Harvey Weinstein judge declares mistrial on rape charge, third sex crimes trial planned

The judge overseeing Harvey Weinstein's criminal case in Manhattan declared a mistrial on a rape charge on Thursday, one day after the former Hollywood movie mogul was convicted on a felony sex abuse charge.

Justice Curtis Farber ended the trial after the jury foreman refused to continue deliberations after days of reported dissension among jurors that at times was aired in the courtroom.

Prosecutors plan to try Weinstein a third time on the charge of third-degree rape over his alleged mistreatment of the aspiring actress Jessica Mann in 2013. Farber said the case will proceed to trial, and set a hearing for July 2.

The jury on Wednesday convicted Weinstein on a separate charge of first-degree criminal sexual act over his alleged assault of former production assistant Miriam Haley in 2006.

Jurors acquitted him of the same charge over his alleged assault of aspiring actress Kaja Sokola in 2002.

Weinstein, 73, had pleaded not guilty to all three criminal counts, and has denied assaulting anyone or having non-consensual sex.

He plans to appeal his conviction, which carries a maximum prison term of 25 years.

His lawyer Arthur Aidala told reporters outside the courthouse that “we have very powerful evidence of gross jury misconduct at the trial”, including that they improperly considered outside evidence concerning Weinstein's conduct.

Weinstein is separately appealing a 2022 rape conviction in California, for which he was sentenced to 16 years in prison.

He has had many health problems, and attended the Manhattan trial in a wheelchair.

Because of the California conviction, Weinstein has been in custody in the months leading up to the Manhattan trial at the notorious Rikers Island jail and in a Manhattan hospital. The trial began on April 23.

Weinstein cofounded the Miramax studio, whose hit movies included Academy Award winners as Shakespeare in Love and Pulp Fiction.

Weinstein's downfall began in 2017 and helped spark the #MeToo movement which encouraged women to come forward with allegations of sexual misconduct by powerful men.

A different jury in the Manhattan court found Weinstein guilty in 2020 of raping Mann and sexually assaulting Haley, but New York state's highest court overturned the conviction last year.

More than 100 women have accused Weinstein of misconduct.

Thursday's mistrial came one day after the jury foreman told Farber other jurors were shouting at and threatening him for refusing to change his vote on the rape count.

The foreman did not indicate publicly how he planned to vote, and Farber sent jurors home to cool off.

The prosecution told the 12 jurors in closing arguments on June 3 the evidence showed how Weinstein used his power and influence to trap and abuse women.

The defence countered the accusers lied in the witness box out of spite after their consensual sexual encounters with the Oscar-winning producer failed to result in Hollywood stardom.

Weinstein's eponymous film studio filed for bankruptcy in March 2018, five months after sexual misconduct accusations against him were widely publicised.

Reuters