Mistrial declared in Bill Cosby sexual assault case; jury "hopelessly deadlocked"
- Author: Salvatore Jensen Jun 17, 2017,
Jun 17, 2017, 22:12
Cosby will remain free on $1 million bail.
See photos from Cosby's trial.
The decision followed a "hopelessly deadlocked" jury's inability to pass down a unanimous vote. Cosby pleaded not guilty to the charges.
Cosby's defense team has argued repeated phone calls between Constand and Cosby after the alleged assault, including several on Valentine's Day 2004, show evidence of a romantic relationship between the two.
Spokesman Andrew Wyatt said Saturday that "Cosby's power is back". In the statement, which Bill Cosby later tweeted, she attacked Judge O'Neill, describing him as "overtly arrogant" and accusing him of "collaborating with the district attorney". It's also expected that the judge from the first case, Steven O'Neill, will preside over the second trial.
Drugging and sexually violating a woman at his suburban Philadelphia home in 2004.
A hung jury could represent a clear victory for Cosby, allowing him to avoid what might have been years in prison for three counts of aggravated indecent assault. District Attorney Kevin Steele said Andrea Constand, who accused Cosby of sexual assault, was "entitled to a verdict in this case".
After the mistrial, Constand doled out hugs to her mother, prosecutors and some of the other women who say the TV star drugged and abused them.
The sequestered seven-man, five-woman panel spent 52 hours deliberating in the Philadelphia suburb of Norristown, Pennsylvania - far longer than the amount of time dedicated to testimony and legal arguments. He then declared a mistrial because a unanimous decision beyond a reasonable doubt is required in criminal cases. One other accuser, Kelly Johnson, testified during the trial as prosecutors sought to establish that Cosby had a pattern of assault. Cosby also declined to tell her what pills he had given Andrea Constand, but he did say they were from a prescription bottle, she testified.
Prosecutors said even though the case ended without a verdict, it has been "important for sexual assault victims everywhere".
After more than 40 hours of discussion, the jury told the judge that they were deadlocked, and he ordered them to continue deliberations. Nearly a decade passed, and no criminal charges were filed. In that case, prosecutors would have the option of seeking to retry Cosby before a new jury. The jurors have been trying to break a deadlock. The entertainer, once known as America's Dad, offered Father's Day greetings to well-wishers outside the courthouse after court adjourned. As the days passed, the jury repeatedly asked to rehear portions of the testimony.
"I believe this jury is exhausted, is weary", McMonagle said late Friday, as the jury wrapped up another marathon round of deliberations.
"We came here looking for an acquittal, but like that Rolling Stones song says, 'You don't always get what you want, sometimes you get what you need, '" defense lawyer Brian McMonagle told reporters.
The panel got the case Monday.
Cosby has continued, through his representatives, to deny that he committed any sexual assaults - admitting to infidelity but maintaining that all the sexual contact was consensual.