11:32am PT by Jeremy Barr
Harvey Weinstein Jury Asks Judge About Being Hung on Two Counts
The 12 men and women of the Harvey Weinstein jury pondered the possibility of being hung — or undecided — on two major charges and unanimous on the other charges.
But Judge James Burke told them to continue their deliberations until they reach a verdict on all the charges, after the prosecution said they would not accept a "partial verdict."
In a note Friday afternoon that suggests disagreement among the panel, the jurors asked if they can be hung on the first and third charges — of predatory sexual assault — and unanimous on the other three charges.
The first and third charges are for predatory sexual assault, which are the most serious charges and could net Weinstein a life sentence if convicted.
To convict Weinstein of predatory sexual assault, the jury must be convinced that he committed a first-degree sexual offense against Annabella Sciorra and either Miriam Haley or Jessica Mann, or both.
"As I told you in my initial instructions, any verdict you return, on any count, whether guilty or not guilty, must be unanimous," the judge said. "I will ask you to continue your deliberations."
The other three charges are lesser charges. One, the second count, is a first-degree criminal sexual act charge stemming from the testimony of Haley. The other two charges are for first or third-degree rape charges based on the testimony of Mann.
After dismissing the jury for the weekend, to return to their deliberations at 9:30 a.m. on Monday morning, Burke told them: "Don't do anything that would put your health in jeopardy, because we cannot reach a unanimous verdict without all 12 of you."
The jury has been deliberating since Tuesday morning, and has already sent 10 notes to the judges with requests for information, explanations and re-airings of witness testimony.
On Friday morning, they got a rereading of Sopranos actress Sciorra's Jan. 23 testimony, focusing on the defense's cross-examination of her.
Performing what the judge has described as a "routine," two court stenographers read out the transcript, with one (a man) playing the role of Sciorra and one (a woman) playing the role of lead Weinstein attorney Donna Rotunno. At about 11 a.m., after recessing for a bathroom break, the jury told Burke they'd had enough of the read-back and wanted to go back to their deliberations.