A mistrial is declared when a jury cannot reach a unanimous verdict after deliberation, as occurred in Harvey Weinstein's third rape retrial where the jury failed to decide on the consistency of the victim's testimony, leaving the case in legal limbo despite the defendant's prior convictions and current imprisonment.
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Judge declares mistrial in Harvey Weinstein’s rape retrial after jury deadlockedAdded:
Disgraced movie mogul Harvey Weinstein's third sex crimes trial ends in a mistrial. We begin with that breaking news. The jury couldn't unanimously decide on whether to convict the ex-Miramax boss of allegedly raping actress Jessica Mann in 2013. Joining me now are Peter Harlambos and also legal contributor Bernarda Villalona. So, Peter, this is the third trial as we mentioned for Weinstein in Manhattan.
What led to the mistrial?
Yeah, this was multiple days of deliberation. The jury sending back a note yesterday saying they were having trouble reaching a verdict and the judge ultimately throwing out the case today after the jury said they could continue to be unable to reach that verdict here.
Really, the central point in this case was whether the testimony from Jessica Mann was consistent. Harvey Weinstein's lawyers have argued that they had an on-and-off relationship and this argument used by their by Weinstein's lawyers can successfully resulted in another mistrial last year. At this point, Manhattan District Attorney Alvin Bragg is thanking Jessica Mann for her testimony and saying that they're thinking about their next options in consultation with her.
So, Bernarda, just your overall reaction and does this now mean that there will be a fourth trial?
Well, this is a very difficult case for the prosecution because just how I've been explained, this is the third time that Harvey Weinstein is being tried in regards to this specific victim of this man. And as time passes, there's more testimony that's out there that she can be cross-examined on. You're also trying to think that there was a complicated relationship because she continued her relationship with Harvey Weinstein even despite these acts. So, I highly doubt that Mr. Bragg will actually go forward with the fourth trial because Harvey Weinstein is already serving a 16-year sentence in California. And also remember that Harvey Weinstein was convicted last year on another count, and he is facing a 25-year sentence in regards to that conviction. Well, on top of all of this, sure doesn't look like he's in good health, Bernarda. And Peter, thank you both.
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