A New York judge declared a mistrial Friday in Harvey Weinstein's rape case after jurors said they could not reach a unanimous verdict on allegations brought by actress Jessica Mann, the third time a jury has heard the charge and the second consecutive deadlock. Judge Curtis Farber ended the proceedings after the panel deliberated roughly nine hours over three days, telling the courtroom he saw "no reason to go any further."
The mistrial leaves Manhattan District Attorney Alvin Bragg's office weighing whether to try the disgraced Hollywood producer a fourth time on the same allegation, a question that carries real consequences for Mann, for the credibility of the prosecution, and for a public that has watched the case cycle through courtrooms since 2020.
Weinstein, 74, entered a not guilty plea to a third-degree rape charge tied to Mann's allegation that he raped her in a New York City hotel in 2013. He has denied any non-consensual contact. The jury sent a note to Judge Farber stating its position plainly. As the Washington Times reported, the note read: "We feel no one is going to change where they stand."
Farber did not push the jury further. He declared the case a mistrial.
The jury split was lopsided. The New York Post reported that nine of the twelve panelists were prepared to acquit Weinstein, while three male jurors held out for conviction. All four female jurors voted to acquit.
That detail alone should give Bragg's office pause. Two separate juries have now failed to convict on Mann's allegation. The first deadlock came in June 2025, when a jury convicted Weinstein of a first-degree criminal sex act against former "Project Runway" production assistant Miriam Haley but could not reach a decision on Mann's rape charge.
One juror from the latest trial spoke publicly. Josh Hadar told the Associated Press that the panel's doubts centered on Mann's testimony:
"The prevailing thought was that the witness had a lot of inconsistencies in her story."
That is a damaging assessment, not of the broader case against Weinstein, which has produced convictions elsewhere, but of the specific evidence prosecutors brought to this jury on this charge.
The timeline of Weinstein's New York prosecutions reads like a case study in how not to secure a durable conviction. A jury first found him guilty in 2020 of third-degree rape connected to Mann and of criminal sexual acts involving Haley. That verdict was celebrated as a landmark of the #MeToo era.
Then, in 2024, a New York state appeals court overturned the conviction. The court ruled the trial judge had erred by accepting testimony based on allegations not tied to the charges, a procedural failure that handed Weinstein's defense team a clear reversal. The Associated Press reported at the time that the ruling turned on the improper admission of that testimony, a mistake the prosecution could have avoided.
Hollywood has produced no shortage of criminal cases involving its own in recent years, from the attempted murder conviction of actor Nick Pasqual to other high-profile prosecutions. But the Weinstein saga stands apart for the sheer number of retrials and reversals.
The retrial in June 2025 produced a split result: conviction on the Haley count, deadlock on Mann. Weinstein now faces up to 25 years behind bars for the Haley conviction alone. Prosecutors then brought Mann's allegation back for a third trial, the one that ended Friday.
This was the third time Jessica Mann took the stand against Weinstein. Three trials. Two deadlocks. No conviction on her allegation.
Manhattan DA Alvin Bragg issued a statement Friday expressing disappointment but stopping short of committing to a fourth trial. His office said it was "disappointed that the proceeding ended with a mistrial" and that it "deeply respect[s] the jury system."
Bragg added that his office would weigh the path forward carefully:
"We will consider our next steps in consultation with Ms. Mann, and in consideration of Harvey Weinstein's pending sentencing following last year's trial conviction for forcibly assaulting Miriam Haley."
Breitbart reported that prosecutors have 30 days to decide whether to try Mann's case a fourth time. A hearing has been set for June 24, according to the Washington Times.
The question Bragg faces is straightforward: Does the evidence justify putting Mann through a fourth trial when two consecutive juries have deadlocked, and when the most recent panel broke nine-to-three toward acquittal?
Weinstein spokesman Judah Engelmayer framed the result as a vindication of the defense's position. Breitbart quoted him saying: "After hearing the evidence multiple times and seeing two juries unable to reach unanimity, it's clear there is significant reasonable doubt here."
Defense attorney Marc Agnifilo, as quoted by AP News, was more measured but still pointed:
"Maybe it's not the win that he wanted, but it's a win, and we're going to keep fighting."
Whatever Bragg decides, Weinstein is not walking free. He is currently imprisoned on a 16-year sentence stemming from a 2022 rape conviction in California, as Newsmax reported. He has appealed that conviction but remains incarcerated while the appeal proceeds.
In New York, the June 2025 conviction for the first-degree criminal sex act against Miriam Haley carries a potential sentence of up to 25 years. Sentencing on that count is still pending. Between the California sentence and the Haley conviction, Weinstein faces the realistic prospect of spending the rest of his life in prison.
That context matters when evaluating whether a fourth Mann trial serves the interests of justice or simply serves the interests of a prosecutor's record. The case against Weinstein as a serial predator has already produced convictions. The specific allegation involving Mann has not survived jury scrutiny, twice.
Other entertainment-industry criminal cases have reached definitive outcomes. Former "Dances With Wolves" actor Nathan Chasing Horse received a life sentence for sexual assault. The legal system found its footing there. In the Weinstein-Mann matter, it has not.
None of this excuses what Weinstein did to the women he victimized. The convictions that have survived, in California and on the Haley count in New York, reflect serious crimes that warranted serious punishment. The system delivered that punishment.
But the Mann prosecution has become something different. The original 2020 conviction was thrown out because prosecutors overplayed their hand, introducing testimony the appeals court said should never have been admitted. That was not Weinstein's fault. It was the prosecution's.
Now, after two more trials and two deadlocks, Bragg's office faces a credibility question. Pursuing a fourth trial on the same charge, against the same defendant, with the same evidence that has twice failed to persuade a unanimous jury, starts to look less like the pursuit of justice and more like an unwillingness to accept a result.
The accountability that matters in Hollywood extends beyond courtrooms. The industry that enabled Weinstein for decades, the agents, executives, and publicists who looked the other way, has never faced a real reckoning. The criminal cases that have emerged from that world tend to focus on individual defendants, not the systems that protected them.
Jessica Mann has testified three times. She deserves clarity, not an endless cycle of retrials driven by a prosecutor's reluctance to close a file.
Bragg's office has 30 days to decide. The jury already told him everything he needs to know.
