The jurors asked New York Supreme Court Judge James Burke on Friday to clarify whether they could be unanimous on two charges of rape and one count of criminal sexual act, but remain split on the two charges of predatory sexual assault. “We the jury request to understand if we can be hung on 1 and 3 but unanimous on the others,” read the note.
"It is not uncommon for a jury to believe they will never reach a unanimous verdict but on further deliberation, they are often able to reach a unanimous verdict," Burke told the court and the jury, which is comprised of seven men and five women. He implored them to keep deliberating until they come to a united decision.
Weinstein, 67, is charged with five counts of rape, criminal sexual act, and predatory sexual assault, stemming from accusations by Jessica Mann and Miriam Haley (formerly Haleyi). During the six-week trial, both women testified, along with four other women, including actress Annabella Sciorra; some of them were called as "prior bad acts" witnesses to help prosecutors prove Weinstein had an alleged pattern as a serial predator.
To be convicted of the two counts of predatory sexual assault, the jury must believe that Weinstein committed first-degree sexual assault against Mann, Haley and Sciorra. You can see the breakdown of the charges below. As NBC notes, "the first-degree rape and criminal sex act charges are each punishable by at least five years to 25 years in prison. The third-degree rape charge is punishable by up to four years behind bars."
Weinstein's defense attorneys have argued that the sexual encounters with all the women were consensual; they argued that both Haley and Mann had sex with Weinstein after the alleged attacks, and continued to have friendly contact with him for years afterward.
One of Weinstein's attorneys, Donna Rotunno, got into an argument with Gloria Allred at the court earlier today as well. Rotunno was apparently upset that Allred had allegedly discussed on camera that Rotunno had to attend a funeral over the weekend, necessitating jury deliberations end early today. “You are out of control! I did not say that!” Allred reportedly responded. “Once again, you are distorting the facts!”
The jury has been dismissed for the weekend and will resume deliberations on Monday.