Cosby Jurors End Dramatic Day 4 of Deliberations With No Verdict

Carla Harmon
June 20, 2017

Bill Cosby shakes hands with his lawyer Brian McMonagle as they leave the Montgomery County Courthouse during Cosby's sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa.

The judge said he saw no evidence of coercion or trouble in the deliberating room after the jurors reported their impasse on Thursday and he instructed them to keep trying for a verdict.

After almost 40 hours of deliberations in Bill Cosby's sexual assault trial, Judge Steven O'Neill sent jurors home at 9 p.m.

Former university trustee Bill Cosby (center), enters the Montgomery County Courthouse on the fourth day of a trial involving an alleged 2004 sexual assault of Andrea Constand, the former director of operations for the women's basketball team.

Dozens of women have come forward to say he drugged and assaulted them, but this was the only case to result in criminal charges. Should that happen, it is not yet clear whether prosecutors would seek to retry Cosby. The burden of proof in our judicial system is on the prosecution, not on the defense.

On Thursday, the jury entered into its fourth day of deliberations - and announced that it can not arrive at a unanimous decision despite extended deliberations.

If the jury tries again and is still deadlocked, it would be considered a "hung jury" and opens up the possibility that O'Neill will declare a mistrial.

Constand and other accusers say Cosby, the star of the 1980s hit TV comedy "The Cosby Show", often plied them with pills and alcohol before assaulting them in a series of incidents over four decades.

"Happy to know that he has 12 people, of his peers, who understand that the facts of this case don't add up", said his spokesman Andrew Wyatt.

As evening fell, the panel of seven men and five women was still at it, poised for another marathon session in a case that has already helped torpedo Cosby's career and nice-guy reputation.

Over the last week, numerous commentators have compared Cosby's case to the O.J. Simpson trial in 1994, which also drew extreme media attention and required a sequestered jury.

There is no rule on how many times O'Neill can order jurors back to work under the Spencer Charge.

The jury asked the court to define the phrase "without her knowledge" in the third count of the aggravated indecent assault charge against Cosby.

To counter the supporters, another woman walked the sidewalk with a sign saying "perseverance to all survivors", accompanied by two masked men with drums, to encourage some of Cosby's accusers to dance and cheer.

The third count accuses Cosby of impairing Constand "by administering drugs, intoxicants or other means for the objective of preventing resistance".

As court proceeding came to a close Thursday, the jury forewoman said the members could not reach "a unanimous consensus on any" charges against Cosby.

According to Mason, Constand said she had gone to Cosby's house after dinner in mid-January 2004.

In that case, Cosby would not be found guilty, nor would he be acquitted.

The sequestered jurors have appeared increasingly exhausted and upset after deliberating late into the night the past three days.

Constand claimed that Cosby drugged her and proceeded to molest her, but Cosby claims that their relationship was consensual and the Benadryl he gave her was just supposed to be used to help her relax.

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