By JENNIFER PELTZ<\/p>\n
NEW YORK (AP) \u2014 New York prosecutors said Thursday they\u2019ll drop a rape charge against\u00a0Harvey Weinstein<\/a>, instead of trying the former movie mogul for a fourth time in the #MeToo-era case.<\/p>\n Weinstein still stands\u00a0convicted of another sexual felony<\/a>\u00a0in New York and\u00a0others in California<\/a>, and he is still behind bars. But the New York rape charge had remained unresolved after an\u00a0overturned conviction<\/a>\u00a0followed by\u00a0two hung juries<\/a>.<\/p>\n The Oscar-winning producer denies all the accusations.<\/p>\n The rape charge concerned an allegation that he raped hairstylist and actor\u00a0Jessica Mann<\/a>\u00a0in a Manhattan hotel in 2013.<\/p>\n Mann has testified that she also had a consensual, on-and-off relationship with Weinstein, who was married at the time.<\/p>\n But she\u00a0told jurors she repeatedly tried to leave and said no<\/a>\u00a0to 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.<\/p>\n \u201cAfter a lot of thought and reflection, I have chosen not to proceed with a fourth trial against Harvey Weinstein,\u201d Mann wrote in a letter that a prosecutor read to the court. \u201cIt was clear to me at this last trial I could no longer endure going through this any longer.\u201d<\/p>\n The most recent trial took a visible toll on Mann, 40, who testified for five days and was questioned for the first time about a\u00a0diary-like, soul-baring note<\/a>\u00a0she wrote two days after the alleged rape, which the note did not mention. At one point during her testimony, Mann said she was\u00a0struggling to focus<\/a>, prompting court to wrap up early for the day.<\/p>\n The 74-year-old Weinstein, meanwhile, reported\u00a0chest pains during deliberations<\/a>, spurring another early end to court.<\/p>\n Prosecutor Nicole Blumberg said Thursday that prosecutors believe Mann and hail her \u201cbravery, strength, courage and inspiration\u201d to other survivors, but given her feelings about proceeding, \u201cdismissal is appropriate.\u201d<\/p>\n Weinstein was one of the movie industry\u2019s most powerful figures, a producer of such tastemakers and hits as \u201cShakespeare in Love,\u201d \u201cPulp Fiction\u201d and \u201cChocolat.\u201d<\/p>\n Then a\u00a0series of sexual misconduct allegations<\/a>\u00a0against him became public in 2017,\u00a0fueling the #MeToo campaign<\/a>\u00a0for accountability and eventually leading to criminal charges.<\/p>\n Weinstein was\u00a0convicted<\/a>\u00a0in 2020 of raping Mann. Then an appeals court\u00a0overturned that verdict<\/a>\u00a0for reasons unrelated to her testimony.\u00a0Jury deliberations broke down<\/a>\u00a0at a 2025 retrial, and jurors\u00a0deadlocked again<\/a>\u00a0at\u00a0another retrial<\/a>\u00a0this spring.<\/p>\n The rape charge in this case was a low-level felony punishable by up to four years in prison \u2014 less time than Weinstein already has served. He faces considerably longer sentences on the separate sex crime charges that produced convictions in New York and Los Angeles.<\/p>\n Weinstein\u00a0didn\u2019t testify<\/a>\u00a0at any of the trials, though he complained\u00a0during<\/a>\u00a0and\u00a0after<\/a>\u00a0the 2025 New York retrial that it was unfair; the judge disagreed.<\/p>\n