Weinstein case judge declares mistrial on remaining rape charge amid jury issues
The judge in Harvey Weinstein's sex assaults trial declared a mistrial on the remaining rape charge after the jury foreperson said he would not continue deliberating.
Deliberations ended on Thursday, a day after the jury delivered a partial verdict in Weinstein's sex crimes retrial.
The jury foreperson said he would not continue deliberating after claiming he was bullied by another juror (Elizabeth Williams via AP)
The jury got stuck on a third charge – a rape accusation dating to 2013.
The foreperson complained on Wednesday that he felt bullied by another juror and said on Thursday he would not go back into the jury room.
The panel convicted the former studio boss of one charge but acquitted him of another. Both of those charges concerned accusations of forcing oral sex on women in 2006. Those verdicts still stand.
The jury of seven women and five men unanimously reached those decisions last Friday, the foreperson later told the judge.
The verdict was delivered on Wednesday only because Judge Curtis Farber asked whether there was agreement on any of the charges.
The third charge was a rape accusation involving a woman who also said she had a consensual relationship with the Oscar-winning producer.
Under New York law, the third-degree rape charge carries a lesser penalty than the other two counts.
Weinstein denies all the charges.
In an unusual exchange with the judge, Harvey Weinstein told him the judge was 'endangering' him, saying 'I can't be judged by a situation that's going on like this' (Elizabeth Williams via AP)
In an unusual exchange with the judge during some legal arguments before the partial verdict was disclosed on Wednesday, Weinstein insisted it was unfair to continue the trial after two jurors came forward with concerns about the proceedings.
'I can't be judged by a situation that's going on like this,' said Weinstein, 73, claiming the judge was 'endangering' him.
Jury-room strains started leaking into public view on Friday when a juror asked to be excused because he felt another was being treated unfairly.
Then on Monday, the foreperson complained that other jurors were pushing people to change their minds and talking about information beyond the charges.
The man raised concerns again on Wednesday.
In a closed-door discussion with prosecutors, defence lawyers and the judge, the foreperson said another juror was yelling at him for sticking to his opinion and at one point vowed, 'You going to see me outside.'
'I feel afraid inside there,' the foreperson told the judge and lawyers, according to a transcript.
Weinstein's initial conviction five years ago seemed to cement the downfall of one of Hollywood's most powerful men in a pivotal moment for the #MeToo movement against sexual misconduct.
Harvey Weinstein was convicted of one charge, was acquitted of another and a mistrial ruled on the third (Jefferson Siegel /The New York Times via AP, Pool)
But that conviction was overturned last year and the case was sent back for retrial in the same Manhattan courthouse.
Weinstein's accusers said he exploited his Tinseltown influence to dangle career help, get them alone and then trap and force them into sexual encounters.
His defence portrayed his accusers as Hollywood wannabes and hangers-on who willingly hooked up with him to court opportunity, then later said they were victimised to collect settlement funds and #MeToo approbation.
Miriam Haley, the producer and production assistant whom Weinstein was convicted – twice, now – of sexually assaulting, said outside court on Wednesday that the new verdict 'gives me hope'.
Accuser Kaja Sokola also called it 'a big win for everyone,' even though Weinstein was acquitted of forcibly performing oral sex on her when she was a 19-year-old fashion model.
Her allegation was added to the case after the retrial was ordered.
Weinstein also was convicted of raping another woman in California. He is appealing that conviction.
The Associated Press generally does not name people who say they have been sexually assaulted, unless they agree to be identified. Ms Haley and Ms Sokola did so.
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