A Manhattan jury split 9-3 for acquittal in Weinstein's third rape trial, the second hung jury on the Jessica Mann charge. A status hearing is set for June 24.
A Manhattan jury deadlocked 9 to 3 in favor of acquittal on May 15, forcing Judge Curtis Farber to declare a mistrial in Harvey Weinstein's third New York sex-crimes trial, the second hung jury on the same underlying rape charge in less than a year [1]. The jury sent two notes to the court stating that it was hopelessly deadlocked before Farber ended deliberations [2]. The outcome leaves Weinstein, the former Hollywood producer, neither acquitted nor convicted on the charge brought by complaining witness Jessica Mann [3].
The case before Farber in Manhattan Supreme Court represents the retrial of a single rape count that survived after the New York Court of Appeals vacated Weinstein's 2020 conviction on procedural grounds related to the admission of prior-bad-acts testimony [2]. Weinstein's lead counsel, Marc Agnifilo, represented him through this latest proceeding [1]. The Manhattan District Attorney's Office, led by Alvin Bragg, prosecuted the matter and has now twice failed to persuade a unanimous jury on the Mann charge [3].
The 9-to-3 split carries procedural and strategic weight. A majority in favor of acquittal is a materially different posture than a closer deadlock, and it gives Weinstein's defense a concrete data point should the prosecution seek a fourth trial [1]. Bragg said his office would consult with Mann before deciding whether to pursue another prosecution, a statement that signals the decision turns partly on the complaining witness's willingness to testify again [2]. The Mann charge has now consumed three separate jury pools without resolution, raising threshold questions about diminishing returns, witness fatigue, and the limits of cases anchored primarily to complaining-witness credibility rather than physical or documentary corroboration [3].
A status conference is scheduled for June 24, at which point the court and parties will address how the prosecution intends to proceed [2]. Weinstein separately remains subject to a California conviction, meaning he is not a free man regardless of the New York outcome [1]. Whether Bragg moves forward, the June hearing will set the procedural calendar and give the defense an early opportunity to press for dismissal on grounds that further prosecution amounts to harassment of a defendant who has faced three trials on the same count [3].