NEW YORK (CBSNewYork) — Jurors in the Harvey Weinstein rape trial are asking the judge if they can be deadlocked on two counts.

The jury indicated it’s only able to reach a verdict on three of the five counts against Weinstein.

For now, Weinstein’s fate remains up in the air. He said nothing as he left the tense courtroom Friday, the fourth day of deliberations.

This afternoon, the jury sent the judge a note.

“We the jury request to understand if we can be hung on 1 and or 3 but unanimous on the others,” the note read.

These are the charges they are stuck on: Count 1 is predatory sexual assault. It involves the alleged attacks on Miriam Haley and Annabella Sciorra.

Count 3 is predatory sexual assault involving the alleged attacks on Jessica Mann and Annabella Sciorra.


Annabella Sciorra’s rape claim from the early ’90s is past the statute of limitations for a rape charge, but it is being used for the two counts of predatory sexual assault to show a pattern. If convicted of predatory sex assault, he faces up to life in prison.

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Weinstein is also charged with criminal sexual act in the first degree for allegedly assaulting Miriam “Mimi” Haley at his SoHo apartment in 2006, and rape in the first and third degrees for allegedly attacking Jessica Mann in a Manhattan hotel room in 2013.


In response to the jury’s note, the judge instructed to jury to “continue your deliberations.”

Burke replied saying the jury should continue their deliberations, and the court concluded at 3 p.m. without a verdict. The jury is set to resume the fifth day of deliberations on Monday.

There were signs earlier today that things were getting intense in the jury room when, shortly after 12:30 p.m., they sent a note to the judge saying “10 minute break now. Outside, please.”

Court ended early at 3 p.m. Friday, pre-planned because a defense attorney needs to attend a funeral out of state.

While dismissing the jury, the judge told them to have a good weekend and “don’t do anything that would put your health into jeopardy.”

Earlier on Friday, strong words were exchanged between victims’ attorney Gloria Allred and defense attorney Donna Rotunno, with Rotunno again arguing that she is under a gag order while Allred gives daily press briefings, reported CBS2’s Jessica Moore.

The judge simply said “thank you” and moved on.

Weinstein walked into court this morning directing questions about a potential verdict toward his attorneys.

Three other accusers — Tarale Wulff, Dawn Dunning and Lauren Marie Young — also testified against the disgraced mogul during his month-long trial.

The jury of seven men and five women is considering five counts: two counts of predatory sexual assault, one count of criminal sexual act in the first degree, one count of rape in the first degree and one count of rape in the third degree.

Weinstein pleaded not guilty and says any sexual encounters were consensual.