Weinstein case judge declares mistrial on remaining rape charge amid jury issues
The outcome positions the former studio boss for a third New York trial — prosecutors said they're ready to retry the rape count — even as he faces a new sentencing on his sexual assault conviction.
Weinstein, 73, denies all the charges and had complained to the judge before Wednesday's partial verdict that it was unfair to continue amid jury tensions.
He had a blank, drained expression as court officers escorted him out on Thursday in the wheelchair he uses due to various health problems.
He has been behind bars since his initial conviction in 2020 and he was later sentenced to prison in a separate California case, which he's appealing.
He's due back in court on July 2 for discussion of retrial and sentencing dates.
His first-degree criminal sex act conviction carries the potential for up to 25 years in prison, while the unresolved third-degree rape charge is punishable by up to four years — less than he already has served.
In Wednesday's partial verdict, Weinstein was convicted of one charge but acquitted of another. Both of those charges concerned accusations of forcing oral sex on women in 2006. Those verdicts still stand.
While the jury of seven women and five men was unanimous on those decisions, it got stuck on the rape charge involving another woman, Jessica Mann, who also said she had a consensual sexual relationship with Weinstein.
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, telling the judge he felt afraid in the jury room because another juror was yelling at him for sticking to his opinion and at one point suggested the foreperson would 'see me outside'.
When Judge Curtis Farber asked the foreperson whether he was willing to return to deliberations, the man said no. And with that, Mr Farber declared a mistrial on the rape count.
Mr Farber said he later spoke to the other 11 jurors, and 'they were extremely disappointed' by the outcome.
'They all thought they were involved in a normal discourse, and they don't understand why the foreperson bowed out,' Mr Farber told Weinstein and the lawyers in court.
Ms Mann, a hairstylist and actor, gave evidence for days — as she did in 2020 — about the rape she said she endured in a Manhattan hotel room and about why she continued to see and have consensual encounters with Weinstein afterward.
She is ready to return to the witness stand a third time, prosecutor Nicole Blumberg said.
In a statement on Wednesday, Ms Mann said that coming forward 'cost me everything', including privacy.
'Still, I stood up and told the truth. Again and again,' she said.
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.
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.
The Associated Press generally does not name people who say they have been sexually assaulted, unless they agree to be identified. Ms Haley, Ms Mann and Ms Sokola did so.
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Telegraph
2 hours ago
- Telegraph
How ‘12 Angry Men' caused Weinstein mistrial
All eyes may have been on Harvey Weinstein as he awaited his fate on the 13th floor of Manhattan criminal court but it was even tenser behind the scenes. The disgraced movie mogul, who was found guilty of one count of sexual assault on Wednesday but cleared of a second, had an outstanding rape charge collapse on Thursday as tensions in his jury reached breaking point. There had been rumblings of discontent: reports of shouting, bullying – one juror is even said to have challenged another to a physical fight. Judge Curtis Farber tried in vain to keep proceedings on track, insisting these were nothing more than the 'normal tensions' which occur during the course of a trial, particularly one as high-profile as this. Nobody can be quite sure what happened behind the closed doors of the jury room, except for the 12 members of the jury. But on Thursday, the foreman headed into court and refused to return to the deliberations. For Weinstein, a fallen Hollywood titan, the drama could have challenged any of the hundreds of films he produced before he was toppled by the MeToo scandal. Addressing the foreman's concerns, Arthur Aidala, acting for Weinstein, claimed he had never heard of a case where a 'grown man who was in good physical shape' was 'so intimidated' that he point-blank refused to go back to the jury room, calling it evidence of 'gross juror misconduct'. The first signs that something was amiss came on Friday, when one of the 12 asked to be removed from the case, aggrieved that a fellow juror was being treated in an 'unfair and unjust' way by others. 