Cosby jury ends 4th day with no verdict

Ruben Hill
June 19, 2017

Just 11 minutes after resuming deliberations Friday morning, the jury returned to the courtroom for its seventh request, asking to rehear Cosby's sworn testimony about his use of quaaludes in the 1970s.

Passed along since early Thursday, the word that the panel was at an impasse had teased the possibility of a mistrial for tired lawyers, court staff and onlookers, and the crowd of Cosby supporters outside the Montgomery County Courthouse in Norristown.

Judge Steven O'Neill pushed back on repeated defense requests to send the panel home without a verdict, declaring that jurors could talk as long as they wanted over allegations that Cosby drugged and molested a woman at his suburban Philadelphia mansion in 2004.

But even the solicitous judge had his limits, putting his foot down late Friday afternoon when the jurors asked to hear a sliver of testimony they'd just had read back to them.

O'Neill also called out Cosby spokesman Andrew Wyatt for taking to the courthouse steps and telling reporters the case should end in a mistrial. But the day was not without more questions from the jurors.

Cosby's lawyer, Brian McMonagle, has said Cosby and Constand were lovers sharing a consensual moment of intimacy.

Three counts of felony aggravated indecent assault, each covering a different aspect of the alleged crime.

Cosby sat motionless as the jury heard the decade-old testimony Cosby gave in the 2005 lawsuit filed by his accuser Andrea Constand.

If the jury is unable to reach a unanimous consensus on the charges, a mistrial may occur.

As Cosby exited a vehicle and walked into the courthouse early Friday he was heckled on the sidewalk by a woman yelling, "Shame on you, Bill!"

Cosby says his sexual encounter with Constand was consensual. She got into a heated argument with Cosby supporters outside the courthouse after the jury announced they were deadlocked.

The seven men and five women on the panel looked upbeat as they left court outside Philadelphia Thursday after Judge Steven O'Neill told them to keep working through a deadlock.

This is the only case stemming from the accusations of dozens of women. But the jurors failed to come to an agreement by 9 p.m. ET, after 40 hours of discussions.

O'Neill told the jurors other judges may not have granted their six requests to revisit evidence from the trial, but since he granted their first request, he felt obligated to fulfill the rest because he didn't want them to think some pieces of evidence were more important than others.

The panel reported an impasse Thursday but was told by the judge to keep deliberating in hopes of reaching a verdict.

Cosby has been on trial for the alleged sexual assault of Andrea Constand, the former director of operations for Temple University's women's basketball team.

The trial marks a steep fall from grace for an entertainer known for his role as a lovable father and obstetrician on hit TV series "The Cosby Show".

Also on Friday, O'Neill questioned Cosby if he consented to the mistrials sought by his lawyers and Cosby said, "Yes".

Gianna Constand, who said she was aggressive and rude in the call, angrily demanded to know what pills Cosby gave her daughter that made her incapacitated.

The jury tells the judge that it "cannot come to a unanimous consensus on any of the counts".

But experts say that if he is convicted, it's likely Cosby's attorneys would be able to successfully argue the charges be combined for sentencing purposes, since they cover the same encounter and conduct.

Other reports by Click Lancashire

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