Harvey Weinstein’s criminal retrial in Manhattan ended without a verdict on the disgraced movie mogul’s third-degree rape charge. Following days of juror tensions (including the jury foreperson’s decision not to return to the jury room), Judge Curtis Farber declared a mistrial on the rape charge on June 12. The jury’s verdicts on the two other sex-crime charges in the case still stand. Meanwhile, prosecutors are hoping that the third time is the charm for the unresolved rape charge, which could reportedly proceed to yet another trial.
What was the third-degree rape charge for?
Weinstein was accused of raping Jessica Mann in a Manhattan hotel room in 2013. She testified at length during the retrial about both the alleged incident and her prior relationship with Weinstein, whom she first met as an aspiring actress at a Hollywood party in 2013. If convicted, he would face up to four years in prison.
What happened with the jury?
The mistrial on the rape charge comes after the jury foreperson told the court that he would not return to the jury room for deliberations on June 12. The foreperson had requested to speak with the judge over concerns for his own safety the day before. “I feel afraid inside there. I can’t be inside there,” he told attorneys and Farber on June 11, per The Hollywood Reporter. He claimed that fellow jurors had been trying to change his mind and told him, “Oh, we will see you outside” when he refused to do so. After the mistrial was declared, Farber said the other jurors told him that they “were extremely disappointed” that deliberations didn’t continue and “don’t understand why the foreperson bowed out.”
There has been reported tension among the jury for days, according to THR. Some jurors had discussed another juror in the elevator, one juror told the court on June 6. That juror suggested that “playground stuff” and “a bit of shunning” was happening behind closed doors and ultimately asked to be excused from the jury because the process did not feel “fair.” (The request was denied.) Jurors were also talking about parts of Weinstein’s past that weren’t related to the crimes he was charged with in this case, the jury foreperson stated on June 9. After speaking with the foreperson, Weinstein’s attorney said there was a “tainted juror” and called for a mistrial, and Weinstein himself later raised concerns over jury complaints. “This is not right for me, the person who is on trial here,” he told Farber on June 11. “This is my life that’s on the line.”
Can Weinstein be retried?
Following the mistrial, New York prosecutors said they planned to retry Weinstein’s rape charge for a third time, adding, per THR, that Mann is “ready and willing and wants to retry this count.” Farber said the unresolved rape charge will proceed to trial and set a hearing for July 2 to discuss a potential trial date, Reuters reports. Farber estimated from the bench that this new trial could start in the fall, according to Deadline.
What about the other charges?
The retrial covered three sex-crime charges. Weinstein previously received a partial mixed verdict on June 11. The jury convicted him of a first-degree criminal sexual act for forcibly performing oral sex on former Project Runway production assistant Miriam “Mimi” Haley in 2006 — which carries a maximum prison sentence of 25 years. However, he was acquitted of the same charge for the alleged assault of aspiring actress Kaja Sokola in 2006. Both verdicts still stand.
Weinstein pleaded not guilty to all three counts in the retrial, and he has maintained that he’s never had non-consensual sex or assaulted anyone.
Why did the retrial happen?
Weinstein was first convicted of rape and a first-degree criminal sexual act in his 2020 case involving Haley and Mann. He appealed, and the New York State Court of Appeals ultimately overturned the verdict in 2024 on the grounds that he “did not get a fair trial” because the court had admitted testimony from accusers who introduced multiple other allegations unrelated to the charges. In 2025, Manhattan district attorney Alvin Bragg recharged Weinstein and added Sokola’s previously uncharged claims, leading to the retrial.
What else is going on with Weinstein?
He was moved from Rikers to Bellevue Hospital in April ahead of his retrial, which he showed up to in a wheelchair. Weinstein has chronic myeloid leukemia, diabetes mellitus, “extensive” coronary artery disease, and a tongue infection, according to an April request for the transfer filed by his legal team and obtained by THR. Still, his reportedly deteriorating health hasn’t stopped him from continuing to fight other legal battles. Weinstein is separately appealing his 2022 rape conviction in Los Angeles, for which he was sentenced to 16 years in prison. He’s also suing his brother and former business partner, Bob Weinstein, for fraud.
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But prosecutors are hoping the third time’s the charm, with yet another trial potentially starting in the fall.
