Juror: 2 holdouts in Bill Cosby's trial refused to convict

NORRISTOWN, Pa. (AP) - The judge who presided over Bill Cosby's sexual assault trial on Wednesday ordered the public release of the identities of the jurors who deadlocked in the case but warned them not to divulge what other jurors said during deliberations.

Two jury members were "not moving, no matter what" on the first and third counts of aggravated sexual assault, said the juror, who spoke to ABC News on condition of anonymity. On the third count, that the alleged assault occurred after Cosby gave Constand drugs or intoxicants without her knowledge, substantially impairing her for the goal of preventing her resistance, the jury was deadlocked at 10 to two, in favor of a guilty verdict, according to the juror.

Judge Steven O'Neill granted a request by a dozen media organizations, including The Associated Press and the major TV networks, to release the names.

The anonymous juror stated that although he believed Cosby didn't act with premeditation, he did take advantage of Andrea Constand's drugged state in 2004, which set off a civil suit in 2005 and the recent criminal trial.

"Jurors shall not disclose arguments or comments made, or votes cast, by fellow jurors during the deliberations", the judge ruled.

"I think he broke his pinky knuckle", the juror said, about a fellow juror so upset he chose to punch a wall.

The juror said all but one juror wanted to acquit Cosby on the other count, alleging Constand was unconscious or semi-conscious at the time and could not give consent.

"A verdict is reached only when the jurors send back the completed verdict form and inform the judge they have reached a verdict".

Several legal experts told the Times that placing restraints on what jurors can say post-trial is pretty rare, but this is, of course, a highly publicized case already and jurors are generally expected to keep the conversations that take place in a jury room private.

After he declared a mistrial, however, he did not make the jurors' names public and instead cautioned the jury not to disclose their deliberations in detail because doing so could affect future deliberations. The mistrial was declared after the jury debated for about 52 hours without a verdict.

"There was no budging" after the first deadlock, the juror said. "Never. Not once. If somebody would mention something, we would cut them off".

Other jurors contacted by ABC News declined to comment.

However, because of the judge's instructions about not revealing deliberations, DiLucente believes a juror who does not comply could be held in contempt.

The prosecution filed a memorandum opposing the release of the names, saying it "could have a chilling effect on future jurors and could impair both parties' right to a fair and impartial trial". As the trial stretched on, the judge appeared sympathetic and attentive to the needs of the jurors, referring often to how hard they were working and, later, how worn out they must be.

  • Arturo Norris