Harvey Weinstein’s third Manhattan sex crimes trial ended in a mistrial Friday after the panel couldn’t unanimously decide on whether to convict the ex-Miramax boss of allegedly raping actress Jessica Mann in 2013.
Manhattan Supreme Court Judge Curtis Farber declared a mistrial at just after 1 p.m. — marking it the second time that a jury couldn’t reach a unanimous verdict on Mann’s allegations.
For the 74-year-old former Miramax boss, it was the third trial he faced over accusations he raped Mann inside the DoubleTree hotel in Midtown on March 18, 2013 — which Mann recounted on the witness stand for five days at the four-week trial.
Earlier Thursday morning, the jury had sent a note saying that they could not reach a unanimous decision — which prompted the judge to issue an Allen charge, instructing the panelists to continue their deliberations.
But the jury then sent another note at the lunch break, saying they couldn’t reach an agreement.
“We feel no one is going to change where they stand,” the note read.
Weinstein’s attorney Marc Agnifilo then motioned for a mistrial, which was granted by the judge
Mann, now 40, broke down several times during her painful testimony as she faced off against her abuser for the third time when a jury at last year’s retrial could not convict the ex-powerhouse producer of rape.
“I said, ‘No’ over and over and I tried to leave,” Mann said through sobs, shortly before she demonstrated to jurors how Weinstein allegedly pinned both of her wrists above her head during the sex attack.
Mann had testified that she did have a consensual relationship at one point because she felt it could lead to a “loving relationship” — while also acknowledging she knew about Weinstein’s power in Tinseltown and how it affected her decision to get involved with him.
At every trial, Mann has been consistent with how she’s described Weinstein: an erratic brat who could switch from being a caring person to someone could throw a tantrum if things didn’t go his way.
Weinstein also liked to let people know how “powerful” he was in the film industry and how he could make or break a fledgling actor or filmmaker’s career if he or she crossed him, Mann had testified.
“Essentially, his friends go very far and his enemies don’t step foot in this town,” the cosmetologist and hairstylist said.
Mann said that Weinstein had told her that he was in an “open relationship” with then-wife Georgina Chapman when they decided to start hooking up.
Mann also testified that Weinstein had allegedly raped her at a Los Angeles hotel later in 2013, though Weinstein isn’t charged for that attack.
Weinstein’s attorney Teny Geragos held Mann on the ropes during a multi-day brutal cross examination when she was pressed repeatedly about her relationship with Weinstein and a so-called love note — written by Mann just two days after the alleged New York City attack — which was introduced for the first time at any trial.
“Do I love him or the idea of him? With him—easy. The idea of expanding that—fulfilling,” Mann mused — two days after she said she was sexually assaulted by Weinstein in a room at the DoubleTree hotel in Manhattan.
Mann testified that she had become “emotionally attached” to someone and wanted a loving romance — but Weinstein’s attorney noted how there was no mention about having allegedly been raped.
In the prosecution’s closings, Manhattan Assistant District Attorney Nicole Blumberg urged jurors to understand how Weinstein’s power made it easy for him to manipulate people — and Mann, an aspiring actress with big dreams, became a victim.
“She missed the red flags, she missed the manipulation, the power, the control. She rationalized in her own mind the unwanted sex in the beginning,” Blumberg told jurors.
Weinstein’s attorney Marc Agnifilo tried to poke holes in Mann’s character, bringing up how mentally unstable she was at the time — while also claiming that Mann was lying to jurors while on the witness stand.
Weinstein awaits sentencing on his 2025 conviction when a jury found him guilty of a first-degree criminal sex act for allegedly assaulting Miriam “Mimi” Haley, a former TV production assistant.
