Harvey Weinstein's New York rape charge dropped after accuser says she can't endure a fourth trial

NEW YORK (AP) — Harvey Weinstein avoided a fourth trial on a New York rape charge after his accuser said she could not endure testifying again, leading prosecutors to drop the #MeToo-era case on Thursday.

The movie mogul still stands convicted of another sexual felony in New York and others in California, and he remains behind bars. But the New York rape charge had remained unresolved after an overturned conviction followed by two hung juries. The judge formally dismissed the charge Thursday.

Weinstein had a neutral expression as court officers led him out of court in his wheelchair. The Oscar-winning producer denies all the accusations.

The rape charge concerned an allegation that he raped hairstylist and actor Jessica Mann in a Manhattan hotel in 2013. Mann has testified that she also had a consensual, on-and-off relationship with Weinstein, who was married at the time.

But she told jurors she repeatedly tried to leave and said no to any sexual activity as he cornered her in the hotel room. She said he persevered, demanding that she undress and grabbing her arms, until she was afraid to keep protesting.

“After a lot of thought and reflection, I have chosen not to proceed with a fourth trial against Harvey Weinstein,” Mann wrote in a letter that a prosecutor read to the court. “It was clear to me at this last trial I could no longer endure going through this any longer.”

The trial took a visible toll on Mann, 40, who testified for five days and was questioned for the first time about a diary-like, soul-baring note she wrote two days after the alleged rape, which the note did not mention. At one point during her testimony, Mann said she was struggling to focus, prompting court to wrap up early for the day.

Prosecutor Nicole Blumberg said Thursday that prosecutors believe Mann and hail her “bravery, strength, courage and inspiration” to other survivors, but given her feelings about proceeding, “dismissal is appropriate.”

The 74-year-old Weinstein, meanwhile, reported chest pains during jury deliberations in the most recent trial, spurring another early end to court.

“The interests of justice would have never been to bring this case at all,” defense lawyer Jacob Kaplan said.

Weinstein was one of the movie industry’s most powerful figures, a producer of such tastemakers and hits as “Shakespeare in Love,” “Pulp Fiction” and “Chocolat.”

Then a series of sexual misconduct allegations against him became public in 2017, fueling the #MeToo campaign for accountability and eventually leading to criminal charges.

Weinstein was convicted in 2020 of raping Mann. Then an appeals court overturned that verdict for reasons unrelated to her testimony. Jury deliberations broke down at a 2025 retrial, and jurors deadlocked again at another retrial this spring.