NO VERDICT: Jury In Cosby Trial To Resume Deliberations Wednesday

NORRISTOWN, Pa. (CBS/AP) — After a second day of deliberation the jury in the Bill Cosby sexual assault case has called it a night.

Tuesday’s deliberation lasted roughly 12 hours.

The jury is weighing charges that could send Bill Cosby to prison for the rest of his life.

As Cosby walked out of the courtroom on Tuesday night, he only commented with a “hey, hey, hey,” –the well-known catch phrase from the  70s animated character Fat Albert.

Earlier in the day, Judge Steven O’Neill spent an hour rereading pieces of Cosby’s deposition from 2005. The jury wanted to revisit the portion of the deposition where the comedian, now 79, talked about giving Andrea Constand “three friends.”

“She sat with her back to the kitchen wall,” Cosby said. “And there was talk of tension, yes, about relaxation and Andrea trying to learn to relax the shoulders, the head, et cetera. And I went upstairs and I went into my pack and I broke one whole one and brought a half down and told her to take it.”

“Your friends,” Cosby said he told her. “I have three friends for you to make you relax.”

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Cosby later told police the pills were Benadryl, an over-the-counter cold and allergy medicine. Constand — then an athletic, 6-foot-tall college basketball staffer — said they made her dazed and groggy, and unable to say no or fight back when Cosby went inside her pants.

As they pored over Cosby’s words, the jurors appeared to struggle with some language in one of the charges against him: “without her knowledge.” The jury is considering three counts of felony aggravated indecent assault; the third count covers Cosby’s alleged use of pills to impair Constand before groping her breast and genitals.

The jury asked about the phrasing Tuesday morning, but O’Neill said he couldn’t define it for them.

The jury came back later Tuesday and asked to hear testimony about the initial police report Constand filed with Durham police in 2005.

With how long the deliberations have lasted, Cosby’s legal team is confident and cautiously optimistic.

“The DA’s closing arguments, he put a lot of fiction in those arguments to try and sway the jury and I think that’s what the jury is looking at now,” said Cosby spokesman Andrew Wyatt.

Wyatt added, “This jury, they’re intelligent. They’re asking the right questions, and he feels confident they will come back and make the right decision.”

The defense insisted throughout the trial that Constand hid the fact they’d had a romantic relationship before the early 2004 encounter when she went to police a year later. Cosby, his lawyer said, never ran from talking to police, for better or worse.

“He never shuts up,” lawyer Brian McMonagle said of his client in closing arguments Monday morning.

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Nonetheless, the comedian whose storytelling artistry fueled a $400 million fortune went quiet Monday when he had the chance to take the stand. The defense started and ended its case Monday with six minutes of repeat testimony from a detective.

Cosby couldn’t risk taking the stand and being cross-examined about the 60 other accusers if he denied ever drugging or molesting anyone.

Constand, by contrast, testified for more than seven hours last week. She had waited 12 years for her day in court. Authorities had declined to charge Cosby when she first came forward in 2005. Then the other women started coming forward.

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Her lawsuit against him had elicited four days of testimony from Cosby about his sexual conduct with some of them. The testimony, unsealed in 2015, wasn’t pretty coming from the beloved TV dad.

“Think about that, in terms of the courage Andrea Constand has shown,” District Attorney Kevin Steele said in forceful closing arguments as Constand sat with detectives, her mother and other accusers in the front row.

The defense had tried repeatedly since Cosby’s Dec. 30, 2015, arrest to have the case shut down. They said the charges were filed too late. They said the accusers were after money. They complained that prosecutors were improperly striking blacks from the jury chosen in Pittsburgh.

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And all along, they said Constand was a willing romantic partner.

McMonagle cited gifts and phone calls between Cosby and Constand to show she was more than a college sports staffer trying to placate a powerful Temple University trustee.

“This isn’t talking to a trustee. This is talking to a lover,” McMonagle said of one phone call that lasted 49 minutes. “Why are we running from the truth of this case — this relationship? Why? I don’t understand it.”

Camille Cosby sat stoically in the first row behind her husband of 53 years at the defense table, about 30 feet from Constand.

Gloria Allred, who represents some of Cosby’s accusers, believes he is guilty.

“We have Mr. Cosby’s own admission under oath that he provided three pills, that she didn’t consent, Andrea, that he found Andrea Constand to be truthful and that he digitally penetrated her and groped her breasts after she had taken those pills. The only issue in this case is consent,” Allred said.

Cosby faces up to 10 years in prison on each of the three counts, but they could be merged for sentencing purposes.

(TM and © Copyright 2017 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2017 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)


One Comment

  1. all he did was give her his jello pudding pop

  2. Only a total idiot would think Mrs. Cosby didn’t know what was going on. Same with Mrs. Sandusky.

  3. Terry Gandy says:

    “As they ‘pored’ over Cosby’s words….”

    Are you kidding me? Forget about journalism, what’s happened to spelling???

    1. Actually, it’s the correct word. It means, “to study.”

  4. Vox Veritas says:

    Hey…Hey…Hey…It’s adulterous sexual predator Albert!

