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At impasse, Cosby jury goes back to work on verdict

By MARYCLAIRE DALE and MICHAEL R. SISAK, Associated Press
By MARYCLAIRE DALE and MICHAEL R. SISAK, Associated Press

NORRISTOWN, Pa. — UPDATE (6 p.m.)

There were more questions Friday from the Allegheny County jury on the Bill Cosby case, as they are still deadlocked.

Cosby's legal team wants the judge to declare a mistrial. The judge says he will let the jury work as long as they want to resolve the deadlock.

All eyes remain on those seven men and five women from Allegheny County, as everyone waits to see if they can reach a verdict in the case against Bill Cosby.

Cosby gave a nod to the crowd as supporters and detractors shouted at the comedian when he walked into the Montgomery County Courthouse.

The Allegheny County jury has been deliberating Cosby's fate for more than five days.

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On Friday, they asked another series of questions, including the definition of "reasonable doubt," and asked to rehear testimony from accuser Andrea Constand and her mother and a deposition Cosby gave in 2005 that focused on his practice of giving quaaludes to women.

Former prosecutor Dennis McAndrews tells Channel 11 the questions asked by the jury appear to show the majority of jurors are leaning toward a conviction.

"In a situation like this, it's typical that there are one to three holdouts that the majority is trying to marshal the best evidence they can, with a legal definition or two, to convince them," McAndrews said.

The fifty hours of deliberation have led defense attorney Brian McMonagle to ask for a mistrial six times.

Judge Stephen O'Neill says the lengthy discussion can only be ended by the jury. At one point he said, if they say they're still deadlocked, "I intend to act.”

"It's not unusual for a judge to give that charge -- the Spencer charge or dynamite charge -- saying, ‘Give it another shot,’” McAndrews said. “If they come back at 9 o'clock saying, 'We're hopelessly deadlocked,' the likelihood of that diminishes."

Despite the uncertainty, Cosby tweeted to his 3.9 million followers: "thank you to all of my fans and supporters - here in Norristown and worldwide."

Judge O'Neill made it clear he won't consider declaring a mistrial until the jury again says it is deadlocked.

If that doesn't happen Friday night, it's unclear if deliberations will continue Saturday or bleed over into Monday.

NORRISTOWN, Pa. (AP) - Jurors considering the fate of Bill Cosby at his sexual assault trial returned for a fifth day of deliberations on Friday, a day after telling the judge they were deadlocked on all charges.

Cosby was back at the courthouse outside Philadelphia as the panel of seven men and five women got to work. The judge told jurors on Thursday to continue deliberations in the hopes of breaking the impasse.

The 79-year-old entertainer is charged with three felony counts of aggravated indecent assault stemming from Andrea Constand's allegations that he drugged and sexually violated her at his suburban Philadelphia home in 2004. A conviction could put Cosby in prison for the rest of his life.

Cosby's lawyer said he and Constand were lovers sharing a consensual moment of intimacy.

Heading into Friday's round of talks, the jury had deliberated for nearly 40 hours since getting the case on Monday.

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Cosby's spokesman said Thursday the impasse showed that jurors doubted Constand's story.

"They're conflicted about the inconsistencies in Ms. Constand's testimony," spokesman Andrew Wyatt said. "And they're hearing Mr. C.'s testimony, and he's extremely truthful. And that's created this doubt."

Constand's lawyer, Dolores Troiani, said only that the "jury is apparently working very hard." The district attorney's office declined to comment.

Dozens of women have come forward to say Cosby drugged and assaulted them, but this was the only case to result in criminal charges.

Jurors who had appeared stressed and even angry leaving court on previous nights seemed more upbeat as they departed Thursday night, despite enduring another marathon session.

As the jurors left for the day, Judge Steven O'Neill heaped praise on them, thanking them for their dedication and the sacrifice they've made being 300 miles, or 480 kilometers, away from home in the Pittsburgh area.

"I want to reiterate how proud I am of each and every one of you," O'Neill said as he sent the sequestered jury back to the hotel. "I thank you from the bottom of my heart for everything that you've done."

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The jury must come to a unanimous decision to convict or acquit. If the panel can't break the deadlock, the judge could declare a hung jury and a mistrial. In that case, prosecutors would get four months to decide whether they want to retry the TV star or drop the charges.

The case has already helped demolish his image as "America's dad," which was cultivated during his eight-year run as kindly Dr. Cliff Huxtable on the top-rated "The Cosby Show" in the 1980s and 1990s.

The Associated Press does not typically identify people who say they are victims of sexual assault unless they grant permission, which Constand has done.

 

Cox Media Group

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