CNN
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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. 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,” said Jane Doe 1 in a statement released through her attorney. “The criminal trial was brutal. Weinstein’s lawyers put me through hell on the witness stand. But I knew I had to see this through the end, and I did … I hope Harvey Weinstein never sees the outside of a prison cell during his lifetime.”
The disgraced movie mogul was found guilty Monday of three of seven charges against him in his second sexual assault trial. The jury acquitted Weinstein of one count 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 forcible oral copulation and one count of rape related to two other women – including Jennifer Siebel Newsom, a filmmaker and first partner to California Governor Gavin Newsom.
Weinstein had pleaded not guilty to all charges against him. His spokesman said he was “disappointed” with the outcome of the trial but “he is prepared 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 a period of 10 days following weeks of oftentimes emotional testimony.
Two jurors who spoke with CNN after they were dismissed from court Tuesday shared their thoughts on the trial, both saying politics played absolutely no role in their deliberations.
“Everyone realized the weight of this trial. There’s a lot riding on this for both sides,” said Michael, a 62-year-old juror who declined to share his last name.
Michael said the contact the accusers had with Weinstein following their alleged assaults was a key factor in deciding the verdict. That was specifically applied to Siebel Newsom, who, according to dozens of emails presented as evidence in the trial, maintained contact with Weinstein.
Michael said he found Jane Doe 1 to be the most convincing.
“We felt horrible for everybody,” but felt like the addition of uncharged witnesses became confusing for some jurors, said Jay, another juror who also declined to share his last name.
“Everybody seemed believable. It’s hard to prove all of them with time and memory,” Jay added.
Elizabeth Fegan, an attorney representing Siebel Newsom, who was identified in court as Jane Doe 4, said they were disappointed the jury could not reach a unanimous verdict on the charges related to her client.
“My client, Jane Doe 4, shared her story not with an expectation to testify but to support all the survivors who bravely came forward,” Fegan said in a statement to CNN. “While we are heartened that the jury found Weinstein guilty on some of the counts, we are disappointed that the jury could not 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 permits the victim to be shamed and re-traumatized in the name of justice.”
Weinstein is two years into a 23-year sentence for a 2020 New York conviction, which his attorneys have appealed, putting more attention on the outcome of the trial in Los Angeles.
The weekslong Los Angeles trial saw emotional testimony from Weinstein’s accusers – a model, a dancer, a massage therapist and Siebel Newsom – all of whom were asked to recount the details of their allegations against him, provide details of meetings with the producer from years ago, and explain their reactions to the alleged assaults.
Additionally, four women testified they were subjected to similar behavior by Weinstein in other jurisdictions.
Weinstein initially faced 11 charges, but four counts connected to an unnamed woman were dropped without explanation. She did not testify in the trial.
In closing arguments, Los Angeles County Deputy District Attorney Marlene Martinez called Weinstein a “titan” who used his power in Hollywood to prey on and silence women.
Meanwhile, Weinstein’s attorneys maintained the allegations are either fabricated or occurred consensually as part of a “transactional relationship” with the movie producer, repeatedly saying there is no evidence of assault.
Defense attorney Alan Jackson called the accusers “fame and fortune seekers.”
Jane Doe 2, who was identified as Lauren Young, told her attorney Gloria Allred by phone that she was happy Weinstein was convicted on some counts despite there being a mistrial on her count, Allred said in a news conference after the verdict.
“I am relieved that Harvey Weinstein has been convicted because he deserves to be punished for the crimes that 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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