated me like he owned me," Ms Mann told the court, claiming the former film producer restrained both her wrists above her head during the alleged assault.

She said she repeatedly begged him to stop.

Harvey Weinstein

Harvey Weinstein spent decades as one of the most powerful figures in the film industry

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GETTY

Weinstein's defence team, led by Marc Agnifilo and Teny Geragos, argued any sexual contact between their client and Ms Mann was consensual.

Jurors began deliberating on Wednesday following the three-week retrial.

Shortly before 11.30am on Friday, the jury informed the judge they had reached an impasse.

Judge Farber responded by delivering an Allen charge, sometimes known as a "dynamite charge", urging jurors to continue discussions and reminding them reaching a verdict "wasn't meant to be easy".

Harvey Weinstein

Harvey Weinstein's third rape trial ended without a verdict

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GETTY

Around an hour later, the panel sent a second note stating: "We feel that no one will change where they stand."

Defence lawyer Agnifilo immediately requested a mistrial, whilst prosecutor Nicole Blumberg argued deliberations should continue.

Weinstein was originally convicted in New York in 2020 of third-degree rape involving Ms Mann.

However, the conviction was overturned after New York's highest court ruled in a 4-3 decision the original trial judge had improperly allowed testimony from women whose allegations were not directly related to the charges being considered.

Harvey Weinstein

The film producer is already serving a 16-year prison sentence

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PA

At the 2025 retrial, Weinstein was convicted of sexually assaulting former production assistant Miriam Haley, a charge carrying a maximum sentence of 25 years in prison, whilst jurors acquitted him over allegations involving former model Kaja Sokola.

Weinstein is already serving a 16-year prison sentence in California following his 2022 conviction for raping and sexually assaulting Italian model and actress Evgeniya Chernyshova.