A New York judge has declared a mistrial on the third-degree rape count in Harvey Weinstein‘s sex crimes retrial on Thursday, after the jury foreman refused to return to deliberate.
The foreman had told Judge Curtis Farber on Wednesday that he was afraid to be in the same room with fellow jurors after he claimed they yelled at him to try to change his mind.
Asked if he would be willing to go back to the deliberation room Thursday, the foreman said, “No, I’m sorry.” Farber then dismissed the remaining jurors.
The former movie mogul was accused of sexually assaulting three women over a decade ago in New York City.
The mistrial comes a day after the jury convicted Weinstein on one count of criminal sex act involving Mimi Haley and acquitted him of another count of criminal sex act involving Kaja Sokola.
The third count related to an alleged assault on aspiring actress Jessica Mann in 2013.
All three women have publicly come forward and testified during the trial.
Farber said he spoke to the remaining jurors, who told him they were “disappointed” they did not get to render a verdict on the third count.
“I will say they were extremely disappointed that deliberations ended before they reached a verdict,” Farber said.
The judge also said the remaining jurors did not describe anything like the discord and threats recounted by the foreman.
“They all thought they were involved in a normal discourse, and they don’t understand why the foreperson bowed out,” Farber said.
The Manhattan District Attorney’s Office immediately signaled it is ready to try Weinstein again on the rape count.
An attorney for Weinstein, Arthur Aidala, said they plan to appeal the conviction in the retrial.
“We have very powerful evidence that there was gross juror misconduct at this trial,” Aidala told reporters outside the courthouse. “None of us have ever heard of that where a jury is so intimidated a grown man who was in good physical shape in his late 30s saying, I’m afraid to go back into the deliberating room.”
“If that doesn’t cast doubt on the verdicts here, I don’t know what would. This is not over,” he said.
Aidala further alleged jury misconduct, saying they found out that jurors were considering evidence not admitted at trial.
The foreperson told the judge on Monday that jurors were discussing Weinstein’s past, according to a transcript of the closed encounter in the judge’s chambers. When the judge summoned the entire jury that day, he reminded them to discuss only the evidence presented at trial and to be cordial.
Weinstein was being retried for sexually assaulting Haley and Mann after his earlier conviction was overturned on appeal. He was also charged with sexually assaulting Sokola, who was not part of the first trial.
Prosecutors said Weinstein “preyed” on the three women as “he held unfettered power for over 30 years” in Hollywood, while the defense countered the producer did not coerce the women and claimed they were using him for his connections.
Weinstein, 73, pleaded not guilty and has said his sexual encounters were consensual. He did not testify during the trial.
If you are affected by abuse and needing support, or know someone who is, call the National Domestic Violence Hotline at 1-800-799-7233, or the National Sexual Assault Hotline at 1-800-656-HOPE (4673). You can also chat online at thehotline.org or online.rainn.org, respectively.
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