一名纽约州法官宣布哈维·韦恩斯坦三级强奸罪无效性犯罪重审周四，陪审团主席拒绝继续商议后。
周三，陪审团主席告诉法官柯蒂斯·法伯，他害怕与其他陪审员共处一室，因为他声称他们对他大喊大叫，试图改变他的想法。
当被问及周四是否愿意回到议事室时，工头说，“不，对不起。”法伯随后解散了剩下的陪审员。
这位前电影大亨被指控十年前在纽约市对三名女性进行性侵犯。
在无效审判的前一天，陪审团判定温斯坦涉及米米·哈利的一项刑事性行为罪名成立，并宣布他涉及卡贾·索科拉的另一项刑事性行为罪名不成立。
第三项指控与2013年涉嫌袭击有抱负的女演员杰西卡·曼有关。
这三名女性在审判期间都公开站出来作证。
法伯说，他与其余的陪审员交谈，他们告诉他，他们对没有在第三项罪名上做出裁决感到“失望”。
法伯说:“我要说，他们对审议在达成裁决前就结束感到极其失望。”。
法官还说，其余的陪审员没有描述任何像工头描述的不和谐和威胁。
“他们都认为自己参与了一场正常的对话，他们不明白为什么首席陪审员退出了，”法伯说。
曼哈顿地方检察官·阿尔文·布拉格的办公室负责起诉此案，他说，他们周四“立即”通知法庭，在与曼恩协商后，他们准备再次以强奸罪对温斯坦进行审判。
“哈维·韦恩斯坦将为他对海莉小姐的行为负责，他将因此面临很长一段时间的监禁，”布拉格在周四的新闻发布会上说。"但是陪审团无法对曼恩小姐做出结论，这是她应得的。"
布拉格感谢三名女性做出的“巨大牺牲”，称她们“在证人席上度过了几天，在一个充满陌生人的房间里分享了她们一生中最痛苦的时刻。”
“他们的信誉和品格在漫长的盘问中受到了攻击。他们被指责为贪财。他们被称为骗子。他们甚至被告知，他们实际上是施虐者，”他说。"但是他们坚持自己的立场，为此，我非常感激."
温斯坦的律师亚瑟·艾达拉说，他们计划在重审中对定罪提出上诉。
“我们有非常有力的证据表明，在这次审判中，陪审员有严重的不当行为，”艾达拉在法院外告诉记者。“我们中没有人听说过陪审团如此害怕一个身体状况良好的成年男子在将近30岁的时候说，我害怕回到审议室。”
“如果这还不能让人对这里的判决产生怀疑，我不知道还有什么可以。这还没有结束，”他说。
Aidala进一步指控陪审团行为不当，称他们发现陪审员正在考虑审判时不被接受的证据。
根据法官办公室的一份秘密会面记录，首席检察官周一告诉法官，陪审员正在讨论哈维·韦恩斯坦的过去。那天，当法官召集整个陪审团时，他提醒他们只讨论在审判中提出的证据，并保持友好。
当被问及是否会调查所谓的陪审团渎职时，布拉格说，“在陪审团房间内积极而有力的思想交流是我们制度的一个标志，一个重要的标志。因此，从我们在记录中看到的、陪审团的记录和我们的观察来看，这与司法是一致的。”
温斯坦因性侵海利和曼恩被重审，此前他被判有罪上诉被推翻。他还被指控对索科拉进行性侵犯，索科拉没有参加第一次审判。
检察官表示，温斯坦“掠夺”了这三名女性，因为“他在好莱坞拥有不受约束的权力超过30年”，而辩方反驳说，制片人没有胁迫这些女性，并声称她们在利用他的关系。
73岁的温斯坦不认罪，并表示他的性接触是双方自愿的。他在审判中没有作证。
在第三项罪名上的分歧裁决和无效审判是在陪审团审议期间出现一些分歧后做出的。
周三早些时候，陪审团主席给法伯发了一张纸条，告诉他“不能和那些人一起回去。”根据一份文字记录，在一次闭门谈话后，首席检察官向法官抱怨说，陪审员们在互相“攻击”并打架，还说，“我不喜欢这样”。
在没有陪审团在场的情况下，温斯坦周三对法官发表讲话，抱怨陪审团的行为剥夺了他获得公平审判的权利。
“我们听到了威胁，我们听到了争斗，我们听到了恐吓，”温斯坦说。“这对我这个在这里受审的人来说是不合适的。”
法伯提出了一个冷静期，然后陪审团回来说，他们已经对两项犯罪性行为罪做出了裁决。
他们被驳回，并将于周四继续审议强奸罪，法伯提醒陪审员要相互尊重。
在无效审判后，曼恩在一份声明中确认她愿意第三次出庭作证。
“我永远不会放弃自己，并确保我的声音和真相被听到，”她说。“我已经告诉地方检察官，我准备好了，愿意并能够忍受这种情况，只要正义和责任得到伸张。今天不是我战斗的结束。”
曼恩此前在一份声明中表示，她“永远不会在强奸问题上撒谎，也不会用如此创伤性的事情来伤害别人。”
纽约最高法院去年在上诉中推翻了温斯坦最初的2020年定罪，发现审判法官“错误地接受了对潜在犯罪的原告以外的人的未经指控的所谓先前性行为的证词。”
温斯坦也对他的2022定罪关于洛杉矶的性犯罪。他在那里被判16年监禁。
阿依达拉星期四说，他们“非常有信心上诉会成功。”
Judge declares mistrial on rape count in Harvey Weinstein's sex crimes retrial after jury chaos
A New York judge has declared a mistrial on the third-degree rape count in Harvey Weinstein'ssex crimes retrialon Thursday, after the jury foreman refused to return to deliberate.
