Will the Harvey Weinstein case have to be tried a third time?

 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.

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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.