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Bill Cosby mistrial: defense declares victory, prosecutor will retry case

17 Juin 2017

Jurors in the Bill Cosby sexual assault trial have returned for a fifth day of deliberations.

After a lunch break, jurors are expected to rehear testimony from accuser Andrea Constand and her mother about phone calls with Cosby. "We are confident that these proceedings have given a voice to the many victims who felt powerless and silenced".

Constand accuses the 79-year-old entertainer of drugging and molesting her at his Philadelphia-area home in 2004.

After the mistrial was declared, Cosby and his legal team gathered outside the courtroom. O'Neill ordered that Cosby must remain out on bail.

Among the other witnesses that the prosecution called upon was fellow accuser Kelly Johnson, who has similarly accused Cosby of sexual assault after meeting him while working for the William Morris Agency in 1996.

The jury was conflicted over strong remarks from both the District Attorney representing Constand, as well as the attorney representing Cosby. Cosby also declined to tell her what pills he had given Andrea Constand, but he did say they were from a prescription bottle, she testified. "Overtly arrogant, collaborating with the district attorney", said her statement, which was read by Wyatt.

If they can't break the deadlock, O'Neill could declare a hung jury and a mistrial.

He lauded Constand as "courageous" and said she was ready to move forward with a new trial.

Wednesday, the jury asked to hear portions of accuser Andrea Constand's testimony from last week and read-backs of police testimony about Cosby's 2005 interview with police at his attorney's NY law office.

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His wife of 53 years, Camille, who accompanied him to court Monday for the first time since the trial began, was not in the courtroom. Montgomery County District Attorney Kevin R. Steele told reporters at a press conference: "It's really a do-over".

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There's no doubt he had sexual contact with Constand (Cosby contends it was consensual). Cosby faced three charges of aggravated indecent assault.

The panel outside Philadelphia has deliberated more than 45 hours without reaching a verdict on charges that Cosby drugged and molested a woman in 2004.

"These will help you relax", she alleged Cosby told her.

Cosby said in a radio interview before the trial he hoped to resume his performing career after the Constand case was resolved. She claimed Cosby's then-recent responses to similar drugging and/or assault allegations by other women broke the nondisclosure agreement. When she went to the Montgomery County prosecutor in 2005 about the incident, the authorities reportedly didn't feel they had enough evidence to try Cosby. On Friday, one of Cosby's lawyers, Brian McMonagle, said, "This court has worked them 12-hour days". 'The jurors, they used their power to speak and Mrs. (Camille) Cosby's power is back, so the legacy didn't go anywhere, it has been restored'. "If the case is retried, know that I will once again put them to the test".

A conviction could send Cosby to prison for the rest of his life. Constand added that when she asked the actor whether the pills were herbal supplements, he nodded and handed her a glass of water with which to swallow them.

Judge Steven O'Neill refused, saying there's no precedent to halt the jury's work. "We wanted an acquittal, but like the Rolling Stones song says, you can't always get what you want; sometimes you get what you need".

Bill Cosby mistrial: defense declares victory, prosecutor will retry case