NEW YORK, NY— Manhattan prosecutors will not retry Harvey Weinstein on a rape charge after accuser Jessica Mann said she does not want to testify again, ending the final unresolved count in the former movie producer's New York sex crimes case.
The Manhattan District Attorney's Office announced it moved to dismiss the remaining third-degree rape charge after consulting with Mann following a mistrial last month.
"To be clear, we believe Ms. Mann's account and her credibility as a witness," the office wrote in a statement.
Mann told the court she would not proceed with a fourth trial against Harvey Weinstein on a rape charge stemming from an alleged 2013 incident in a Manhattan hotel, citing the toll of years of proceedings.
“It was clear to me at this last trial I could no longer endure going through this any longer,” she wrote.
Mann described the legal process as “fragmented, silenced, defamed and traumatized,” and said she experienced additional harm while testifying, including a concussion during the most recent proceedings.
Jurors deadlocked on the charge after three days of deliberations, prompting Judge Curtis Farber to declare a mistrial.
Weinstein had pleaded not guilty and denied allegations that he raped Mann in a Manhattan hotel in 2013.
Prosecutors said Mann testified before two grand juries and three trial juries during an eight-year legal battle.
"This has been an extraordinarily taxing ordeal for her, and she has never wavered while testifying in front of two grand juries and three trial juries over the course of eight years," the statement read.
The office cited Mann's decision not to testify again and Weinstein's conviction for sexually assaulting Miriam Haley when explaining why it would not pursue another trial.
The announcement marks a shift from prosecutors' position after the mistrial, when Manhattan District Attorney Alvin Bragg said his office would consider its next steps in consultation with Mann.
Prosecutors also asked the court to sentence Weinstein to 20 years in prison on the conviction involving Haley.
"We also shared our recommendation to the court that Mr. Weinstein be sentenced to 20 years in prison, which would account for the significant harms his actions have caused Ms. Haley," the office wrote.
Weinstein was first convicted in New York in 2020, but an appeals court overturned that conviction in 2024 and ordered a new trial.
A jury later convicted him of forcibly performing oral sex on Haley but could not reach a unanimous verdict on the charge involving Mann.
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