What Happened

Judge Curtis Farber declared a mistrial Friday, May 15, 2026, after the jury in Harvey Weinstein's third New York sex crimes trial said it could NOT reach a unanimous verdict.

The jury deliberated for three days before sending Farber a note saying they were deadlocked. He responded with an Allen charge — a legal instruction urging jurors to try harder. The jury sent back a second note: "We feel that no one is going to change where they stand."

That was the end of it.

The Numbers

Nine jurors voted not guilty. Three voted guilty. Those numbers came directly from Weinstein's lawyers, who spoke to press outside the courtroom, according to NPR.

The prosecution has until late June to decide whether to attempt a fourth trial.

The Charge

This trial focused on one specific allegation: that Weinstein raped aspiring actress Jessica Mann at a DoubleTree hotel in Midtown Manhattan in 2013. Mann is now approximately 38 years old. She has testified in multiple proceedings.

Weinstein, 74, has consistently denied all wrongdoing.

How We Got Here

In 2020, a New York jury convicted Weinstein of assaulting Mann and another charge.

In 2024, New York's Court of Appeals overturned that conviction, ruling the trial judge had improperly allowed testimony from women whose allegations were NOT part of the original charges. That raised legitimate due process concerns.

A second trial followed in the summer of 2025. That jury found Weinstein guilty on one count of criminal sexual act in the first degree, and not guilty on another. But the rape charge specific to Mann resulted in a mistrial — the jury foreperson refused to return to deliberations, citing safety concerns, according to NPR.

This third trial was narrowly focused: just Mann's rape allegation. Same result. Hung jury.

What the Jurors Said

Two jurors spoke publicly outside the courthouse.

Juror Rick Treese told reporters the group diverged on "where we actually had facts." His assessment: "We didn't have enough facts to grasp onto, so it was emotion."

Juror Josh Hadar, who voted not guilty, said he believed parts of Mann's testimony may have been "fabricated." He told reporters the "prevailing thought" among the group was that "the witness had a lot of inconsistencies in her story."

What DA Bragg Said

Manhattan District Attorney Alvin Bragg put out a statement saying prosecutors are "currently determining whether to try again." He said the office will consult with Mann before deciding and also take into account Weinstein's pending sentencing in a separate sexual assault case.

Weinstein remains jailed on other charges. Whatever happens with Mann's rape allegation, he is still facing additional consequences.

The Jury Split in Perspective

Most coverage — from AP, BBC, NPR, and the New York Times — frames this primarily as a setback for sexual assault survivors and the #MeToo movement.

A 9-3 split for acquittal after three days of deliberation in Manhattan, one of the most progressive jury pools in the country, signals something worth examining. The jurors who spoke publicly cited factual inconsistencies in Mann's testimony, not sympathy for Weinstein.

The original 2020 conviction was overturned on legitimate legal grounds. Weinstein's defense teams have raised procedural concerns across these trials — the kind that are central to how the justice system functions.

None of this means Mann's allegations are false. It means the prosecution has repeatedly failed to prove them beyond a reasonable doubt to a unanimous jury.

What Comes Next

Bragg's office has until late June to decide. A fourth trial on the same charge, with a witness two jurors have now publicly questioned, would require significant resources and further testimony from Mann.

Weinstein still faces sentencing in his separate California sexual assault case, where he was convicted in 2023. He is NOT a free man regardless of what Bragg decides.

The Path Forward

Dozens of women have accused Weinstein of serious crimes. But the legal standard is "beyond a reasonable doubt," and three consecutive New York juries have been unable to meet that bar unanimously on Mann's specific rape charge.

Prosecutors now face a question of strategy, resources, and fairness to everyone involved — including the woman who has testified repeatedly at significant personal cost.