  5. Hey, hey, hey! Rope, rope, rope! Tree, tree, tree!

  6. Just like Jews infected Germany in WWII…and blacks were rapists and lazy during the Jim Crow era…because “a lot” of people said so.

    Stereotypes exist because they’re largely true, (((libt ard))).

  7. Jimmy Green says:

    Any “man” needing to drug a woman to have sex is NOT a man. He is a serial predator. Cosby is a sick compulsive, and untruthful POS. If they convict he will simply appeal and appeal and appeal.. He will never see prison, BUT he will be judged eventually when he dies.

    1. John Clark says:

      Is alcohol a drug? Of course it is. Ever fed some to a sexual prospect? Of course you have. End of case.

  8. Arizona Jim says:

    I can’t help but wonder why she waited 12 years for her day in court and not much sooner.

    1. She DIDN’T wait. The cowardly prosecutors dropped the case in 2005.

  9. Two blacks on the jury = 10 to 2 hung jury.

    1. Jimmy Green says:

      Yes unfortunately the jury is stacked and these two will expect payment for their incompetent loyalty when he writes a check.

    2. He is not a black conservative he supported Obama and Hillary

  10. John Long says:

    I guess it depends on what the definition of Is Is

  11. An ironic shame. Such a helper of children, non profane comedian and a man made into the premium clean example(Mr. Huxtable) of his race by the media (The ultimate -IKAGO) turned out to be an extreme serial rapist. Yes surely many of these women were/are “gold-diggers” , but on the flip-side , the numbers and the repetitions of behavior, and also what he has said/admitted of himself are damning.

    1. Rico Soiree says:

      > “a man …turned out to be an extreme serial rapist.”

      Just like Jews infected Germany in WWII…and blacks were rapists and lazy during the Jim Crow era…because “a lot” of people said so.

      Why or why can’t we bring back show trials, kangaroo courts, and Inquisitions where rumors=facts?

      1. Bob Price says:

        give it up man, you’re only making you and cosby look worse than he already does.. now you’re calling over 60 women a liar, and insinuating they are gold diggers. You little 1 liners to anyone that brings facts into this serial rapists tale, is just really embarrassing to watch, for everyone. this guy is guilty as sin. everyone knows it. if he skates, its only for the same reasons OJ skated on a double murder. He and cosby Got just as much justice as they could afford. so did the 60 women he raped and the 2 people OJ murdered viciously. you are nothing more that disgusting enabler.

  12. Mark Mach says:

    Just like OJ’s trial, the jury is stacked. Wake up folks!

  13. Samuel Green says:

    Benadryl even at 5x the average dose of 50mg does not knock one out nor does it make you unable to function. With a 250mg dose, an average size person would only feel sleepy. This is why most nursing homes use Benadryl. Due to it being relatively safe.

    The ‘friends’ Cosby gave to these woman wasn’t this. Or of it was given, it was given with something A LOT stronger

    1. Rico Soiree says:

      Samuel Green: >”Benadryl even at 5x the average dose of 50mg does not knock one out”

      And we know she was knocked out…just like we “knew” women were raped at Duke, Hofstra, Columbia, Tufts, UVA and other places when, in fact, they l-i-e-d.

  14. Terry Hinkle says:

    What about the other “BILL” RAPIST “BILL CLINTON” when is his trail?

    Where is the justice in this country?

    Hiltlery for Prison.

  15. Who calls their rapists 53 times after the rape, and spends hours on the phone with them? Who goes out shopping, the day after the rape, and buys their rapist the gift of a sweater, and gives it to them as a present? Who asks their rapist, for tickets to their show, for her entire family, then takes her entire family to see their rapist live? Who tells police she was never alone with her rapist, then walks back that statement, once she figures out her mistake, because there were no witnesses, then remakes her new story to fit the supposed rape?

    She’s a liar and a gold digger. She knew what she was doing, now she wants some money.

    1. Samuel Green says:

      Abriana, Not to bust your bubble, but you’re very naive. Sometimes rape victims get abused for years, especially when the rapist is a close friend, co-worker or family.

      If you don’t think that’s possible, then you’re stuck on stupid.

      1. Rico Soiree says:

        Samuel Green: Not to bust your bubble, Sam, but women lie. If you don’t think that’s possible, then you’re stuck on stupid, prolly a mangina, and possible the king of cucks.

  16. can you believe this. She says “I am sore and have a headache, He says here are a couple benedryls and thirty years later this is twisted to “He drugged me” And all because Cosby was a black conservative who dared to speak out against the DNC? Are you kidding me. She needs to pay 100% for this suit, compensate Cosby for his time and the idiot judge needs to be fired immediately.

    1. I wouldn’t call him a “black conservative”, really. He’s a centrist, at best. He just calls BS when he sees it, and the Left can’t have that. If he won’t stay on the Democrat plantation, he needs to be put in prison. That’s the way of “tolerant”, fascist Left.

      1. That’s how I always saw him. Been a fan since the late 60’s.

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