Weinstein case judge declares mistrial on remaining rape charge as jury foreperson won't deliberate

NEW YORK — Harvey Weinstein 's sex crimes retrial came to a disjointed end Thursday as the jury foreperson declined to deliberate and the judge declared a mistrial on a remaining rape charge, a day after a split verdict on other charges in the landmark #MeToo-era case.

The outcome positions the ex-studio boss for a third New York trial — prosecutors said they're ready to retry the rape count — even as he faces a new sentencing on his sexual assault conviction.

Weinstein, 73, denies all the charges. The Oscar-winning movie producer had a blank, drained expression as court officers escorted him out Thursday in his wheelchair.

His lawyer said he plans to appeal.

''What happened in that jury room was absolutely improper,'' attorney Arthur Aidala said outside court.

Weinstein is due back in court July 2 for discussion of retrial and sentencing dates. His first-degree criminal sex act conviction carries the potential for up to 25 years in prison, while the unresolved third-degree rape charge is punishable by up to four years — less than he already has served.

He's been behind bars since his initial conviction in 2020, and he later also was sentenced to prison in a separate California case, which he's appealing.

In Wednesday's partial verdict, Weinstein was convicted of one criminal sex act charge but acquitted of another. Both concerned accusations of forcing oral sex on women in 2006. Those verdicts still stand.

While the jury of seven women and five men was unanimous on those decisions, it got stuck on the rape charge involving another woman, Jessica Mann. The hairstylist and actor testified at length — as she did in 2020 — that Weinstein raped her amid a years-long consensual relationship.

''I will never give up on myself and making sure my voice – and the truth – is heard," Mann said in a statement Thursday, confirming she's ready to testify yet again.

Jury-room strains started leaking into public view Friday, when a juror asked to be excused because he felt another was being treated unfairly. Then Monday, the foreperson complained that other jurors were pushing people to change their minds and talking about information beyond the charges.

The man raised concerns again Wednesday, telling the judge he felt afraid in the jury room because another juror was yelling at him for sticking to his opinion and suggested the foreperson would ''see me outside.''

When Judge Curtis Farber asked the foreperson Thursday whether he was willing to return to deliberations, the man said said no. And with that, Farber declared a mistrial on the rape count.

Two jurors disputed the foreperson's account as they left court. One, Chantan Holmes, said that no one mistreated the man and that she believed he was just tired of deliberating.

''We all felt bad. Because we really wanted to do this. We put our hearts and souls in here,'' she said.

Another jury member, who identified himself only by his juror number, said the deliberations were contentious, but respectful.

Weinstein's 2020 conviction seemed to cement the downfall of one of Hollywood's most powerful men in a pivotal moment for the # MeToo movement. The anti-sexual-misconduct campaign was fueled by allegations against him.

But that conviction was overturned last year, and the case was sent back for retrial in the same Manhattan courthouse.

Weinstein's accusers said he exploited his Tinseltown influence to dangle career help, get them alone and then trap and force them into sexual encounters.

''These hopeful young women were trying to follow their dreams in a world that he controlled,'' Manhattan District Attorney Alvin Bragg, a Democrat, said at a news conference Thursday.

Weinstein's defense portrayed his accusers as Hollywood wannabes and hangers-on who willingly hooked up with him to court opportunity, then later said they were victimized to collect settlement funds and #MeToo approbation.

Miriam Haley, the producer and production assistant whom Weinstein was convicted — twice, now — of sexually assaulting, said outside court Wednesday that the new verdict ''gives me hope.''

Accuser Kaja Sokola also called it ''a big win for everyone,'' even though Weinstein was acquitted of forcibly performing oral sex on her when she was a 19-year-old fashion model. Her allegation was added to the case after the retrial was ordered.

Holmes, the juror who spoke outside court, said the panel all felt Sokola "wasn't credible.''

The Associated Press generally does not name people who say they have been sexually assaulted, unless they agree to be identified. Haley, Mann and Sokola did so.

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Associated Press journalists Joseph B. Frederick and Ted Shaffrey contributed.