After convicting former film producer Harvey Weinstein of rape and sexual assault, a Los Angeles jury could not reach a unanimous verdict Tuesday on alleged aggravating factors that could have increased his sentence.
After convicting former film producer Harvey Weinstein of rape and sexual assault, a Los Angeles jury could not reach a unanimous verdict Tuesday on alleged aggravating factors that could have increased his sentence.
The three charges Weinstein was convicted of – rape, sexual penetration by foreign object and forcible oral copulation – were all tied to one of his accusers, Jane Doe 1, a model and actress who testified the movie mogul assaulted her in a Beverly Hills hotel room in February 2013.
Jurors were asked to determine if Jane Doe 1 was harmed and particularly vulnerable, and if Weinstein committed the crimes with planning, professionalism, or sophistication.
Ten members of the jury found the aggravating factors had been met, but two jurors could not be swayed, one of the jurors told CNN.
“The jury has said they are not able to reach a unanimous verdict on these issues,” Los Angeles Superior Court Judge Lisa Lench said, according to a pool report. “I am going to declare a mistrial with respect to the allegations.”
Had the jury found Weinstein guilty of the aggravating factors, a new California law would have then allowed the judge to enact a harsher sentence.
Jurors had deliberated for several hours Tuesday. After the jury indicated further deliberations would not sway them, neither the prosecution or the defense pushed to have the jurors deliberate further.
When Lench asked prosecutor Paul Thompson if Weinstein will be retried on the deadlock counts, the pool report said he responded: “We need to consult the victims first and foremost.”
Weinstein’s sentencing was tentatively set for January 9, with Lench allowing only Jane Doe 1 to offer a victim impact statement.
