It sure looks like it after a wild couple of days of deliberations and a split verdict. From Deadline:
Under personal and judicial duress, the jurors just informed Judge
Curtis Farber that they have reached a split verdict: guilty on Count 1
of a criminal sexual act in the first degree against Miriam Haley, not
guilty of the same charge involving Kaja Sokola and no verdict on
Jessica Mann. In this retrial, each count of first-degree criminal
sexual act carries a maximum sentence of 25 years.
***
The jury revealed its partial ruling at the request of Judge Farber,
who sent the panelists home early today to allow them time away from one
another before they resume their deliberations tomorrow on the last
remaining, undecided charge involving Mann. In the return to
deliberations, it appears the judge is going to have a court officer
take the worried foreman to the jury room.
This afternoon, the group including the judge, the foreman and lawyers
including defense lawyer Arthur Aidala and Manhattan Assistant District
Attorney Matthew Colangelo, left the courtroom for more than 20 minutes
for the interview with the foreman. The foreman told the judge in his
chambers that another juror said to him, “Oh, we will see you outside”
because he was refusing to change his opinion — which he didn’t disclose
— and that he was “concerned for my safety,” according to a transcript
of the private hearing released this afternoon by court officials.
After excusing the juror, Farber said to the lawyers that the dispute
sounded to him like “schoolyard nonsense,” echoing comments from another
juror who had complained on Friday of “playground” behavior, including
some jurors “shunning” one another and talking behind another juror’s
back.
When the judge and the lawyers finally returned to the courtroom —
without the foreman, and with the rest of the jury still waiting outside
the courtroom — Farber said, “In a nutshell, there does appear to be be
some fighting in the jury room.”
Farber said he was inclined to send the jury home early to “give them a
chance to get some air, cool down,” but he also said he would ask them
if they have reached a verdict on any of the counts.
As these near-unprecedented circumstances unfold, Weinstein himself
addressed the judge this morning and asked for a mistrial. “Your honor,
this is a profile in courage moment for you,” Weinstein, seated in his
wheelchair, began, sounding like he was in pitch mode. “This is my life
that’s on the line, this is not fair,” said the defendent, who saw his
23-year sentence from a 2020 conviction dismissed by an appeals court
last year. “I’m not getting a fair trial,” the ailing, 73-year-old added
to Judge Farber.
As he has before, the judge rejected the request for a mistrial.