Harvey Weinstein jurors ask judge about hung jury rules
There was drama in the courtroom Monday as deliberations continued in Harvey Weinstein's retrial for a third day in New York City.
Weinstein, 73, is accused of raping a woman in 2013 and sexually assaulting two others 20 years ago. He has pleaded not guilty.
There were signs of difficulty among the jury.
Jurors sent several notes throughout the day. In one note, a juror requested to speak with the judge "about a situation that isn't very good." In the other, the jury requested rules of deliberations and the rules of a hung jury. Judge Curtis Farber clarified, however, that there's no indication that they are actually hung yet.
The judge, juror and attorneys for the defense and prosecution then held a conversation in a separate room.
The jury foreperson told the judge "They are not on the same page. They are talking about different things from the past ... they fight together and I don't like it."
Defense attorney Arthur Aidala has filed several motions for a mistrial, citing juror misconduct.
During Friday's deliberations, a juror asked to be removed over claims that some jurors were acting unfairly. The judge denied that request, and rejected a defense motion for a retrial.
"It's very difficult when you're in Mr. Weinstein's position and you hear someone who's part of the group that are weighing his life say this is not fair and this is unjust, and that's according to his conscience," Aidala said Friday.
The jury is made up of seven women and five men.
Weinstein speaks out in radio interview
In a live interview Monday before court with 77 WABC radio, Weinstein was asked if he had any regrets.
"I would, never world have cheated on my wife. I had a great family situation and I ruined it. It's me. I'm the reason that it was ruined," Weinstein said. "I acted immorally, but as Arthur said I never acted illegally."
Weinstein previously spoke to the court itself briefly, just before deliberations began on Thursday. Jurors were not present when he made his remarks, in which he thanked the court for treating him "incredibly fairly."
Expert says it's unlikely jury will reach a verdict
Criminal defense attorney David Seltser is not involved in the case, but based on the notes, he believes it's unlikely the jury will reach a verdict.
"These notes signal a defense verdict or, in this case, a hung jury and possibly retrial, which is good. This is what they want. They want you to make the state, as a defense attorney, do their job again and again to the point where they say you know what? It's the definition of insanity."
There's no legal limit on how long the jury can deliberate, it's up to the judge's discretion.
Deliberations will resume Tuesday.
What is Harvey Weinstein accused of?
Weinstein has pleaded not guilty to a charge of rape and two counts of committing a criminal sex act.
Former production assistant Miriam Haley testified Weinstein forcibly performed oral sex on her in July 2006. Former model Kaja Sokola also testified he forcibly performed oral sex on her in 2006, when she 19. Sokola was not part of Weinstein's previous trial.
Actress Jessica Mann alleged Weinstein raped her at a New York hotel in 2023.
If convicted, he faces 25 years in prison.
Weinstein's 2020 conviction was overturned last year when the state's highest court ruled the judge should not have allowed testimony from other accusers who were not part of the criminal charges. He was then held at Rikers Island for several months leading up to his retrial.
Weinstein was also convicted in 2022 of sexual assault in Los Angeles and was sentenced to 16 years in prison.