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Cosby alternate juror 'probably' would have convicted

20 June 2017

Jurors were selected in Allegheny County because Cosby's attorneys argued that pretrial publicity would make it hard to find impartial jury candidates in Montgomery County, where Cosby lives.

"None of them have ever been cross-examined, and the one time that it has happened, fair-minded people couldn't come to a conclusion", he said in reference to the current case in Pennsylvania, which ended Saturday in a mistrial.

After a jury said it was 'hopelessly deadlocked, ' Judge Steven O'Neill declared a mistrial in the Bill Cosby sexual assault case.

District Attorney Kevin Steele vowed to try the 79-year-old Cosby a second time, saying accuser Andrea Constand supported the decision.

Judge Steven T. O'Neill has so far resisted requests by the media to release the names of the jurors.

As many know, and as Salon indicated, Cosby's trial for sexual assault charges featured a limited defense, as Cosby's team only called one witness to the stand. A hearing is scheduled for Tuesday. Cosby is accused of sexually assaulting a woman at his home near Philadelphia in 2004.

They have now been deliberating more than 52 hours on whether or not Cosby should be convicted of drugging and molesting Constand.

In addition to bracing himself for a new criminal trial, Cosby is also battling civil cases, accusing him of sexual battery or defamation.

Prominent Lansdale attorney, Marc Steinberg. says due to the length of the trial and deliberations, the Spencer charge was set in play by Judge O'Neill. The 2004 encounter at Cosby's suburban Philadelphia estate was the only one to result in criminal charges. Typically, prosecutors have that long to decide whether to retry someone in Pennsylvania.

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But it was his reputation as a public moralist who urged young people to pull up their saggy trousers and start acting responsibly that prompted a federal judge to unseal portions of an explosive deposition he gave more than a decade ago as part of Constand's civil lawsuit against him.

He told Pittsburgh radio station WDVE that jurors did not discuss the case on the bus ride after the trial, maintaining "complete silence".

McCoskey said he was "ridiculously sick" when he found out the jury was deadlocked.

"If the parties previously agreed to stay the civil litigation pending the criminal trial, it is likely that they will continue that stipulation for a retrial", said Priya Sopori, a partner at Greenberg Glusker.

Cosby's defense attorney, Brian McMonagle, offered a classic, off-the-rack depiction of Constand as a fabulist and willing participant on the "romantic" night Cosby gave her pills "to relax" and then "danced outside (his) marriage". The trial took place outside Philadelphia, but the jury came from the Pittsburgh area.

Asked later whether he believes Saturday's mistrial represents a victory for Cosby, spokesman Andrew Wyatt said: "I do". As an alternate juror, McCoskey listened to the six days of testimony with regular members of the panel, but was dismissed prior to deliberations.

"The prosecution of Bill Cosby for the aggravated indecent assault of Andrea Constand was widely viewed as a "tough case"-and no doubt the retrial will be tough as well-but as District Attorney Kevin Steele rightly observed in his comments following the mistrial, prosecutors 'should take on the tough cases". CNN reported that prosecutors announced that they plan to retry the case.

It was the only criminal case to arise from allegations from more than 60 women that cast Cosby as a serial predator who gave drugs to women before violating them.

Cosby alternate juror 'probably' would have convicted