The foreman had told Judge Curtis Farber on Wednesday that he was afraid to be in the same room with fellow jurors after he claimed they yelled at him to try and change his mind.
Asked if he would be willing to go back to the deliberation room Thursday, the foreman said, "No, I'm sorry." Farber then dismissed the remaining jurors.
The former movie mogul was accused of sexually assaulting three women over a decade ago in New York City.
The mistrial comes a day after the jury convicted Weinstein on one count of criminal sex act involving Mimi Haley and acquitted him of another count of criminal sex act involving Kaja Sokola.
The third count related to an alleged assault on aspiring actress Jessica Mann in 2013.
All three women have publicly come forward and testified during the trial.
Farber said he spoke to the remaining jurors who told him they were "disappointed" they did not get to render a verdict on the third count.
"I will say they were extremely disappointed that deliberations ended before they reached a verdict," Farber said.
The judge also said the remaining jurors did not describe anything like the discord and threats recounted by the foreman.
"They all thought they were involved in a normal discourse, and they don't understand why the foreperson bowed out," Farber said.
Manhattan District Attorney Alvin Bragg, whose office prosecuted the case, said they "immediately" informed the court Thursday that they are ready to try Weinstein again on the rape count after conferring with Mann.
"Harvey Weinstein is going to be held accountable for his conduct as to Miss Haley, and he's facing a very significant term of imprisonment for that," Bragg said during a press briefing Thursday. "But the jury was not able to reach a conclusion as to Miss Mann, and she deserves that."
Bragg thanked the three women for their "immense sacrifices," saying they "spent days on the witness stand sharing the most traumatic moments of their lives in a room full of strangers."
"Their credibility and character were attacked during lengthy cross-examinations. They were accused of being money-hungry. They were called liars. They were even told that they in fact were the abusers," he said. "But they stood their ground, and for that, I am extraordinarily grateful."
An attorney for Weinstein, Arthur Aidala, said they plan to appeal the conviction in the retrial.
"We have very powerful evidence that there was gross juror misconduct at this trial," Aidala told reporters outside the courthouse. "None of us have ever heard of that where a jury is so intimidated a grown man who was in good physical shape in his late 30s saying, I'm afraid to go back into the deliberating room."
"If that doesn't cast doubt on the verdicts here, I don't know what would. This is not over," he said.
Aidala further alleged jury misconduct, saying they found out that jurors were considering evidence not admitted at trial.
The foreperson told the judge on Monday that jurors were discussing Harvey Weinstein's past, according to a transcript of the closed encounter in the judge's chambers. When the judge summoned the entire jury that day, he reminded them to discuss only the evidence presented at trial and to be cordial.
Asked if he would be looking into the alleged jury malfeasance, Bragg said, "Vigorous and robust exchange of ideas within the jury room is a hallmark, an important hallmark, of our system. And so from what we've seen within the record, the jury notes and our observation, this is consistent with the administration of justice."
Weinstein was being retried for sexually assaulting Haley and Mann after his earlier conviction wasoverturned on appeal. He was also charged with sexually assaulting Sokola, who was not part of the first trial.
Prosecutors said Weinstein "preyed" on the three women as "he held unfettered power for over 30 years" in Hollywood, while the defense countered the producer did not coerce the women and claimed they were using him for his connections.
Weinstein, 73, pleaded not guilty and has said his sexual encounters were consensual. He did not testify during the trial.
The split verdict and mistrial on the third count came after some discord in the jury room during deliberations.
Early Wednesday, the jury foreperson sent a note telling Farber he "cannot go back inside with those people." That followed a closed-door conversation during which the foreperson complained to the judge that the jurors were "attacking" one another and fighting -- adding, "I don't like it" -- according to a transcript.
Without the jury present, Weinstein addressed the judge on Wednesday and complained the jury behavior is depriving him of a fair trial.
"We've heard threats, we've heard fights, we've heard intimidation," Weinstein said. "This is not right for me, the person on trial here."
Farber had proposed a cooling-off period, then the jury came back in saying they had a verdict on the two criminal sex act counts.
They were dismissed and set to resume deliberations on the rape count on Thursday, with Farber reminding the jurors to be respectful to one another.
Following the mistrial on the count, Mann confirmed in a statement her willingness to testify for what would be a third time.
"I will never give up on myself and making sure my voice -- and the truth -- is heard," she said. "I have told the District Attorney I am ready, willing and able to endure this as many times as it takes for justice and accountability to be served. Today is not the end of my fight."
Mann previously said in a statement that she would "never lie about rape or use something so traumatic to hurt someone."
New York's highest court overturned Weinstein's initial 2020 conviction on appeal last year, finding the trial judge "erroneously admitted testimony of uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes."
Weinstein has also appealed his2022 convictionon sex offenses in Los Angeles. He was sentenced to 16 years in prison there.
Aidala said Thursday they are "very confident that that appeal will be successful."
