Harvey Weinstein faced a third New York sex crimes trial on a single count of rape in the third degree, a charge brought by accuser Jessica Mann [1][2]. The case reached trial after New York's Court of Appeals vacated Weinstein's 2020 Manhattan conviction in April 2024, ruling that the trial court had improperly admitted testimony from prior bad act witnesses [2][3]. A second trial in 2025 also ended in a hung jury on the Mann charge, making this proceeding the second consecutive retrial on that count [1][3].
The jury deliberated and again failed to reach a unanimous verdict, splitting nine votes for acquittal to three for conviction [1]. Judge Curtis Farber declared a mistrial on May 15, 2026 [1][2]. Defense counsel Marc Agnifilo had contested the charge throughout, with the defense relying in part on post-assault communications between Weinstein and Mann that Agnifilo argued undercut the prosecution's account of the encounter [3]. Prosecutors, represented by the Manhattan District Attorney's office, maintained that the communications were consistent with patterns common in coercive relationships [3].
Because the proceeding ended in a mistrial rather than an acquittal, double jeopardy does not bar a fourth trial [1]. The Manhattan District Attorney's office has 30 days from the mistrial declaration to decide whether to pursue another prosecution [1][3]. Weinstein, now in his early seventies, remains incarcerated on a separate 2023 Los Angeles conviction, though that matter is also subject to ongoing appellate proceedings [2][3]. The DA's office has not publicly announced its charging decision as of the verdict date.