THE JUDGE IN the Harvey Weinstein sex crimes retrial has declared a mistrial on one outstanding rape charge against the disgraced Hollywood producer.

The foreperson of the jury refused to return to deliberate the count amid a jury room feud.

“Deliberations became heated to such a degree I am obligated to declare a mistrial on the one count on which you didn’t reach a verdict,” judge Curtis Farber told the court.

Weinstein’s initial conviction, five years ago, seemed to cement the downfall of one of Hollywood’s most powerful men in a pivotal moment for the #MeToo movement.

That conviction, however, was overturned last year and the case was sent back for retrial in the same Manhattan courthouse. Weinstein, 73, denies sexually assaulting or raping anyone. 

Weinstein was yesterday found guilty of one count of sexual assault against one woman, but was acquitted of the same offence against a different woman in the retrial. Jurors yesterday were unable to reach a verdict on a third charge.

The majority-female jury teetered on Wednesday as the male foreperson requested to speak to the judge about “a situation” he found troubling. He previously complained on Monday that other jurors were pushing people to change their minds.

He also claimed that his fellow jurors had been talking about information beyond the charges. The foreperson later signalled to Judge Farber that he wanted to speak.

“He said words to the effect of, ‘I can’t go back in there with the other jurors’,” Judge Farber explained later.

Weinstein’s lawyer Arthur Aidala characterised the foreperson’s concerns more severely, saying that the man had said he was concerned for his safety after his fellow panellist talked about meeting him outside.

Aidala appealed for a mistrial on Monday. Prosecutor Matthew Colangelo, however, said the foreperson had not seemed afraid or apprehensive, just “stubborn”.

“He said he’d made up his mind, he didn’t want to change it, and people were pressuring him to change it. That’s what jury deliberations involve,” the prosecutor said.

The seven female and five male jurors yesterday convicted Weinstein of forcing oral sex on film producer Miriam Haley. He was acquitted of an accusation of the same crime against model Kaja Sokola.

Jurors continued their deliberations yesterday in the re-hearing of actress Jessica Mann’s testimony that Weinstein raped her in a Manhattan hotel room in 2013. A mistrial was called in that charge this afternoon.

Weinstein maintains that he never sexually assaulted or raped anyone. 

His lawyers portrayed his accusers as opportunists, who accepted the once-powerful Hollywood film producer’s advances because they wanted a leg up in the entertainment world.

Contains reporting from © AFP 2024