The jury had been weighing whether the disgraced mogul carried out the rape of Jane Doe 1 with planning, sophistication or professionalism
The judge in Harvey Weinstein’s Los Angeles trial declared a mistrial Tuesday on aggravating factors that could have lengthened the disgraced mogul’s prison sentence.
The jury had been weighing whether Weinstein carried out the rape of a Russian model and actress dubbed Jane Doe 1 with planning, sophistication or professionalism, and whether Jane Doe 1 was particularly vulnerable.
Weinstein faces up to 18 years in prison from his conviction in the main portion of the trial, in which he was found guilty on three of seven counts. That total could have risen to 24 years if the jury had agreed the aggravating factors have been met.
On Tuesday, Superior Court Judge Lisa Lench informed the L.A. courtroom before the jury came in that it was deadlocked and she would not be asking them to deliberate further and would declare a mistrial.
On hearing the news, Weinstein clasped his hands as if in prayer and stared at the jury as Lench thanked them.
“It has been a long road,” she said. “You have weathered it remarkably.”
Weinstein is still set to be sentenced for the three counts he was convicted on. Asked by defense attorney Mark Werksman for a speedy sentencing by Jan. 9, Lench said she was unsure if that was possible. Prosecuter Paul Thompson also said the district attorney’s office needs to decide whether they are going to retry Weinstein on the hung counts.
Regarding sentencing, Lench said she would allow a victim impact statement from only Jane Doe 1.
