THE judge has declared a mistrial on the final charge in Harvey Weinstein’s retrial.
The shocking ruling comes a day after a 12-person jury convicted the disgraced movie producer, 73, of one of the two criminal sexual assault counts he was facing and acquitted him of the other.
Harvey Weinstein pictured in Manhattan Criminal Court during his rape and sexual assault retrial on WednesdayShutterstock Editorial
Weinstein seated at the defense table between two of his attorneys on Thursday after the judge declared a mistrial on the final rape chargeReuters
AlamyVictim Jessica Mann (left) pictured inside the Lower Manhattan courthouse on Wednesday[/caption]
Jurors were expected to reconvene on Thursday to continue deliberating the rape charge that they failed to reach a verdict on Wednesday.
Actress Jessica Mann accused Weinstein of raping her in 2013, at the time when she was trying to build her career as an actress.
However, the jury foreperson was unwilling to return to the jury room to continue deliberating, telling the courtroom, “No, I’m sorry.”
The foreperson previously raised his concerns to Judge Curtis Farber, saying that deliberations had descended into shouting matches and that he felt threatened by others jurors in the room.
On Wednesday afternoon, the foreperson requested to speak with the judge, and later told Farber and the attorneys, “I feel afraid inside there. I can’t be inside there,” according to The Hollywood Reporter.
The unidentified man said that other jurors were pressuring him to change his decision, and claimed he was threatened when he refused.
He said other jurors told him, “Oh, we will see you outside.”
Judge Farber spoke to the other jurors after declaring the mistrial, and said they were “extremely disappointed” the deliberation did not continue, The Hollywood Reporter reported.
The remaining jurors reportedly told the judge they did not “understand why the foreperson bowed out.”
After the judge’s ruling, prosecutors said they plan to retry Weinstein on the rape charge.
Prosecutors said Mann is “ready and willing and wants to retry this count.”
Weinstein’s defense attorney, Arthur Aidala, contested that the charge be dismissed.
A hearing for the charge is set for July 2.
MIXED VERDICT
On Wednesday, the jury reached a guilty verdict on a single count of criminal sexual act in connection to actress Mimi Haley’s allegations against Weinstein.
An emotional Haley testified that the “unthinkable” happened when Weinstein sexually assaulted her in July 2006.
But jurors acquitted Weinstein of engaging in a criminal sex act with model Kaja Sokola, who accused the disgraced Miramax founder of forcing oral sex on her in 2006 when she was just 16 years old.
After the mixed verdict was read, Weinstein addressed the court, urging Judge Farber to declare a mistrial.
“This is not right for me, the person who is on trial here,” the ailing movie mogul said.
“This is my life that’s on the line, and you know what? It’s not fair. It’s simple. It’s just not fair.”
Weinstein’s mistrial request was denied at the time.
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