After More Than 50 Hours, Deadlocked Jury Will Resume Deliberations Saturday

NORRISTOWN, Pa. (CBS/AP) —Jurors in Bill Cosby’s suburban Philadelphia sexual assault trial are wrapping up for the night, still at an impasse after more than 50 hours of deliberations.

They will return Saturday morning for the sixth day of deliberations.

Cosby spoke for the first time to the media since the trial began, thanking the jury and urging supporters to remain calm as he left the courthouse.

“I want to thank the jury for their long days—their honest work, individually. I also want to thank the supporters who have been here. Please, to the supporters, stay calm, do not argue with people, just keep up the great support,” Cosby said.

Judge Steven O’Neill says he’s compelled by law to allow deliberations to go on for as long as the jury wants. He told the jurors to keep trying for a verdict after they said Thursday they were deadlocked.

The judge praised the jurors again before letting them return to their hotel Friday night. He says he sees “nothing but hard work, dedication, fidelity” to their oath. He adds “tonight, just rest.”

The jury has been asking questions for much of Friday. Their questions have ranged from seeking phone records and testimony of Andrea Constand and her mother.

At one point Friday afternoon, they doubled-up and asked for the same testimony twice.

Judge Steven O’Neill said he wasn’t going to do that.

One juror appeared to be napping while the jury was hearing testimony regarding phone calls Constand made to Cosby.

Since beginning deliberations on Monday, they have asked 12 questions and passed one note to the judge.

O’Neill also came down sternly on defense attorney Brian McMonagle, warning him to avoid moving for mistrial after mistrial without presenting case law to back up claims the lengthy jury deliberations should result in a mistrial.

The judge says there will be no mistrial based on the long deliberations.

He also went after Cosby’s publicist, Andrew Wyatt, after Wyatt declared Thursday that the deadlocked jury was somehow a win and vindication for the Cosby team.

O’Neill explained to Cosby the exact meaning of “mistrial” after concerns about his publicist’s comments on the case.

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Wyatt responded to reporters Friday afternoon.

“I will continue to speak on his behalf. If I see something that should be taking place and something that’s not taking place I will say those things,” said Wyatt. “I’m not going to be shy about saying it. Hey, I was glad the judge shouted me out. I think he might want me to be his publicist for St. Patrick’s Day when he walks down that hallway.”

Legal experts say the judge took important steps to shore-up the integrity of the proceedings against wild speculation that some have pushed outside the courthouse.

“The judge wants to be absolutely sure that Bill Cosby doesn’t claim his lawyer didn’t tell him that you can be retried if there is a mistrial,” said Dennis McAndrews.

The new round of deliberations is raising the prospects that Cosby’s sexual assault trial will end with a verdict instead of a hung jury.

Cosby took to Twitter Friday afternoon to thank his supporters.

“Thank you to all my fans and supporters — here in Norristown and worldwide,” Cosby tweeted.

Outside the courthouse Friday evening, a group of people chanted, “Let Bill go!”

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Cosby is charged with three felony counts of aggravated indecent assault stemming from Constand’s allegations that he drugged and violated her at his suburban Philadelphia home in 2004.

Each count carries a maximum 10-year prison term, though the counts could be merged at sentencing if Cosby is convicted.

Cosby’s lawyer said he and Constand were lovers sharing a consensual moment of intimacy.

The jury of seven men and five women have deliberated for nearly 40 hours since getting the case Monday.

Cosby’s spokesman said the impasse showed that jurors doubted Constand’s story.

“They’re conflicted about the inconsistencies in Ms. Constand’s testimony,” Wyatt said. “And they’re hearing Mr. C.’s testimony, and he’s extremely truthful. And that’s created this doubt.”

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Constand’s lawyer, Dolores Troiani, said only that the “jury is apparently working very hard.” The district attorney’s office declined to comment.

Dozens of women have come forward to say Cosby had drugged and assaulted them, but this was the only case to result in criminal charges.

The jury must come to a unanimous decision to convict or acquit. If the panel can’t break the deadlock, the judge could declare a hung jury and a mistrial. In that case, prosecutors would get four months to decide whether they want to retry the TV star or drop the charges.

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The case has already helped demolish his image as America’s Dad, cultivated during his eight-year run as kindly Dr. Cliff Huxtable on the top-rated “The Cosby Show” in the 1980s and ’90s.

(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.)

Comments

One Comment

  1. 2 blacks on the jury = 10 to 2 hung jury.

  2. Seriously, when the defense attorney only takes 6 minutes for closing comments, you have to ask yourself, did somebody get paid off?

    1. It`s a statement to the jury that we are so confident the prosecution has no case, that we only need 6 minutes. I guess it`s a gamble of sorts, but they said a lot in closing arguments I understand

  3. Black covering up for black regardless of what it is. They are beasts who run in packs.

  4. Another OJ trail, with the same results.

  5. Kim Watson says:

    For everyones’ convenience (that means the judge’s convenience) he will declare a mistrial,if they are still hung, at the close of business today so as to not interfere with his weekend plans.

