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Cosby alternate juror 'probably' would have convicted

20 Juin 2017

In an exclusive interview with CNN's Jean Casarez, attorney Brian McMonagle said the jury's inability to reach a verdict made it clear the trial should end.

Prosecutors in suburban Philadelphia plan to retry Bill Cosby after his two-week sexual assault trial ended Saturday in a mistrial, with the jury unable to reach a unanimous decision on any of the three counts.

"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".

Andrew Wyatt raises his fist as Bill Cosby exits the Montgomery County Courthouse after a mistrial was declared in Norristown, Pa., Saturday, June 17, 2017.

His lawyers were triumphant, his long-silent wife savaged the prosecutors, and his publicist claimed that Bill Cosby's reputation was now "restored" after a jury failed to reach a verdict on whether he sexually assaulted a woman in 2004.

Former federal prosecutor David Weinstein said Cosby's celebrity nearly certainly played a role in the jury's deliberations, perhaps to convince "two or three jurors that it's impossible to convict Dr. Huxtable, to convict Fat Albert. that he couldn't have done this terrible thing". "We wanted an acquittal, but a mistrial or a deadlock is the same result as the group of jurors finding him not guilty", she says.

McCloskey heard all of the testimony and saw all of the evidence presented to the jury, but was not involved in the deliberations.

43 year old, Mike McCloskey told a Pittsburgh radio station he would have voted for conviction.

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Concerns about the case's visibility had already prompted O'Neill to import jurors for the first trial from Pittsburgh, around 300 miles (480 km) from the courthouse in Norristown, Pennsylvania, near Philadelphia.

McCloskey posted his juror's badge on Facebook as proof of his role in the case.

Several news operations are challenging a protective order that shields the jurors' identities. The group of 12 was sent back to continue deliberating twice after informing the judge that they were hung.

She condemned the district attorney as "heinously and exploitatively ambitious", the judge as "overtly arrogant", lawyers for the accusers as "totally unethical" and "many" in the media as "blatantly vicious".

In civil lawsuits in the United States, plaintiffs need only show that the weight of evidence is on their side, meaning they have information to tip the scales above 50pc in their favour, as opposed to criminal cases in which prosecutors must prove claims beyond a reasonable doubt.

More important for future victims is to remove the cultural and legal obstacles - from celebrity worship to court secrecy - that still make it too hard for women to get justice after they've been sexually assaulted.

Pennsylvania law allows the public release of jurors' names, but judges have discretion to keep them a secret under certain conditions. A hearing is scheduled for Tuesday. The comic icon is accused of allegedly sexually assaulting Andrea Constand at his Cheltenham Township home in 2004 with the use of blue pills and wine. Authorities reopened her complaint in 2015 after learning Cosby had testified in her lawsuit to giving various women wine, pills or even quaaludes before sex. "None of them have ever been cross-examined, and the one time that is has happened, fair-minded people couldn't come to a conclusion". "Everyone knows that cases don't get better with time". "It's an old case, it's a controversial case, it's a case that involves questions of consent". At one point during the trial, McMonagle stood beside Cosby and suggested to jurors that while Cosby may have been an unfaithful husband, that didn't make him a criminal.