The jury in Harvey Weinstein‘s rape trial in New York has deadlocked, prompting the judge to declare a mistrial.

After three days of deliberations, the jurors were unable to reach a verdict on a charge of third-degree rape for which Weinstein had been tried twice previously.

Judge Curtis Farber gave prosecutors 30 days to decide whether to try the case for a fourth time.

Weinstein, 74, has been incarcerated since his first rape conviction in 2020. He was convicted last June of sexually assaulting Miriam Haley, after the New York Court of Appeals overturned the original guilty verdict. That jury could not reach a verdict on a charge of third-degree rape of Jessica Mann, an aspiring actress, forcing prosecutors to try the count for a third time.

Farber has held off on sentencing Weinstein until the remaining count is resolved. Weinstein was also sentenced in 2023 to 16 years in prison after being convicted of rape in Los Angeles. That verdict is on appeal.