Prosecutors say they are prepared to go to trial for a third time after tension among jurors derails proceedings.

The judge in the sex crimes retrial of disgraced entertainment mogul Harvey Weinstein sex crimes retrial has declared a mistrial on an outstanding rape charge against the movie producer, after the jury foreperson refused to return to deliberate the case amid a jury room feud.

Judge Curtis Farber dismissed jurors in the New York court who had been unable to reach a verdict on the charge that Weinstein raped Jessica Mann.

“Deliberations became heated to such a degree I am obligated to declare a mistrial on the one count on which you didn’t reach a verdict,” Farber declared from the wood-panelled bench, wearing a robe and reading glasses.

Tensions within the jury in the trial have been a source of speculation for several days, and the jury foreperson said that he had been yelled at for refusing to change his vote on the rape count. He said that he felt bullied and said “No, I’m sorry,” when asked on Thursday if he would return to the jury room.