There is no verdict for Cosby or his alleged victims today. Jurors failed to reach a unanimous decision.
They had deliberated for more than 52 hours over the last 6 days when they finally told the judge they could not come to a verdict. The judge declared a mistrial.
“The Cosby Show” star was in court for allegedly drugging and molesting Temple University employee Andrea Constand at his suburban Philadelphia home in 2004.
The case will be retried, the charges of three counts of aggravated indecent assault still against the comedian.
The comedian’s career and good-guy image were already in tatters by the time his chief accuser took the stand and described how Cosby gave her pills and then penetrated her with his fingers as she lay paralyzed on a couch, unable to tell him to stop.
But the jurors clearly struggled with their verdict, telling the judge on Day 4 they were at impasse. Judge Steven O’Neill instructed them to keep working toward a unanimous decision. On Saturday, they came back and told O’Neill they were hopelessly deadlocked.
It was the only criminal case to arise from allegations from more than 60 women that cast Cosby – married more than 50 years – as a serial predator who gave drugs to women before violating them.
During the trial, Cosby did not take the stand in his own defense. His attorney argued that Cosby and Constand were lovers sharing a consensual sexual encounter.
Before all the allegations, Cosby came off as a “public moralist”. That prompted a federal judge to unseal portions of a deposition he gave more than a decade earlier as part of Constand’s civil lawsuit against him.
In the deposition, which was released in 2015, Cosby admitted he obtained several persecutions for for quaaludes in the 1970s. The sedative, now banned, was offered to woman Cosby wanted to have sex with.
He said he gave Constand three half-tablets of Benadryl (an over the counter allergy/cold medicine) before the “petting” began. Prosecutors believe he gave her something much stronger.
Constand, 44, went to police a year after she said Cosby assaulted her. The prosecutor told her the case was too weak to bring charges. Ten years later, a new district attorney reopened the investigation after Cosby’s lurid testimony about drugs and sex became public.
A rush of women came forward against Cosby. That’s when he was charged, just before the statute of limitation was going to expire.
McMonagle, in his closing argument, pointed out that Constand telephoned Cosby dozens of times after the alleged assault. Constand told the jury she was merely returning his calls about the women’s basketball squad at Temple University, where she was director of team operations and he was a member of the board of trustees.
“This isn’t talking to a trustee. This is talking to a lover,” McMonagle said of one call that lasted 49 minutes. “Why are we running from the truth of this case – this relationship? Why?”
He also tried to sow doubt about Constand’s story, saying it had evolved during her interviews with police.
District attorney Steele said it wasn’t an accident that some of Constand’s memories were off.
“There are some things in this case that should be fuzzy. Why? Because he drugged her to do this. She spent a lot more time trying to forget what happened than trying to remember that night.”
Before the trial, Cosby said he wanted to resume his career. But networks have long since scrapped anything that involved the 79-year-old. They scrapped comeback plans, pulled reruns, you name it.
So, what are your thoughts on the case? Should the jury have come to a verdict?