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Judge declares mistrial in Harvey Weinstein rape retrial after jury says they're deadlocked

Harvey Weinstein's third New York City rape trial ended in a mistrial after the jury told the judge it was deadlocked. 

Weinstein, 74, appeared expressionless as court officers ushered him out in his wheelchair.

A majority-male Manhattan jury had been weighing whether Weinstein raped actress Jessica Mann in New York City in 2013. They had been deliberating since Wednesday before writing a note to the judge Friday saying they couldn't reach a verdict.

"We the jury request to let the judge know that the members of the jury have concluded that we cannot reach a unanimous decision," jurors wrote.

An appeals court overturned his 2020 conviction, and a jury has now deadlocked twice in Weinstein's retrial on the Mann case. A hearing was set for June 24 to learn whether prosecutors will choose to go to a fourth trial.

"I am telling the truth"

"Today's decision to declare a mistrial doesn't in any way detract from the truth I told and the violent crimes Harvey Weinstein committed upon me and so many others. I chose to testify in three trials because I am telling the truth," Mann said in a statement. "For years I have had to relive some of the hardest moments of my life while facing attempts to shame, humiliate and discredit me in open court. I submitted myself to the highest standards, transparency, and accountability in coming forward through the justice system - choosing integrity even when the process flayed me open." 

"The power of predators remains too great. I deserve justice, which is why I stand up and face unbearable public scrutiny in the name of a greater good - a world where predators are not in power," she added.

Next steps under review

Manhattan District Attorney Alvin Bragg said they are "deeply disappointed."

"For nearly a decade, Jessica Mann has fought for justice. Over the course of many weeks during three separate trials, she relived unthinkably painful experiences in front of complete strangers. Her perseverance and bravery are inspiring to the members of my office, and more importantly, to survivors everywhere," a statement read.  

Bragg said prosecutors will be consulting with Mann on their next steps. 

During the trial, Mann testified she had a consensual relationship with Weinstein, a top movie mogul at the time, but that she was raped on that particular occasion and had repeatedly said no. 

Weinstein's team argued it was a consensual relationship. They pointed to Mann continuing to see Weinstein after the incident and expressing warm feelings. 

Weinstein has admitted he "acted wrongly" but denies ever assaulting anyone. 

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