New York prosecutors said on Thursday they are dropping a rape charge against Harvey Weinstein instead of trying him for a fourth time. 

The former movie executive is still convicted of another sexual felony in New York and others in California. The New York rape charge remained unresolved after his third trial in the city. He will stay behind bars. 

An appeals court overturned Weinstein's 2020 conviction, and a jury deadlocked twice in the Weinstein case involving actress Jessica Mann. She has accused Weinstein of raping her in a New York City hotel room in 2013.

The jury in May told the judge it was deadlocked. They had deliberated for about three days before writing a note to the judge saying they couldn't reach a verdict.

"We the jury request to let the judge know that the members of the jury have concluded that we cannot reach a unanimous decision," jurors wrote. 

"Extraordinarily taxing" 

Manhattan District Attorney Alvin Bragg said in a statement that Mann did not wish to testify again. 

"To be clear, we believe Ms. Mann's account and her credibility as a witness. This has been an extraordinarily taxing ordeal for her, and she has never wavered while testifying in front of two grand juries and three trial juries over the course of eight years. We thank her for her honesty and her tremendous bravery," part of the statement read.

Prosecutors also said they recommended Weinstein be sentenced to 20 years in prison for the crimes he was convicted of. 

Details of Weinstein's third trial

During the trial, Mann took the stand, giving nearly two hours of emotional testimony.

She told the jury she had a consensual relationship with Weinstein but was raped in 2013 when she repeatedly said no.

"Today's decision to declare a mistrial doesn't in any way detract from the truth I told and the violent crimes Harvey Weinstein committed upon me and so many others. I chose to testify in three trials because I am telling the truth," Mann said after the trial.  

Weinstein's lawyers argued the relationship was consensual. They said Mann continued to see Weinstein after the incident and expressed warm feelings. 

"The charges by Jessica Mann against Mr Weinstein should never have been brought as Harvey and Jessica were in a loving five-year relationship. The fact that three juries have heard this case without concluding Mr Weinstein committed a crime left the District Attorney with little choice but to dismiss the charges," Weinstein's lawyer said in a statement. 

Weinstein has admitted he "acted wrongly" but denies ever assaulting anyone. 

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