Harvey Weinstein Case Jurors Suggest They're Deadlocked on 2 Counts, Unanimous on Others
The note sparked 20 minutes of whispered conversations among each side's lawyers, with Burke asking for input on how he should guide the jury.
February 21, 2020 at 02:54 PM
3 minute read
The original version of this story was published on New York Law Journal
Harvey Weinstein arrives at a Manhattan courthouse to attend jury selection for his trial Jan. 17. Photo: Mark Lennihan/AP
Jurors in the Manhattan criminal trial of former Hollywood producer Harvey Weinstein went home for the weekend with no verdict after they sent a note to the court indicating they are struggling to reach consensus on two counts of predatory sexual assault, the most serious charges faced by Weinstein.
"We the jury request to understand whether we can be hung on [counts] one and/or three and unanimous on the other charges," the note said, according to Manhattan Criminal Court Judge James Burke.
The other charges involve rape against one woman and criminal sexual act against another. Predatory sexual assault carries a maximum sentence of life in prison.
Burke told the jury to continue deliberating after prosecutor Joan Illuzzi-Orbon said the state would not accept a partial verdict yet. In contrast, Weinstein's defense lawyers said they would accept a partial verdict.
Jurors began deliberating at midday Tuesday and had been told they would have to begin the weekend break at 3 p.m. Friday. Burke read the note when the court returned from its lunch break at 2:15 p.m., saying that it arrived sometime between 1 p.m. and 2:15 p.m.
The note sparked 20 minutes of whispered conversations among each side's lawyers, with Burke asking for input on how he should guide the jury.
At one point, all five of Weinstein's lawyers gathered in a tight circle in a corner, while the former producer sat alone at the defense table. Illuzzi-Orbon conferred with Manhattan District Attorney Cyrus Vance Jr., who was making one of his frequent appearances in the courtroom gallery.
Finally, at about 2:35 p.m., Burke read the jury part of the state's instructions for deadlocked juries. They were dismissed for the weekend less than 30 minutes later.
According to the verdict sheet, the charges against Weinstein are:
Count 1, predatory sexual assault against Miriam Haley and Annabella Sciorra;
Count 2, criminal sexual act against Haley;
Count 3, predatory sexual assault against Jessica Mann and Sciorra;
Count 4, first-degree rape against Mann; and
Count 5, third-degree rape against Mann.
The verdict sheet does not allow for a guilty verdict on all charges as some counts are mutually exclusive.
READ MORE:
Final Week of Harvey Weinstein's Criminal Trial Brings New Challenges to Accusers' Accounts
'Women Have Choices': Harvey Weinstein's Defense Lawyer Says Accusers Must Take Responsibility
Judge in Harvey Weinstein Trial Issues Gag Order in Wake of Defense Lawyer's Op-Ed
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