A retrial against Harvey Weinstein on a rape charge concluded in a mistrial after the jury foreperson declined to return to the jury room, citing threats from fellow jurors. The development throws the case into further uncertainty after years of legal battles.

The 12-person jury had previously found Weinstein guilty of a criminal sexual act against Miriam Haley, a former Project Runway assistant, but acquitted him on another similar charge involving kaja Sokola, a former model.

Prosecutors have indicated their intention to retry Weinstein on the rape charge involving jessica Mann, an aspiring actress. “She is ready and willing and wants to retry this count,” prosecutors stated, with a hearing scheduled for July 2.

Details of the Charges and Jury Deliberations

Weinstein faced one count of rape in the third degree, carrying a maximum sentence of four years, and two counts of a criminal sexual act in the frist degree, which carries a maximum prison sentence of 25 years.

Jurors were unable to reach a unanimous verdict on the third-degree rape charge. Deliberations were marked by tension,with jurors sent home midday on Wednesday due to reported fighting and discord after five days of discussions.

“I feel afraid inside there. I can’t be inside there.”

The jury foreperson communicated his unease to Judge Curtis Farber, stating, “I feel afraid inside there. I can’t be inside there.” He alleged that othre jurors attempted to coerce him into changing his vote, and when he refused, they made threatening remarks, causing him to fear for his safety.

When asked on Thursday if he would return to the jury room, the foreperson responded, “No, I’m sorry.”

Judge Farber spoke with the remaining jurors after the mistrial was declared and reported that “they were extremely disappointed” that deliberations had been cut short and that “They don’t understand why the foreperson bowed out.”

Weinstein’s Plea for a Mistrial

Amid the escalating tensions, Weinstein himself addressed the court on Wednesday, requesting a mistrial, which was initially denied. “This is not right for me, the person who is on trial here,” Weinstein stated. “this is my life that’s on the line, and you know what? Its not fair. It’s simple. It’s just not fair.”

The foreperson had previously raised concerns about jurors considering elements from Weinstein’s past that were not presented as evidence. Another juror had also requested to be excused, citing concerns about the fairness of the process.

Arthur Aidala, Weinstein’s attorney, commented on the situation, stating, “If you’re a deliberating juror you have to be punched in the face in order for it to rise to the level of a real threat,” while urging the judge to call for mistrial before the juror entered. “It’s insane in the membrane, insane on the brain.”

Background of the Case

The mistrial follows the overturning of Weinstein’s 2020 conviction for rape and criminal sexual assault in April 2024. The appeals court cited prejudicial rulings, including allowing women to testify about allegations not directly related to the case.

In the 2020 trial, Weinstein received a mixed verdict, being found guilty of crimes against Miriam Haley and Jessica Mann but acquitted of first-degree rape and predatory sexual assault related to other women. Manhattan District Attorney Alvin Bragg pursued the retrial shortly after the conviction was overturned.

During the recent trial, Jessica Mann testified about an alleged incident in March 2013, where Weinstein allegedly forced himself on her in a Manhattan hotel room after inviting her up under the pretense of discussing a script.

“I just thought it would take the pain away,” Mann said on the stand, referring to her decision to engage in a relationship with Weinstein after the alleged assault.