The criminal case against Harvey Weinstein in New York has concluded in a second mistrial, leaving the former film producer facing an uncertain legal future. Justice Curtis Farber declared the mistrial on Thursday after the jury announced that it was deadlocked, unable to reach a unanimous verdict on three counts of rape and sexual assault against the 72-year-old defendant.
Prosecutors in the Manhattan District Attorney’s office said they intend to retry the case, a decision that will be subject to court scheduling and the availability of witnesses. The mistrial marks the latest chapter in a saga that began with the collapse of Weinstein’s 2020 conviction, which was overturned by the New York Court of Appeals in April. That ruling found that the trial judge had improperly allowed testimony from women whose allegations were not part of the charges, prejudicing the jury.
Weinstein’s legal team had argued that the current case was similarly flawed by the inclusion of such “prior bad acts” witnesses. During the trial, prosecutors presented testimony from three accusers: Jessica Mann, the woman at the centre of the charges; Mimi Haleyi, whose allegations were part of the original case; and a third woman whose testimony was introduced to show a pattern of behaviour. The defence contended that the charges were unsupported by credible evidence and accused the women of coordinating their accounts.
In the original 2020 trial, Weinstein was convicted of rape in the third degree and a criminal sexual act, but the Court of Appeals overturned that verdict, citing the prejudicial nature of the testimony. The retrial saw a narrower case, with charges limited to three counts: two counts of predatory sexual assault and one count of rape in the first degree. The mistrial on Thursday leaves these charges unresolved.
The jury deliberated for over 40 hours across several days before reporting an impasse. Justice Farber instructed the jurors to continue deliberating, a standard procedure known as an Allen charge, but they ultimately remained deadlocked. The mistrial is a setback for the Manhattan District Attorney’s office, which has been under pressure to secure a conviction in a case that symbolised the #MeToo movement.
Weinstein remains in custody at Bellevue Hospital in New York, where he has been receiving treatment for various medical conditions. He faces a separate conviction in California, where he was sentenced to 16 years in prison in 2022 for rape and sexual assault. That case is currently under appeal. Legal analysts note that even if New York prosecutors decline to retry the case, Weinstein will remain incarcerated pending the outcome of the California proceedings.
The mistrial has been met with mixed reactions. Victims’ rights advocates expressed disappointment, while defence lawyers called for an end to what they described as a protracted legal battle. The District Attorney’s office has emphasised its commitment to pursuing justice for survivors, though further retrials will depend on the strength of the available evidence and the willingness of witnesses to testify again.
Weinstein’s downfall in 2017 triggered a global reckoning over sexual misconduct in the entertainment industry and beyond. His legal troubles are far from over, but Thursday’s outcome underscores the challenges of prosecuting historic sexual assault cases where memory, credibility, and evidentiary standards collide. The decision to retry lies now with the Manhattan District Attorney’s office, which has vowed to continue its efforts.
