Jurors weighing Harvey Weinstein’s fate pleaded for a dose of caffeine as their grueling deliberations continued Monday — with yet another dramatic revelation about apparent dysfunction in the jury room.
The third day of deliberations in Weinstein’s Manhattan sex-crimes retrial ended without a verdict, and with a request from jurors for a cup of Joe when they return Tuesday morning.
“We the jury request coffee, tomorrow morning for energy,” read a note sent to Manhattan Supreme Court Justice Curtis Farber.
It came after more drama unfolded in the morning, when the panel sent notes to the court asking to be reminded of the definition of reasonable doubt and how to avoid a hung jury.
A separate note accompanied that request, sent by the foreman, Juror No. 1, who said he needed to speak to the judge “about a situation that isn’t very good.”
Juror No. 1, who had asked late Friday to speak to the court before changing his mind, expressed concern about “something going on in the jury room” — later revealing that jurors have discussed Weinstein’s general past.
“They are pushing people, talking about his past,” the juror said in a closed-doors meeting with attorneys, according to a transcript of the conversation.
It’s unclear what exactly from the disgraced Hollywood honcho’s checkered past jurors were whispering about — but the disclosure was enough for Weinstein’s attorney, Arthur Aidala, to demand an end to deliberations.
“He’s coming to us crying for help. We don’t send him into the lion’s den without taking any action,” Aidala cried out in the meeting, before asking the judge for a mistrial.
“There is a tainted jury, there’s jury misconduct.” Aidala charged. “There’s information in the jury room that we now know… People are considering things that were not in this trial as evidence.”
Farber ultimately denied Weinstein’s latest mistrial bid — the second such request made by Aidala over what appeared to be rising tension between jurors.
The attorney also made a failed bid for a mistrial Friday after Juror No. 7, described as a 25-year-old “computer kid,” asked to be dismissed from the case, saying that “playground stuff” had broken out among the groups, with some on the jury gossiping about one of their own.
“The experience I’ve had in the day-and-a-half here, in good conscience, I don’t think this is fair and just,” he told the court Friday morning when he was brought to the witness box to explain why he wanted to quit.
Aidala, while arguing for the case to be tossed, said the judge should have questioned the juror further to inquire about the drama.
But Farber shot down the bid, dismissing the juror’s concerns as nothing more than typical “abnormal tensions during deliberations.”
The judge’s guidance was confirmed by another juror, Juror No. 10, who provided a positive deliberations update just before noon Monday.
“I just basically wanted to give the temperature. I think that things are going well today,” the woman said. “The tone is very different today. We’re making headway.”
The jury sent a flurry of notes to the court Monday — including asking for a re-reading of trial testimony from clinical psychologist Lisa Rocchio, who had explained why sexual assault victims might maintain contact with their attackers.
They also asked for a laptop with emails and evidence from the testimony of Jessica Mann, a former actress who cried during her time on the stand as she graphically detailed an alleged 2013 rape by Weinstein.
But the panel was notified that their coffee ask would be a “tough no” — because the state doesn’t provide anything but lunch for jurors during trials.
“As much as I would love to give you coffee, I’m powerless,” the judge said, drawing a smile from jurors before he suggested they all chip in to buy a jug of Joe from Dunkin’ Donuts.
The jury will resume its deliberations on Tuesday morning.
Weinstein, 73, was originally found guilty at trial in 2020 of criminal sex act and rape and given a 23-year prison sentence — but New York’s highest court tossed the conviction last year.
The fallen Miramax founder faces up to 25 years in prison at his retrial on two counts of first-degree criminal sexual act, and four years in prison on third-degree rape.
He has pleaded not guilty.
