A New York judge has declared a mistrial in the rape case brought against Harvey Weinstein.
Weinstein was facing his second trial on charges of criminal sexual acts and rape. The Miramax co-founder’s 2020 conviction was overturned last year. A mistrial was declared on a single count of third-degree rape when the jury foreman refused to return to deliberations on Thursday.
The jury foreman informed Judge Curtis Forber early Wednesday that he would not return to jury chambers. The foreman claimed his fellow jurors were “attacking” one another while discussing Weinstein’s rape count, telling Farber that he “cannot go back inside with those people.”
The foreman also claimed that some jurors were threatening him. When asked by Farber if he would return on Thursday, the foreman refused. Facing this, Farber declared a mistrial on Weinstein’s rape count.
Before dismissing the remaining jurors, Farber spoke with them.
“I will say they were extremely disappointed that deliberations ended before they reached a verdict,” Farber said. “They all thought they were involved in a normal discourse, and they don’t understand why the foreperson bowed out.”
The same volatile jury found Weinstein guilty of a first-degree criminal sexual act involving film producer Miriam Haley on Wednesday, while acquitting him of an additional similar count involving model Kaja Sokola. The third count, which ended in a mistrial, involved actress Jessica Mann.
Arthur Aidala, an attorney for Weinstein, said the defense plans to appeal the guilty count.
“We have very powerful evidence that there was gross juror misconduct at this trial,” Aidala told reporters at the courthouse. “This is not over.”
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