'Playground stuff' was happening, with a member of the jury being shunned and spoken about behind their back, he said. Judge Farber, rejecting the defence's request for a mistrial, said: 'This is nothing other than normal tensions during heated deliberations.' Noting the juror who made the request was the youngest of the group, he suggested his age 'makes him uncomfortable with conflict'. 'Jurors attacking each other' When proceedings resumed on Monday, the foreman raised concerns that his peers were aggressively pushing others to change their mind, and straying beyond the specifics of Weinstein's charges. 'I feel like they are attacking, talking together, fighting together. I don't like it,' he said, according to a transcript of his conversation with Judge Faber and legal teams. From there the tensions steadily ramped up, with the disgraced producer addressing the court on Wednesday after a fourth complaint from a juror, pleading: 'This is not right for me… this is my life that's on the line.' The same day, Judge Farber told the court there had been 'some fighting in the jury room' and that at least one juror told another: 'I'll meet you outside one day.' 'It's 12 people who don't know each other and are randomly thrown together, and there are so many variables,' Sabrina Shroff, a veteran New York defence lawyer, told The Telegraph. 'Race is a variable, sexuality is a variable, class is a variable. So you don't really know which one of these things is at play when they're deliberating.' Lone holdouts could often end up feeling 'bullied' by their peers, she said – particularly in a high-profile trial, which breeds suspicions they have one eye on a TV or book deal afterwards. For now, the source of that conflict remains a matter of speculation, but John C Coffee, a professor at Columbia Law School, suggests it could stem from the fact that Weinstein was a major figure felled by the MeToo movement. 'This case falls on one of the leading fault lines in our society,' Prof Coffee said, arguing that society had shifted rightwards since Weinstein was first toppled from his Hollywood perch in 2017. 'Seeing this backsliding may enrage some women, or men who share a feminist view. Both sides may be trodding on the other's sensitivities' in the 'packed-in, sweaty tension' of the jury room, he continued. Bill Cosby, who was convicted of sexual assault before the decision was overturned in 2021, was another MeToo casualty. The first attempt to secure his conviction in 2017 ultimately fell apart when the jury failed to reach a consensus, amid fractious scenes that threatened to spill over into violence. According to ABC News, five sheriff's deputies were stationed outside the door of the jury room, and repeatedly barged in during arguments because they feared a brawl was taking place. One male juror on the case, which was held in Pennsylvania, is said to have become so enraged that he punched a wall. 'I think he broke his pinky knuckle,' an juror who served alongside him said. 'If we kept going, there was definitely going to be a fight.' The tensions were reportedly exacerbated by the fact that jurors were crammed into a room so small they could not stretch their legs – a situation so frustrating that some would spontaneously burst into tears. New York, where the Weinstein case was heard, works hard to keep its jurors fed, watered and content to limit disruptions, according to Ms Shroff. 'They get a snack, an 11am break and a 3pm break, and the court will send cookies or something like that,' she revealed. 'And if they don't, the jurors will send a note to the court saying that last week, yesterday, 'we didn't get cookies'.' After throwing out Weinstein's rape charge, Judge Farber said most of the jurors had denied they were riven by bullying and fighting. 'They all thought they were involved in a normal discourse, and they don't understand why the [foreman] bowed out,' he said. In the end, the jury seems to have been so hopelessly at odds that they could not even agree on how divided they were.
