After deliberating for more than 50 hours, the deadlocked jury in Bill Cosby’s sexual assault trial asked to review volumes of testimony on Friday, seeking the definition of “reasonable doubt.”
Cosby’s lawyers were quick to protest and demand a mistrial. However, the judge said he could not interfere with jury members until they tell him that they cannot reach a verdict.
In defense of Cosby, lawyer Brian McMonagle claimed that some of the jurors were trying to persuade jurors leaning in favor of Cosby by re-reading witness testimonies.
“What we’ve got now is jurors trying to overcome other jurors by having a recap of the entire testimony. They may think they are under obligation to deliberate until the cows come home,” complained McMonagle.
However, Montgomery County Judge Steven O’Neill stated there was no law enforcing a time limit for deliberations, challenging McMonagle to provide evidence “that supports the rhetoric that [he keeps] fostering out there.”
By McMonagle’s ‘rhetoric’, O’Neill was referring to Cosby publicist Andrew Wyatt’s calls for a mistrial during news conferences outside the courthouse.
Despite the defense’s protest, the jury will have its requests fulfilled in order to help it reach a verdict. On Thursday, the jury announced that it was deadlocked, not able to decide if Cosby is guilty of drugging and molesting Andrea Constand, former Temple University employee, at his home in 2004.
Cosby, a widely respected comedian, actor, musician and author, has pleaded not guilty to three counts of aggravated indecent assault, each charge carrying up to 10 years of prison. Constand’s case, however, is only one of many, as dozens of women have accused Cosby of sexually assaulting them over the years
Cosby has denied all of the accusations. For the case at trial, the only one he has been criminally charged for, he states that the sexual encounter was consensual.
In addition to the definition of “reasonable doubt,” the essential legal principle of the deliberation process, the jury asked for Cosby’s testimony about giving Quaaludes to women for sex in the 1970s. Prosecutors aimed to use this testimony to show that Cosby has a history of drugging women.
The jury also asked for the testimony of Gianna Constand, the accuser’s mother, about her phone call with Bill Cosby in 2005. During the call, Cosby allegedly detailed the sexual encounter he had with Constand and referred to himself as a “sick man,” apologizing for his actions.
Andrea Constand’s phone records, showing that she had contact with Cosby after the alleged assault, were requested as well.
O’Neill praised the jurors before permitting them to return to their hotel on Friday night, seeing “nothing but hard work, dedication, fidelity.” He encouraged them to get a good night’s rest.
As Cosby left the courthouse on Friday, he thanked his supporters standing outside holding posters and chanting, “let Bill go!” He also wished “all of the fathers a happy Father’s Day.”
“And I want to thank the jury for their long days,” continued Cosby. “Their honest work, individually. I also want to thank the supporters who have been here. And, please, to the supporters, stay calm. Do not argue with people. Just keep up the great support. Thank you.”
Cosby echoed this message on Twitter on Friday, thanking his supporters.
“Thank you to all my fans and supporters — here in Norristown and worldwide,” Cosby tweeted.
The jury will meet again on Saturday morning. With this new round of deliberations, the trial will most likely end with a verdict instead of a hung jury.
If the jury reviews the requested testimonies and phone records and still cannot unanimously reach a verdict, O’Neill will have to decide whether to declare a mistrial or tell the jury to try to come to a decision again.
If the judge does declare a mistrial, prosecutors will have four months to decide whether to retry Cosby or drop the charges.
For now, the judge, the court and the millions of people keeping up with Cosby’s trial will have to wait patiently as the jury continues to deliberate.