  6. Paul Roberts says:

    I am not saying that the authorities should not go after Cosby. But don’t you think the National security danger Hillary Clinton is causing is much more serious? Her email server fiasco and the still running Clinton foundation server with all her conflict of interest “Donations” payoff from the Saudis while she was still secretary of State? I think they should get Hillary first, Cosby second. Cosby is nothing but an old man waiting to die.

    1. I actually said the very same thing you just said on this very thread. Nobody should be going to jail while Obama and Clinton`s remain free

    2. Amen!
      You are so right!

  7. TJ Pierce says:

    If the judge sends them back enough times, they’re going to aquit. I think they suspect that some (all?) of his accusers were willing participants who are vengeful because Cos didn’t deliver on pillow-talk promises to boost their careers.

    1. Well that does not fit what the defense team is doing, they wanted the judge to declare a mistrial rather than continue deliberations, in fact the Judge asked Cosby if he was aware that a mistrial takes him out of double jeopardy, he said yes he understood, his legal team is nervous and wants a mistrial. Jurors are famous for compromising, OK what if we just find him guilty on the charge that we think is the least? They have no idea, any guilty verdict on any of the 3 charges could se him dying in prison, they cant ask what the sentence would be .

      They may feel that finding him guilty on just 1 charge of the 3 that they are somehow doing him a favor , really they are not.

      I am not a big fan nor am I a non fan, but I am hoping he gets off, I see his only hope is hung jury. I believe they could hang tough and tell judge they are deadlocked and when he orders them back they could refuse

      I worry they may compromise and decide lets agree to find him guilty on the one we think is the least

  8. Donald Field says:

    The judge was bought. Out of the hundreds of white girls cosby molested he only let one black on the stand.

    1. Thus far, the jury selection process itself busted possibility of a guilty verdict.

      Suppose one or more on the jury felt that the act of the woman going to his room to be alone with him at night was inherently a culturally common form of permission, in advance, for Cosby to help her get stoned (also culturally common practice) and to pursue sex with her?

      Should she have intuited the purpose of his invitation and refused or, at the least, left quickly on some convenient pretext before accepting a drink or a joint or a pill?

      Had he tackled her as an anonymous victim in an alley and violently raped her, and there was convincing video evidence from, say, a security camera, deliberation would have taken fifteen minutes to reach a verdict.

  9. I have no doubt that it is the two black jurors on the jury that are holding out for Cosby the rapist, blacks will not convict other blacks, it’s called jury nullification and they practice it all the time, look at OJ Simpson’s trial. Blacks are not ethical enough to serve on juries

  10. while she was out Bill was in

  11. Greg Zargeo says:

    It is absolutely insane to believe that 12 people in this day and age will agree on anything! The cards are stacked against the “people” in the criminal justice arena starting with the rules of evidence – the truth is not the primary objective – rather the process to protect the accused. So when in the end the threshold for conviction is an unrealistic unanimous verdict, the system is adding salt to the wound. 3/4 agreement should be the bar to compensate for the lunatics who wish to hold out.

    1. You, my friend, are very misinformed or extremely ignorant. A 3/4 agreement by jurors would be a majority but nowhere near “beyond a reasonable doubt.” Juries reach unanimous verdicts every day, thus our HUGE prison population. The fact that a unanimous verdict is required to either convict or exonerate is sufficient to protect both the accused and the innocent. If the jury cannot agree, they can retry the case, plain and simple. If the jury can’t reach a verdict in this case, maybe it’s because the charges are bogus or maybe because the “victim” is a liar or both? Her stale case deserves to be in the dustbin.

  12. Cosby I fear is in process of being railroaded. Am neither a supporter nor a detractor, just upset when a judge tries to get a verdict when they have told him that they are deadlocked. How would any of us feel if a loved one was on trial ( innocent) and they come back Friday afternoon with a compromise just to get home. I dont call that justice.

    1. Tom Genin says:

      A “verdict” also means “not-guilty.” The judge hoping for jurors to resolve their unresolved differences isn’t railroading.

      If the judge was railroading Cosby, he would have admitted evidence from the other 50 accusers.

      1. Just saying as a non fan of Cosby show here, I am only speaking of unfairness in general, to have a jury that is deadlocked ordered back to find a verdict on a Friday afternoon, is NOT justice

        , and just to the other people that replied to me regarding race, who assumed I was black, I am NOT, my pic is a unflattering pic of the evil Obama. He is evil because of his support of murdering Gods unborn children as well as a whole host of anti Christian stances

  13. Just dismiss the recalcitrant mo olies and let the other 10 vote.

    1. What if you or a loved one was on trial,, lets say for sake of discussion that you are innocent, would you not be upset if you found out later that the 2 kicked off were fighting for you? Besides what you suggest is illegal.

    2. Exactly, black criminals pray for black jurors because they know there’s a great chance they will get off

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