Harvey Weinstein Rape Retrial Ends in Mistrial After Jury Deadlocks 9-3 for Acquittal

A judge declared a mistrial in Harvey Weinstein's rape retrial on May 15, 2026, in New York after jurors told the court they could not reach a unanimous verdict on the lone charge of third-degree rape. The jury sent its first note on the third day of deliberations stating it was deadlocked.

After more than an hour of additional discussion, jurors sent a second note declaring that no one was going to change their position.

Judge Curtis Farber ruled the panel hopelessly deadlocked and ended deliberations. He scheduled a hearing for both sides on June 25. Nine jurors voted to acquit and three voted to convict on the third-degree rape charge, juror Josh Hadar, 57, told reporters outside court.

Hadar said he voted not guilty because of contradictions in Jessica Mann's testimony. Manhattan District Attorney Alvin Bragg said his office was disappointed but respected the jury system. "For nearly a decade, Jessica Mann has fought for justice.

Over the course of many weeks during three separate trials, she relived unthinkably painful experiences in front of complete strangers," Bragg stated. He added that prosecutors would consult with Mann before deciding their next steps. Defense lawyer Marc Agnifilo said he would encourage prosecutors to drop the case.

"In my view they were lucky to have won over three jurors," Agnifilo told reporters. " Weinstein, 74, had pleaded not guilty to the charge. The alleged rape of Mann, now 40, occurred in a Manhattan hotel room in 2013.

Mann met Weinstein at a Los Angeles party in early 2013. She filed a police report after seeing 2017 news reports about him. She later received about $500,000 from a sexual misconduct settlement fund established after his company's bankruptcy.

This was the third time a New York jury has considered the rape allegation against the Miramax studio co-founder. Weinstein was convicted in his first New York trial in 2020 of raping Mann and assaulting Miriam Haley. New York's highest court overturned that conviction and 23-year sentence.

In June 2025, a Manhattan jury convicted Weinstein of sexually abusing Haley but acquitted him of assaulting Kaja Sokola. The same jury deadlocked on the third-degree rape charge involving Mann, leading to the retrial that began in April 2026. Weinstein was convicted of rape in California in 2022 and is serving a 16-year prison sentence there.

He will face up to 25 years in prison when sentenced for abusing Haley in the 2025 New York case. He remains behind bars. Sexual misconduct allegations against Weinstein became public in 2017. The revelations helped galvanize a wider movement encouraging women to come forward with accounts of sexual abuse by powerful men.

Weinstein has denied assaulting anyone or having non-consensual sex. His lawyers have argued that Mann fabricated the rape allegation after a consensual relationship failed to advance her acting career.