After the conviction of former film producer Harvey Weinstein on rape and sexual assault charges, a Los Angeles jury failed to reach a unanimous verdict on Tuesday on the alleged aggravating factors that would add to his sentence.
The three counts on which Weinstein was convicted — rape, foreign object sexual assault and forced oral sex — all relate to one of his accusers, Jane Doe 1, a model and actress who testified about the movie mogul’s involvement in the competition. She was beaten in a Foley Hills hotel room in February 2013.
Jurors were asked to determine whether Jane Doe 1 was harmed and especially vulnerable, and whether Weinstein committed the crime with planning, professionalism or sophistication.
Ten members of the jury found that the aggravating factors had been met, but two jurors could not be swayed, one of the jurors told CNN.
“The jury indicated they could not reach a unanimous verdict on these issues,” Los Angeles Superior Court Judge Lisa Lench said, according to a joint report. “I will declare a mistrial on these charges.”
New California law would allow judges to impose harsher sentences if a jury finds Weinstein guilty of aggravating circumstances.
Jurors had deliberated for hours on Tuesday. Neither the prosecution nor the defense pushed for jurors to deliberate further after the jury said further deliberation would not sway them.
When Lench asked prosecutor Paul Thompson Weinstein whether there would be a retrial on the standoff count, the associate reports that he replied, “We need to consult the victims first.”
With Weinstein’s sentencing tentatively set for Jan. 9, Renci has only allowed Doe 1 to provide a victim impact statement. He is expected to serve 18 years.
The disgraced film mogul was found guilty of three of seven charges in a second sexual assault trial on Monday. In 2010, a jury acquitted Weinstein of one count of sexually assaulting a massage therapist in a hotel room. The jury charged one count of bondage sexual assault, one count of forced oral sex and one count of sex with two other women — including Jennifer Siebel Newsom, a filmmaker and Californian Governor Gavin Newsom’s first partner.
Weinstein has pleaded not guilty to all charges against him. His spokesman said he was “disappointed” by the outcome of the trial but “he is prepared to continue fighting for his innocence”.
The verdict came as jurors entered their third week of deliberations, meeting for a total of 41 hours over 10 days after weeks of often emotional testimony.
“Harvey Weinstein destroyed a part of me forever that night in 2013. I will never get it back,” Doe said in a statement released through her attorney. “Criminal trials are brutal. Weinstein’s lawyers had me tortured on the witness stand. But I knew I had to follow through and I did… I hope Harvey Weinstein never sees the outside of a cell as long as he lives .”
The attorney representing Siebel Newsom, identified in court as Doe 4, said they were disappointed the jury could not reach a unanimous verdict on charges related to her client.
“My client, Doe 4, is sharing her story not to testify, but to support all survivors who have bravely come forward,” Fegan said in a statement to CNN. “While we are pleased that the jury found Weinstein guilty on some counts, we are disappointed that the jury was unable to reach a unanimous verdict on Doe 4. She will continue to fight for all women and all survivors of abuse that allow Victims are humiliated and retraumatized in the name of justice.”
Lawyers for Weinstein have appealed two years of his 23-year sentence for his 2020 New York conviction, drawing more attention to the outcome of the Los Angeles trial.
During the weeks-long Los Angeles trial, Weinstein’s accusers — a model, a dancer, a massage therapist and Cybel Newsom — gave emotional testimony — all of whom were accused Asked to restate details of the allegations against him, provide details of a meeting with the producer years ago and explain their reaction to the alleged attack.
Additionally, four women testified that they had been subjected to similar behavior by Weinstein in other jurisdictions.
Weinstein initially faced 11 charges, but four related to an unnamed woman were dropped without explanation. She did not testify at the trial.
In closing arguments, Los Angeles County Deputy District Attorney Marlene Martinez called Weinstein a “giant” who used his power in Hollywood to prey on and suppress women.
Weinstein’s lawyers, meanwhile, insisted the allegations were either fabricated or arose consensually as part of a “transactional relationship” with the filmmaker, and repeatedly said there was no evidence of assault.
Defense attorney Alan Jackson called the plaintiffs “fame and fortune.”
Jane Doe 2, identified as Lauren Young, told her attorney Gloria Allred by phone that she was glad Weinstein was convicted on some counts, even though her charges were acquitted, Allred said at a post-sentencing news conference .
“I am relieved that Harvey Weinstein has been convicted because he deserves to be punished for the crimes he committed and that he can no longer use his power to intimidate and sexually assault more women,” Yang said in a statement read by Allred Say.