Mr. Cosby was alleged to have drugged and sexually assaulted the accuser, Andrea Constand, in a January 2004 incident. The Constand case is the only one that fell within the statutes of limitations, and Philadelphia District Attorney Kevin Steele was voracious in fighting to take down Cosby. "I wasn't able to fight", she said in court. While Constand appears ready and willing to fearless the witness box again, she is painfully aware of the message delivered by the jury's deadlock. But Agrusa is, in some fashion, declaring victory nonetheless.
The sequestered jury of seven men and five women, who were selected from Allegheny County and transported to Montgomery County one day before the trial started on June 5, deliberated 52 hours over six days before informing the judge that they were hopelessly deadlocked.
He described a phone conversation secretly recorded by Constand's mother in 2005 as the most compelling piece of evidence he heard throughout the trial. "Trust it, believe in it, and I'm confident that if this case is retried, he'll be acquitted".
The moment that had the most impact for me was when I had the opportunity for the first time to give Constand a hug.
For the last two weeks, throughout the testimony and jury deliberations, I attended the sexual-assault trial of Bill Cosby in Norristown, Pa.
Cosby's team immediately went on the attack.
Over the weekend, Billy Cosby's wife Camille Cosby, took on the district attorney in a statement-calling him "heinously and explosively ambitious".
"How do I describe the District Attorney?"
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"She has shown such courage through this, and we are in awe of what she has done", Steele said. The judge will gather the parties together for a conference soon, and a new trial date within the next 120 days will be picked. "It has been restored". But I also found myself feeling empowered and hopeful. Other media outlets, including Calkins Media, also have made similar requests to the judge.
McCloskey is the first of the jurors to speak out about the trial. Prosecutors suggested he drugged her with something stronger. Judge Steven O'Neill called the Cosby case likely the largest undertaking by the county's criminal justice system.
It is not yet clear why jurors could not reach a verdict, or how close they came.
The judge sought to comfort the jurors, at least one of whom fought back tears, calling their epic deliberation "one of the more courageous acts, one of the more selfless acts that I've seen in the justice system". "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.
Prosecutors, who intend to retry Cosby, filed a motion on Monday urging O'Neill to refrain from identifying the jurors, arguing that widespread coverage of their deliberations could influence jurors for the retrial.
Constand, now 44, initially went to police about a year after she said Cosby assaulted her, but a prosecutor declared her case too weak to bring charges. "If the jury's analysis of the evidence has been previewed, that's much more of a tainting issue".
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