Juror Walkout Triggers Mistrial in Weinstein Rape Case

Harvey Weinstein at the César Awards ceremony in Paris in February 2014. Photo by Georges Biard under CC BY-SA 3.0.

The courtroom had already seen days of tension, but no one expected it to unravel this way. According to NBC News, on the sixth day of deliberations in Harvey Weinstein's sex crimes retrial, the jury foreperson simply said, "No, sorry," when asked if he would return to the room.

That one refusal brought a high-profile rape charge to a standstill — and opened the door for another trial.

A Fractured Jury

The trial, held in Manhattan, was part of a retrial following the overturning of Weinstein's 2020 conviction. While jurors convicted the former Hollywood producer of sexually assaulting one woman and acquitted him on another charge, they deadlocked on the third — a rape accusation from actress Jessica Mann.

That deadlock turned to mistrial on Thursday when the jury foreperson declined to continue deliberations, citing fear of other jurors. He claimed he had been shouted at and threatened, allegedly told, "You know me; you going to see me outside," according to NBC News.

Two other jurors later disputed the foreperson's account, saying deliberations were heated but respectful. One juror, Chantan Holmes, expressed disappointment in the outcome, saying, "We all felt bad. Because we really wanted to do this. We put our hearts and souls in here," according to the Associated Press.

The Charge at Issue

The unresolved count involved a rape allegation from Jessica Mann, who testified that Weinstein assaulted her in 2013 during what she described as a turbulent, years-long relationship. Mann had testified in Weinstein's original 2020 trial and vowed on Thursday to continue cooperating with the prosecution.

"I will never give up on myself and making sure my voice — and the truth — is heard," Mann said in a statement, adding she was "ready, willing, and able" to testify again, according to NBC News.

What Comes Next

Prosecutors say they're prepared for a third New York trial. "We are ready to go forward to trial again on that charge," said Manhattan District Attorney Alvin Bragg, according to NBC News.

Weinstein's attorney, Arthur Aidala, criticized the juror dynamics, saying, "What happened in that jury room was absolutely improper," according to the Associated Press.

He also said, "Of course, Mr. Weinstein is disappointed. He has maintained his innocence from the day I met him in 2019," according to NBC News.

Weinstein, now 73 and wheelchair-bound, has been incarcerated since his 2020 conviction. He is also serving a separate 16-year sentence from a California conviction. If the retrial in New York proceeds, it would mark his third prosecution in the state.

A Tumultuous Path for Justice

Weinstein's initial conviction had been seen as a landmark moment for the #MeToo movement. But in April 2024, New York's highest court overturned that ruling, saying the judge improperly allowed testimony from women whose allegations weren't part of the charges — a decision that sparked both celebration and frustration from legal experts and survivors alike.

Now, the case is once again back in flux.

As Weinstein awaits his July 2 hearing to discuss retrial and sentencing, the legal fight continues. Prosecutors remain adamant that they'll keep pursuing justice. His defense team, meanwhile, argues he's already endured enough.

Where this case goes next may ultimately depend on whether a new jury can do what this one couldn't — reach a unanimous decision.

References: Weinstein case judge declares mistrial on remaining rape charge as jury foreperson won't deliberate | Mistrial declared on rape charge in Weinstein case after juror won't return to jury room | Harvey Weinstein trial ends in mistrial on final rape charge after jury foreman refuses to deliberate