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Harvey Weinstein's 3rd NYC rape trial ends in mistrial
A judge declared a 'mistrial' in Harvey Weinstein's third New York City rape trial. Check back with LiveNOW from FOX for updates on the latest.
NEW YORK - Harvey Weinstein’s rape retrial ended in a mistrial Friday after jurors remained deadlocked in the high-profile #MeToo-era case, following another hung jury in the same case last year.
Why you should care:
While the former Hollywood mogul has been convicted of other sex crimes on two U.S. coasts and remains behind bars, the mistrial leaves the New York rape charge in limbo after three trials. Weinstein appeared expressionless as court officers ushered him out in his wheelchair.
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The backstory:
A majority-male Manhattan jury had been weighing whether Weinstein raped Jessica Mann, a hairstylist and actor. Weinstein’s lawyers argued that the encounter was consensual. It happened in 2013 during a fraught relationship between the then-married Weinstein and the decades-younger Mann.
Dig deeper:
The signs of stalemate emerged Friday a few hours into the third day of deliberations. Jurors sent a note saying they "have concluded that they cannot reach" a unanimous verdict. Judge Curtis Farber instructed the group to continue deliberating. That's generally what New York judges do at least the first time a jury says it's stuck.
A hearing was set for June 24 to learn whether prosecutors will choose to go to a fourth trial.
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Harvey Weinstein found guilty of rape in Los Angeles | LiveNOW from FOX
FROM THE ARCHIVES: Harvey Weinstein was found guilty of rape in his Los Angeles sexual assault trial. Weinstein was convicted of 3 of 7 charges, including rape, forced oral copulation and another sexual misconduct count involving a woman known as Jane Doe 1.
An appeals court overturned his 2020 New York conviction on charges that involved Mann and another accuser. At a retrial last year, jury deliberations broke down amid infighting on Mann’s portion of the case, leading to this current retrial. Weinstein is charged with one count of rape in the third degree.
RELATED: Harvey Weinstein found guilty of sexual assault involving one of the accusers
Mann, 40, has testified that she willingly had some sexual interludes with the then-married producer, but that he subjected her to unwanted sex that day after she repeatedly said no.
Weinstein's lawyers have emphasized that Mann subsequently continued seeing Weinstein after the encounter and expressing warmth toward him. Mann has said she was mired in complicated feelings about him, herself and what had happened.
Her viewpoint changed in 2017, when a series of allegations against the Oscar-winning Weinstein propelled #MeToo. Some of those accusations generated criminal convictions against Weinstein in New York and California.
Weinstein, 74, has said he "acted wrongly" but never assaulted anyone.
The current jury heard nearly three weeks of testimony, five days of it from Mann. Weinstein did not testify.
The Associated Press generally does not identify people who say they have been sexually assaulted. Mann, however, has agreed to be named.
The Source: The Associated Press contributed to this report. The story is based on courtroom proceedings and testimony from Harvey Weinstein’s New York rape retrial, including statements from prosecutors, defense attorneys, Judge Curtis Farber, and accuser Jessica Mann. This story was reported from Los Angeles.