Judge Declares Mistrial in Harvey Weinstein Rape Retrial After Jury Deadlocks

A judge declared a mistrial in Harvey Weinstein’s rape retrial on May 15, 2026, in Manhattan criminal court after the jury said it was deadlocked. The jury had deliberated for three days on the single count of third-degree rape. Jurors first sent a note stating they “have concluded that they cannot reach” a unanimous verdict, according to court records.

Judge Curtis Farber instructed the jury to continue deliberating. One juror, Josh Hadar, told reporters afterward that nine jurors wanted to acquit Weinstein and three wanted to convict him. Weinstein, 74, appeared expressionless as court officers ushered him out in a wheelchair.

Jessica Mann, 40, was not in court when the mistrial was declared. The charge concerned an encounter at a Manhattan hotel in March 2013. Mann testified over five days during the nearly three-week trial. She told jurors she had willingly engaged in some sexual encounters with Weinstein but said he subjected her to unwanted sex after she repeatedly said no.

“I said ‘no,’ over and over, and I tried to leave,” Mann testified.

Weinstein did not testify. His defense maintained the encounter was consensual as part of a years-long relationship in which Mann continued to seek his professional and personal support. Weinstein has said he “acted wrongly” but never assaulted anyone.

Mann received about $500,000 from a sexual misconduct settlement fund established after Weinstein’s company bankruptcy. The Associated Press generally does not identify people who say they have been sexually assaulted, but Mann agreed to be named.

This marked the third time a New York jury has considered the allegation against Weinstein. An appeals court overturned his 2020 New York conviction, which had included charges involving Mann and another accuser. Jury deliberations broke down at a 2025 retrial on Mann’s allegation, leading to the current proceedings.

Weinstein has been convicted of sex crimes in both New York and California and remains behind bars. A hearing was scheduled for June 24, 2026, to determine whether prosecutors will seek a fourth trial. Manhattan District Attorney Alvin Bragg added that his office would consult Mann before deciding on any retrial and would also consider Weinstein’s pending sentencing in another case.