A judge in Manhattan declared a mistrial last week in the retrial of Harvey Weinstein after the jury was unable to reach a unanimous verdict. The former film producer, 74, faced charges related to the alleged rape of aspiring actress Jessica Mann in a New York hotel room in 2013.

Weinstein was initially convicted of the assault in 2020, but that verdict was overturned by the New York Court of Appeals earlier this year due to the inclusion of improper testimony during the trial. His retrial on charges connected to Mann’s case began last year, during which he was convicted of criminal sexual assault involving a different accuser. However, the jury remained deadlocked specifically on the charge involving Mann, leading the judge to declare a mistrial.

Weinstein’s defense team has maintained that his relationship with Mann was consensual and that their encounter at the hotel was mutual. Despite this, Weinstein has been convicted by unanimous juries in multiple sex crime cases across two states and is currently serving prison sentences for those offenses.

The Manhattan District Attorney’s Office, led by Alvin Bragg, now faces the decision of whether to pursue a fourth trial in the Mann case. This comes as Weinstein continues to serve time following his previous convictions.