Judge Curtis Farber declared a mistrial on Friday, May 15, 2026, in the third sex crimes retrial of Harvey Weinstein in New York City. The decision followed a jury’s inability to reach a unanimous verdict regarding a third-degree rape charge involving former actor Jessica Mann in a Manhattan hotel in 2013.
The proceedings in Manhattan ended abruptly when jurors notified the court that they could not reach a unanimous decision on the rape charge. Upon receiving the note, Judge Curtis Farber determined there was no reason to go any further
with the deliberations, effectively halting the third attempt by New York prosecutors to secure a conviction on this specific count.
Jury Deadlock in the Third Retrial
The mistrial on May 15 marks a recurring failure in the New York judicial process to resolve the allegations brought by Jessica Mann. Weinstein had pleaded not guilty to the third-degree rape charge, and the deadlock suggests a persistent lack of consensus among jurors regarding the evidence presented in this latest iteration of the trial.
This outcome is not an isolated event in the recent history of the case. In June 2025, a previous retrial ended with a split verdict. While that jury found Weinstein guilty of sexually assaulting one woman and acquitted him of another charge, it failed to reach a verdict on the final charge. In that instance, Judge Farber declared a mistrial because the jury foreman refused to join the deliberations.
The inability of two separate juries within a year to reach a final verdict on the Mann charge highlights the complexity of the evidence or the difficulty of meeting the burden of proof required for a unanimous criminal conviction in the New York system.
Prosecution Response and Future Options
The Manhattan District Attorney’s office now faces a strategic decision regarding whether to pursue a fourth trial. Alvin Bragg, the Manhattan District Attorney, indicated that the office is not yet ruling out further legal action but will prioritize consultation with the complainant.
While we are disappointed that the proceedings ended with a mistrial, we deeply respect the jury system, and sincerely thank all the jurors for their time and dedication.
Alvin Bragg, Manhattan District Attorney
Bragg stated that his office would consider our next steps in consultation with Ms. Mann
before deciding if the case will return to court. The decision to proceed will likely depend on the perceived strength of the evidence and the willingness of the witness to undergo another trial process after multiple failed attempts to reach a final verdict.
The Legal Timeline from 2020 to 2026
The current legal instability in New York is the result of a volatile sequence of convictions and reversals. The legal process began in 2020, when Weinstein was first tried and convicted of raping Jessica Mann and sexually assaulting another woman.
That conviction stood for several years until 2024, when the New York Court of Appeals overturned the decision. The reversal necessitated the retrials that followed, leading to the June 2025 split verdict and the May 2026 mistrial. This cycle demonstrates the impact of appellate oversight on high-profile convictions and the procedural hurdles involved in re-litigating cases years after the initial events occurred.
Weinstein has maintained his innocence throughout these proceedings, and the repeated mistrials in New York provide a stark contrast to his legal status in other jurisdictions.
California Conviction and Current Status
Despite the lack of a final resolution in the Manhattan cases, Weinstein remains incarcerated. He is currently serving a 16-year sentence in California, stemming from separate sex crime convictions in that state.
The New York proceedings have operated as a parallel legal track to the California sentence. While the Manhattan District Attorney considers future steps, Weinstein’s immediate future remains dictated by the California court’s judgment. The repeated failure to secure a conviction in New York does not negate the sentence he is serving in the West, but it does leave a significant portion of the New York allegations unresolved.
The outcome of the consultation between the District Attorney’s office and Jessica Mann will determine if the New York legal system will attempt yet another retrial or if the state will concede the difficulty of obtaining a unanimous verdict on the 2013 hotel charge.