South Wales Guardian
20 hours ago
- South Wales Guardian
Weinstein case judge declares mistrial on remaining rape charge amid jury issues
The outcome positions the former studio boss for a third New York trial — prosecutors said they're ready to retry the rape count — even as he faces a new sentencing on his sexual assault conviction. Weinstein, 73, denies all the charges and had complained to the judge before Wednesday's partial verdict that it was unfair to continue amid jury tensions. He had a blank, drained expression as court officers escorted him out on Thursday in the wheelchair he uses due to various health problems. He has been behind bars since his initial conviction in 2020 and he was later sentenced to prison in a separate California case, which he's appealing. He's due back in court on July 2 for discussion of retrial and sentencing dates. His first-degree criminal sex act conviction carries the potential for up to 25 years in prison, while the unresolved third-degree rape charge is punishable by up to four years — less than he already has served. In Wednesday's partial verdict, Weinstein was convicted of one charge but acquitted of another. Both of those charges concerned accusations of forcing oral sex on women in 2006. Those verdicts still stand. While the jury of seven women and five men was unanimous on those decisions, it got stuck on the rape charge involving another woman, Jessica Mann, who also said she had a consensual sexual relationship with Weinstein. 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, telling the judge he felt afraid in the jury room because another juror was yelling at him for sticking to his opinion and at one point suggested the foreperson would 'see me outside'. When Judge Curtis Farber asked the foreperson whether he was willing to return to deliberations, the man said no. And with that, Mr Farber declared a mistrial on the rape count. Mr Farber said he later spoke to the other 11 jurors, and 'they were extremely disappointed' by the outcome. 'They all thought they were involved in a normal discourse, and they don't understand why the foreperson bowed out,' Mr Farber told Weinstein and the lawyers in court. Ms Mann, a hairstylist and actor, gave evidence for days — as she did in 2020 — about the rape she said she endured in a Manhattan hotel room and about why she continued to see and have consensual encounters with Weinstein afterward. She is ready to return to the witness stand a third time, prosecutor Nicole Blumberg said. In a statement on Wednesday, Ms Mann said that coming forward 'cost me everything', including privacy. 'Still, I stood up and told the truth. Again and again,' she said. 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. 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. The Associated Press generally does not name people who say they have been sexually assaulted, unless they agree to be identified. Ms Haley, Ms Mann and Ms Sokola did so.
North Wales Chronicle
20 hours ago
- North Wales Chronicle
Weinstein case judge declares mistrial on remaining rape charge amid jury issues
The outcome positions the former studio boss for a third New York trial — prosecutors said they're ready to retry the rape count — even as he faces a new sentencing on his sexual assault conviction. Weinstein, 73, denies all the charges and had complained to the judge before Wednesday's partial verdict that it was unfair to continue amid jury tensions. He had a blank, drained expression as court officers escorted him out on Thursday in the wheelchair he uses due to various health problems. He has been behind bars since his initial conviction in 2020 and he was later sentenced to prison in a separate California case, which he's appealing. He's due back in court on July 2 for discussion of retrial and sentencing dates. His first-degree criminal sex act conviction carries the potential for up to 25 years in prison, while the unresolved third-degree rape charge is punishable by up to four years — less than he already has served. In Wednesday's partial verdict, Weinstein was convicted of one charge but acquitted of another. Both of those charges concerned accusations of forcing oral sex on women in 2006. Those verdicts still stand. While the jury of seven women and five men was unanimous on those decisions, it got stuck on the rape charge involving another woman, Jessica Mann, who also said she had a consensual sexual relationship with Weinstein. 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, telling the judge he felt afraid in the jury room because another juror was yelling at him for sticking to his opinion and at one point suggested the foreperson would 'see me outside'. When Judge Curtis Farber asked the foreperson whether he was willing to return to deliberations, the man said no. And with that, Mr Farber declared a mistrial on the rape count. Mr Farber said he later spoke to the other 11 jurors, and 'they were extremely disappointed' by the outcome. 'They all thought they were involved in a normal discourse, and they don't understand why the foreperson bowed out,' Mr Farber told Weinstein and the lawyers in court. Ms Mann, a hairstylist and actor, gave evidence for days — as she did in 2020 — about the rape she said she endured in a Manhattan hotel room and about why she continued to see and have consensual encounters with Weinstein afterward. She is ready to return to the witness stand a third time, prosecutor Nicole Blumberg said. In a statement on Wednesday, Ms Mann said that coming forward 'cost me everything', including privacy. 'Still, I stood up and told the truth. Again and again,' she said. 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. 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. The Associated Press generally does not name people who say they have been sexually assaulted, unless they agree to be identified. Ms Haley, Ms Mann and Ms Sokola did so.
