A Manhattan judge declared a mistrial on 15 May 2026 after a jury of seven men and five women deadlocked for the third time over the same rape allegation against Harvey Weinstein, leaving one of the most consequential cases of the #MeToo era unresolved for a sixth year.
Judge Curtis Farber made the declaration after the jury sent two notes within 90 minutes confirming it could not reach a unanimous verdict on the single charge of third-degree rape involving Jessica Mann, a hairstylist and actor. Nine of the twelve jurors reportedly wanted to acquit Weinstein, according to defence attorney Marc Agnifilo, who told reporters the outcome gave his client 'outstanding' prospects should a fourth trial be pursued.
Weinstein, 74, remained expressionless as court officers wheeled him out of the courtroom, still serving a 16-year sentence from a separate rape conviction in California.
2013 Hotel Room Allegation Survives Three Trials
Mann testified in graphic detail during nearly five days on the witness stand, describing a 2013 encounter at a Manhattan hotel in which she alleged Weinstein trapped her in the room and forced himself upon her despite her repeated refusals. She had testified to the same allegation at Weinstein's 2020 trial and again at the 2025 retrial before returning for this third proceeding, which began in April 2026.
The current trial heard nearly three weeks of testimony in total. Weinstein chose not to testify. His defence team, led by Agnifilo, argued throughout that the 2013 encounter was consensual and stressed that Mann had continued to see Weinstein and maintain warm correspondence with him after the alleged incident.
🇺🇸 Harvey Weistein retrial ends in mistrial...
— Mario Nawfal (@MarioNawfal) May 15, 2026
With the jury deadlocked, the judge declared it a mistrial on the rape charge.
Another hung jury. This guy keeps dodging like he’s in the Matrix.
Source: @disclosetv pic.twitter.com/Mbde4g385H
Assistant District Attorney Candace White had countered that Weinstein used professional influence and sustained emotional manipulation to coerce Mann into intercourse she explicitly did not want.
Juror Josh Hadar, speaking to reporters after the mistrial was declared, said Mann had shown an 'incredible memory' during her direct examination but 'forgot a lot of things' when cross-examined by defence lawyers. That inconsistency, he indicated, had proved decisive for those who voted to acquit. Mann was not in court when the mistrial was announced.
Landmark 2020 Conviction Unravels Into Three Trials
Weinstein was first convicted in February 2020 on two counts: third-degree rape involving Mann and a first-degree criminal sexual act involving former Project Runway production assistant Miriam Haley. He received a 23-year sentence. The conviction was seen at the time as a landmark moment for the #MeToo movement, confirming that one of Hollywood's most powerful figures could be held criminally accountable.
In a statement, Jessica Mann says she subjected herself to “unbearable public scrutiny” three times because she is telling the truth and deserves justice. pic.twitter.com/KnnrQbYuJh
— Molly Crane-Newman (@molcranenewman) May 15, 2026
That verdict did not stand. In April 2024, the New York Court of Appeals overturned the conviction in a 4-3 decision, ruling that the original trial judge had improperly admitted testimony from three 'prior bad acts' witnesses whose allegations were not directly tied to the charges. The majority held that the evidence 'served only to establish defendant's propensity to commit the crimes charged,' rather than proving intent.
In a sharp dissent, Judge Madeline Singas wrote that the ruling 'perpetuates outdated notions of sexual violence and allows predators to escape accountability.'
The Manhattan District Attorney's office immediately announced it would retry the case. The first retrial, held in 2025, produced a partial verdict: Weinstein was convicted of the first-degree criminal sexual act count involving Haley and acquitted on a similar count involving former model Kaja Sokola. On Mann's rape charge, that jury deadlocked entirely, with the foreperson ultimately refusing to continue deliberating after reporting that he felt threatened by another juror. A second retrial on Mann's charge alone followed, producing Friday's latest deadlock.
Nine Jurors Vote to Acquit
The current jury's split was stark. Agnifilo confirmed to reporters that nine of the twelve panellists had voted in favour of acquittal, with only three favouring a conviction. That margin is wider than the previous deadlock and will likely figure heavily in the District Attorney's decision on whether to proceed to a fourth trial.
Manhattan District Attorney Alvin Bragg said in a statement that his office was 'disappointed' but 'deeply respects the jury system.' He confirmed his staff would consult Mann before deciding on next steps, and that any decision would also take into account the outcome of a pending sentencing in Weinstein's 2025 conviction. A hearing is scheduled for 24 June 2026 at which prosecutors must indicate whether they intend to pursue a fourth trial.
Mann, for her part, issued a written statement making clear she has not retreated from her account. 'This mistrial doesn't in any way detract from the truth I told,' she wrote. 'I chose to testify in three trials because I am telling the truth.' She added that she had relived painful moments and faced sustained public attacks because 'the power of predators remains too great.'
