Crime In Cosby Case, First Trial Is a Guide for the 2nd

06:10  19 june  2017
06:10  19 june  2017 Source:   The New York Times

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(AP) - The jury in entertainer Bill Cosby 's sex assault trial in Norristown has, for the first time, told the judge it's deadlocked and cannot reach a unanimous verdict on any of the charges. The Cosby jury got the case on the sixth day of the trial .

- With fatigue appearing to set in, jurors in Bill Cosby 's sexual assault trial reviewed portions of his accuser's testimony Wednesday as they That's the question," said criminal lawyer Alan J. Tauber, who wasn't involved in the case . Cosby 's lawyers maintain Constand was a willing sexual partner.

Bill Cosby leaving the Montgomery County Courthouse in Norristown, Pa., after his sexual assault trial was declared a mistrial on Saturday.© Charles Mostoller/Reuters Bill Cosby leaving the Montgomery County Courthouse in Norristown, Pa., after his sexual assault trial was declared a mistrial on Saturday.

The fatigue from Saturday’s mistrial has hardly faded for either side in the Bill Cosby sexual assault case, but both need to begin preparing almost immediately for a new trial that the prosecution has vowed to bring.

Judge Steven T. O’Neill has said a second trial would begin within months and, if the case just concluded is any measure, they will be months filled with motions and countermotions as each side jockeys for an edge.

Andrea Constand, who said Mr. Cosby sexually assaulted her in 2004 at his home outside Philadelphia, has agreed to take the stand again in Norristown, Pa., where the first trial occurred.

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Jurors began their second day of deliberations Tuesday in Bill Cosby 's trial for aggravated indecent assault -- a case closely watched by the public as well as the dozens of women who have accused Cosby of similar misconduct.

"A quick verdict will not be a good thing for Cosby ," says Stuart Slotnick, a New York criminal defense attorney who has been following the case for more than two years. Nationally known jury expert Melissa Gomez, author of Jury Trials Outside In, said, " First , they could be very carefully reviewing

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“We will evaluate and review our case,” said the Montgomery County district attorney, Kevin R. Steele, after the trial. “We will take a hard look at everything involved, and then we will retry it.”

The prosecution needs to examine, among other things, whether it can introduce testimony from other women who say Mr. Cosby assaulted them. It had tried to introduce 13 accusers as evidence of a pattern of sexual assault, but Judge O’Neill, before the trial, allowed only one to testify: Kelly Johnson.

“The pretrial decision that limited the testimony of other Cosby accusers is probably the reason the case ended in a mistrial,” said Kevin Harden Jr., a criminal defense attorney and a former Philadelphia prosecutor.

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The charges stem from accusations by Andrea Constand, the first of the dozens of women to go public against Cosby . “ I don’t know if this is going to make it to trial ,” Pressley said when asked whether Cosby ’s wife would back him up on the stand. In a separate case — a lawsuit filed against Cosby in

(AP) - The jury in entertainer Bill Cosby 's sex assault trial in Norristown has, for the first time, told the judge it's deadlocked and cannot reach a unanimous verdict on any of the charges. The Cosby jury got the case on the sixth day of the trial .

Complicating matters further for the prosecution, Ms. Johnson seemed hesitant on the witness stand.

“Kelly Johnson was a somewhat tentative witness, which — while understandable, given the gravity and attention to the case — may have lessened the impact of her testimony,” said Dennis McAndrews, a former prosecutor who attended the trial. But he said witnesses were often stronger and less intimidated their second time on the stand.

Mr. Steele said Saturday that he had not spoken with Ms. Johnson about a second trial nor had he decided whether to renew the fight to include testimony from additional women.

While the criminal case is in limbo, so too will likely be a number of civil lawsuits filed against Mr. Cosby by women who say he assaulted them. In Massachusetts, for example, seven women have sued Mr. Cosby for defamation, saying he branded them liars when they came forward with their accusations.

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Bill Cosby returns to the courtroom after the lunch break in his trial at the Montgomery County Courthouse in Norristown, PA on June 12, 2017. “This is a very conscientious jury,” O’Neill said. “This is a hard-working jury that’s abiding by its oath in this case .”

"A quick verdict will not be a good thing for Cosby ," says Stuart Slotnick, a New York criminal defense attorney who has been following the case for more than two years. Nationally known jury expert Melissa Gomez, author of Jury Trials Outside In, said, " First , they could be very carefully reviewing

Before the Pennsylvania trial, a judge in Massachusetts ordered a partial stay of discovery pending the resolution of the criminal case, and that is unlikely to change now, experts said.

Mr. Cosby’s career as an entertainer is already stalled and will remain so for the time being. The mistrial did little, experts said, to affect the status of “The Cosby Show,” which became something of a third rail for cable networks as Cosby accusers surfaced. It would have been further tarnished by a conviction, but it is slowly re-emerging, with all eight seasons available to stream on Amazon Prime and two television outlets, TV One and Bounce TV, now airing reruns.

Barbara Ashcroft, a former prosecutor who teaches at the Temple University Beasley School of Law, said that as the second criminal trial approaches, both sides would study the first.

“Steele will likely use what he learns from this trial to tighten up the Commonwealth’s case and come back even stronger during the retrial,” she said.

Both sides would likely be helped by insights from the jurors, especially the holdouts on the jury, which was unable to reach consensus on any of the three counts of aggravated indecent assault. But so far, both sides say they did not know which way the jury leaned. “We are in the dark as much as you are,” Brian J. McMonagle, Mr. Cosby’s lead lawyer, said in a telephone interview on Saturday.

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It was not clear whether Andrea Constand, Cosby ’s accuser, was at the courthouse Wednesday. She had been present during the first two days of deliberations. Prosecutors rest their case at Bill Cosby 's trial . NORRISTOWN, Pa.

Bill Cosby , in first interview in 2 years, says he won't testify. Cosby has said he does not plan to testify. His deposition from the civil suit will stand as his explanation of what happened -- which means the trial likely will hinge on a classic case of "he said, she said."

None of the jurors — seven men and five women, chosen from Allegheny County, 300 miles west of Norristown, to avoid the taint of pretrial publicity — has been identified.

Judge O’Neill had ruled the jurors would remain anonymous during the trial, so the news media could not pursue them. Even after the mistrial, he did not release their names, and instead cautioned the jurors not to disclose their deliberations in detail, lest it have a chilling affect on future jurors’ deliberations.

Several news organizations have gone to court asking for the release of the jurors’ names, citing their First Amendment right. Judge O’Neill indicated that prosecutors have until Monday to respond to the motion.

That does not legally preclude jurors from speaking publicly, but as of Sunday afternoon, none of the 12 appeared to have come forward. Among the curious are dozens of women who have made accusations against Mr. Cosby and who say their allegations should carry weight. Some said they remain resolute.

“Everybody is saying this, but it ain’t over till it’s over,” said Kristina Ruehli, who says Mr. Cosby assaulted her in 1965. “This is not the end.”

Cosby juror: 'Not enough evidence' led to mistrial .
Another juror in Bill Cosby's sexual assault trial came forward Monday — the first to go on camera — and said the mistrial in the 13-year-old case was due to a lack of convincing evidence for all 12 jurors to agree unanimously on a verdict. Bobby Dugan, 21, one of the youngest of the seven men and five women on the jury, spoke to the Philadelphia Inquirer, Philadelphia Daily News and to ABC's Good Morning America, becoming the first of the deadlocked jury to appear on camera and with his name attached to his comments.

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