After former film producer Harvey Weinstein was found guilty of rape and sexual assault, a Los Angeles jury was unable to reach a unanimous verdict on Tuesday on alleged aggravating factors that could have increased his sentence.
The three charges on which Weinstein was convicted — rape, sexual penetration by a foreign object, and forced oral intercourse — were all related to one of his accusers, Jane Doe 1, the model and actress who testified that the movie mogul assaulted her in a Beverly Hills hotel room in February 2013.
Jurors were asked to determine whether Jane Doe 1 was particularly damaged and vulnerable, and whether Weinstein committed the crimes by planning, professionalism, or sophistication.
One juror told CNN that ten jurors found aggravating factors were met, but two jurors could not be influenced.
“The jury said it was unable to reach a unanimous verdict on these issues,” said Los Angeles Superior Court Judge Lisa Lynch. “I will be declaring a mistrial regarding the allegations.”
Had the jury found Weinstein guilty of aggravating factors, a new California law would have allowed the judge to enact a more severe sentence.
The jury deliberated for several hours on Tuesday. After the jury indicated that further deliberation would not affect them, neither the prosecution nor the defense pushed to have the jurors deliberate further.
When Lynch asked Attorney General Paul Thompson if Weinstein would be retried in the stalemate, the caucus report said he replied, “We need to consult the victims first and foremost.”
Sentencing for Weinstein was tentatively set for January 9, with Lynch only allowing Jane Doe 1 to file a victim impact statement. He is expected to serve 18 years.
“Harvey Weinstein forever destroyed a part of me that night in 2013. I will never get that back,” Jane Do1 said in a statement released through her attorney. The criminal trial was brutal. Weinstein’s lawyers have put me through hell on the witness stand. But I knew I had to see this through to the end, and I did… I hope Harvey Weinstein never saw the outside of a prison cell during his lifetime.”
The disgraced film mogul was found guilty Monday of three of seven counts of sexual assault against him in his second trial. A jury acquitted Weinstein of a charge of sexual battery by restraint against a massage therapist in a hotel room in 2010.
They were a hung jury on one count of sexual battery by restraint, one count of forced oral intercourse and one count of rape involving two other women — including Jennifer Seibel Newsom, director and senior partner of California Gov. Gavin Newsom.
Weinstein has pleaded not guilty to all charges. His spokesperson said he was “disappointed” with the outcome of the trial but was “ready to continue fighting for his innocence”.
The verdict was reached as jurors entered their third week of deliberations, meeting for a total of 41 hours over 10 days after weeks of often emotional testimony.
Two of the jurors who spoke with CNN after being evicted from court on Tuesday shared their thoughts on the trial, and both said politics played absolutely no role in their deliberations.
Everyone understood the importance of this trial. “There’s a lot riding on this for both sides,” said Michael, a 62-year-old juror who declined to give his last name.
Michael said that the contact the defendants had with Weinstein after their alleged assaults was a major factor in deciding the verdict. This specifically applied to Siebel Newsom, who, according to dozens of emails presented as evidence at trial, maintained contact with Weinstein.
Michael said he found Jane Doe 1 the most compelling.
“We were freaked out for everyone,” said Jay, another juror who declined to give his last name, but felt the addition of non-accused witnesses had become confusing for some jurors.
Everyone seemed believable. “It’s hard to prove each of them with time and memory,” Guy added.
Elizabeth Fegan, the attorney representing Siebel Newsom, identified in court as Jane Doe 4, said she was disappointed that the jury was unable to reach a unanimous verdict on the charges related to her client.
“My client, Jane Doe 4, shared her story not with the expectation of testifying but in support of all survivors who have so bravely come forward,” Fegan said in a statement to CNN. “While we are encouraged that the jury found Weinstein guilty on some counts, we are disappointed that the jury was unable to reach a unanimous verdict on Jane Doe 4. She will continue to fight for all women and all survivors of abuse against a system that allows victim shaming and retraumatization in the name of Justice “.
Weinstein served two years of a 23-year prison sentence for his 2020 New York conviction, which his lawyers have appealed, giving more consideration to the outcome of the trial in Los Angeles.
The weeks-long Los Angeles trial saw emotional testimony from Weinstein’s accusers — a model, dancer, massage therapist and Siebel Newsom — all asked to recount details of their allegations against him, and to provide details of encounters with the producer years ago. and explain their reactions to the alleged assaults.
In addition, four women testified that they had been subjected to similar behavior by Weinstein in other jurisdictions.
Weinstein initially faced 11 charges, but four charges linked to an unnamed woman were dropped without explanation. Did not testify at trial.
In closing arguments, Deputy Los Angeles County District Attorney Marilyn Martinez called Weinstein a “giant” who used his power in Hollywood to exploit and silence women.
Meanwhile, Weinstein’s attorneys have maintained that the allegations were either fabricated or occurred consensually as part of an “adult relationship” with the film’s producer, repeatedly saying there was no evidence of assault.
Defense attorney Alan Jackson described the defendants as “seekers of fame and fortune”.
Jane Doe 2, identified as Lauren Young, told Gloria Allred’s attorney by phone that she was glad Weinstein was found guilty on some counts despite a mistrial, Allred said at a post-sentencing news conference.
“I am relieved that Harvey Weinstein has been found guilty because he deserves to be punished for the crimes he committed, and he can no longer use his power to intimidate and sexually assault more women,” Young said in a statement read by Allred.
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