Cosby Case Ends In Mistrial

Bill Cosby’s sexual assault trial has ended in a mistrial after jurors remained deadlocked on all counts after 52 hours of deliberation.  Cosby faced three counts of aggravated indecent assault. Andrea Constand has accused Cosby of drugging and sexually assaulting her at his home in 2004.  Constand is the former director of operations for the women’s basketball team at Temple University where Cosby was a trustee.

Constand is one of about 60 women who have accused Cosby of sexual assaults dating back decades.  It’s the only criminal case stemming from dozens of accusations of sexual misconduct — all of which the comedian/actor denies.  She says she was “paralyzed” by pills he gave her while he claimed it was just Benadryl and that the encounter was consensual.

Cosby did not take the stand, but his lawyers have maintained the physical contact was mutual and raised questions as to why Constand kept in phone contact with Cosby after the alleged incident.  They also questioned why she did not report it for a year. Prosecutors declined to charge Cosby in 2004 but reopened the case after the scandal erupted two and

a half years ago.

The jurors were chosen in the Pittsburgh area and bussed in to Philadelphia for the trial.  After six days of testimony, the jury of seven men and five women began deliberations.  They were soon deadlocked but continued to deliberate, reviewing reams of testimony.  After 52 hours of deliberations, Montgomery County Judge Steven O’Neill accepted a defense motion for a mistrial.

Montgomery County District Attorney Kevin Steele immediately announced that he plans to retry the case and ordered that Cosby can remain free on $1 million bail he posted when he was first charged.  Steele later told reporters that there “was no pause or hesitation” in deciding to retry the case and that “we had a significant amount of evidence … now we have to prove (the case) beyond a reasonable doubt.”  Prosecutors will retry him on three counts of aggravated indecent assault, a charge that carries 10 years in prison.

Outside the courthouse, lawyer Gloria Allred, who represents some of the women who have accused Cosby of sexual misconduct, said that “round two may be just around the corner, and this time, justice may prevail.”  She commended her client Kelly Johnson, the only other accuser allowed to testify at the trial, and thanked all the accusers who have spoken out.  Several of Cosby’s accusers have been attending the trial.