Judge Declares Second Mistrial In Harvey Weinstein New York Rape Case
Judge Curtis Farber declared a mistrial in Harvey Weinstein's New York rape retrial on Friday, May 15, 2026.[1]
Jurors told the court they were deadlocked on whether he raped Jessica Mann in a Manhattan DoubleTree hotel room.[2] Farber had earlier given a modified deadlock, or Allen, charge and urged the panel to keep deliberating before the jurors sent a note saying no one would change positions.[1]
Weinstein, 74, appeared expressionless and in a wheelchair as court officers removed him after the ruling; he briefly could not appear during deliberations because of chest pains and has reported bone marrow cancer.[1] District Attorney Alvin Bragg said he was disappointed, will consult Jessica Mann and will consider Weinstein's other sentence before deciding whether to seek a fourth New York trial; a hearing is set for June 24, 2026.[2]
Weinstein was convicted on Mann's allegation in 2020, but a New York appeals court overturned that conviction.[2] A 2025 retrial also ended without a verdict after the jury foreperson declined to return over safety concerns, making this the second consecutive mistrial on the Mann charge and the third New York trial overall.[1]
This month's proceeding drew a smaller media presence and less public attention than Weinstein's earlier New York trials, and Weinstein did not testify in the retrial.[1]
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📌 Key Facts
- On Friday, May 15, 2026, Judge Curtis Farber declared a mistrial in Harvey Weinstein’s New York rape retrial after jurors reported they were deadlocked on whether he raped Jessica Mann in a Manhattan hotel room (Judge Curtis Farber).
- The proceeding was Weinstein’s third New York trial and the second consecutive mistrial on the same 2013 Jessica Mann rape allegation (third New York trial).
- Jurors sent a note a few hours into the third day of deliberations saying they could not reach a unanimous verdict; Farber first issued a modified deadlock (Allen) charge urging further deliberations before ultimately declaring a mistrial (modified deadlock (Allen) charge).
- Prosecutors must decide whether to seek a fourth trial and have a hearing set for June 24, 2026 to address that question; District Attorney Alvin Bragg said he is disappointed, will consult Jessica Mann and will consider Weinstein’s other sentencing before deciding (hearing set for June 24, 2026).
- The jury, described as majority-male, was weighing whether Weinstein raped Mann in 2013 at a Manhattan DoubleTree hotel during what both sides agreed was an ongoing relationship (Manhattan DoubleTree hotel).
- Weinstein, 74, appeared expressionless and in a wheelchair at the end of the proceedings, briefly could not appear during deliberations because of chest pains, and has reported health issues including bone marrow cancer; he did not testify in this retrial (bone marrow cancer).
- Weinstein remains incarcerated on a separate 2022 California rape and sexual-assault conviction carrying a 16-year sentence, which he is appealing (2022 California rape and sexual-assault conviction).
- Weinstein had been convicted on Mann’s allegation in 2020, but a New York appeals court overturned that conviction and a prior 2025 retrial also ended deadlocked, leading to the consecutive mistrials on the Mann charge (convicted on Mann's allegation in 2020).
📰 Source Timeline (4)
Follow how coverage of this story developed over time
- The Associated Press account confirms that on Friday, May 15, 2026, Judge Curtis Farber declared a mistrial in Harvey Weinstein's New York rape retrial after jurors said they were deadlocked during their third day of deliberations.
- Jurors sent a note a few hours into the third day of deliberations stating they had concluded they could not reach a unanimous verdict; Farber initially instructed them to continue deliberating before ultimately declaring a mistrial.
- The jury was majority-male and was specifically weighing whether Weinstein raped Jessica Mann in 2013 at a Manhattan hotel during what both sides agreed was an ongoing relationship.
- District Attorney Alvin Bragg said he was disappointed in the result but respects the jury system and will consult with Jessica Mann and consider Weinstein's sentencing in another case before deciding on a fourth trial, with a hearing set for June 24, 2026 to address whether prosecutors will proceed again.
- The article recounts that Weinstein was convicted on Mann's allegation in 2020, that a New York appeals court overturned that conviction, and that a prior retrial in 2025 also ended with a deadlocked jury, making this the second consecutive mistrial on the Mann charge and the third New York trial overall.
- Weinstein appeared expressionless and in a wheelchair as court officers removed him from the courtroom after the mistrial was declared; he did not testify in this retrial and maintains that he "acted wrongly" in being unfaithful but "never assaulted anyone."
- On Friday, May 15, 2026, a New York judge declared a mistrial in Harvey Weinstein's latest criminal trial after jurors deadlocked on whether he raped aspiring actress Jessica Mann in a Manhattan hotel room.
- The Wall Street Journal specifies this is Weinstein's third New York trial and the second time a jury has deadlocked on the same 2013 rape allegation involving Mann.
- On Friday, May 15, 2026, Judge Curtis Farber declared a mistrial in Harvey Weinstein's third New York sex-crimes trial after jurors reported they could not reach a unanimous verdict on the Jessica Mann rape charge.
- Farber first issued a modified deadlock (Allen) charge on the morning of May 15, 2026, urging jurors to continue deliberating before they sent a second note saying no one would change positions.
- This is the second mistrial in less than a year on the same allegation that Weinstein raped Jessica Mann at a Manhattan DoubleTree hotel in 2013, following a summer 2025 mistrial when the jury foreperson declined to return over safety concerns.
- The article notes prosecutors have until late June 2026 to decide whether to try Weinstein a fourth time in New York on Mann's allegation.
- NPR adds that the month-long trial drew a smaller media presence and less public attention than Weinstein's earlier New York proceedings and that Weinstein used a wheelchair and skipped testifying.
- Judge Farber announced during deliberations that Weinstein briefly could not appear in court because of complaints of chest pains, underscoring reported health issues including bone marrow cancer.
- NPR recaps that Weinstein, now 74, remains incarcerated based on a separate 2022 California rape and sexual-assault conviction carrying a 16-year sentence, which he is appealing.