A Manhattan jury deadlocked 9-3 in favor of acquittal in Harvey Weinstein's third New York rape trial, forcing a mistrial and a decision on a fourth prosecution.
A Manhattan jury deadlocked for the second consecutive year on Harvey Weinstein's rape charge, forcing Judge Curtis Farber to declare a mistrial on May 15 and leaving the Manhattan District Attorney's Office to decide whether to pursue a fourth trial [1]. The jury split nine to three in favor of acquittal after three days of deliberations, a sharper tilt toward the defense than prior proceedings and a result that defense counsel Marc Agnifilo called a vindication of his client's position [2].
The mistrial came at the close of Weinstein's third New York state trial on charges stemming from an allegation by Jessica Mann, a film production assistant who accused Weinstein of rape [1]. The case is prosecuted by the Manhattan DA under District Attorney Alvin Bragg and tried before Judge Farber in New York County Supreme Court [2]. The earlier 2020 conviction, which was vacated on appeal, had already required a full retrial; that second proceeding also ended in a hung jury on Mann's charge, making this the second straight deadlock on the same count [1].
The nine-to-three vote breakdown carries significant procedural weight. A majority favoring acquittal, rather than a roughly even split, signals that jurors applying the current evidentiary record find the prosecution's theory more difficult to sustain with each iteration [2]. That dynamic puts the DA's office in a difficult posture: retrying Mann's charge a fourth time would require either a materially different presentation or a political judgment that the public interest warrants it despite diminishing returns at the jury box [1]. The Manhattan DA's office stated it will consult Mann before making any charging decision, a practice that signals victim-centered protocol but also underscores that the complaining witness's willingness to testify again is not guaranteed [1].
A follow-up hearing is scheduled for June 24, at which the court will address the prosecution's intentions [2]. Weinstein remains incarcerated on a separate 2023 California conviction for rape and sexual assault, meaning a declination to retry would not result in his release [1]. Defense counsel is expected to argue at the June hearing that continued prosecution is unsupportable given the jury's composition [2]. Whether Bragg proceeds will likely turn on Mann's decision, the strength of any new evidence, and the office's assessment of whether the case remains triable before a Manhattan jury.