Bill Cosby gestures while exiting the Montgomery County Courthouse with his publicist Andrew Wyatt (second from left) after a mistrial was declared in his sexual assault trial in Norristown, Pennsylvania, on Saturday, June 17. Cosby’s trial ended without a verdict after jurors failed to reach a unanimous decision. (AP Photo/Matt Slocum)

Bill Cosby gestures while exiting the Montgomery County Courthouse with his publicist Andrew Wyatt (second from left) after a mistrial was declared in his sexual assault trial in Norristown, Pennsylvania, on Saturday, June 17. Cosby’s trial ended without a verdict after jurors failed to reach a unanimous decision. (AP Photo/Matt Slocum)

Bill Cosby faces 2nd sex assault trial after jury deadlocks

By Maryclaire Dale and Michael R. Sisak / Associated Press

NORRISTOWN, Pa. — Prosecutors found themselves back to square one Saturday after the jury in Bill Cosby’s sexual assault case declared itself hopelessly deadlocked, resulting in a mistrial for the 79-year-old TV star facing accusations he first drugged then molested a woman more than a decade ago.

Cosby’s team declared victory, however temporary, as the comedian and actor once known as “America’s Dad” for his TV role as paternal Dr. Cliff Huxtable avoided a conviction on Father’s Day weekend.

Excoriated by the defense for charging Cosby in the first place, District Attorney Kevin Steele vowed to put him on trial a second time, saying accuser Andrea Constand supported the decision.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

“She has shown such courage through this, and we are in awe of what she has done,” Steele said. “She’s entitled to a verdict in this case.”

By sowing doubt among one or more jurors, Cosby’s lawyers managed to overcome two years of unrelenting bad publicity for their client after the public release of his damaging testimony about drugs and sex, as well as a barrage of accusations from 60 women who came forward to accuse him of sexual assault.

Constand’s 2004 encounter with Cosby at his suburban Philadelphia estate was the only one to result in criminal charges.

She told jurors that Cosby gave her pills that made her woozy and then penetrated her with his fingers as she lay paralyzed on a couch, unable to tell him to stop.

“She’s ready to go again,” said her lawyer, Dolores Troiani, of a retrial. “She’s a very spiritual woman, she believes things happen for a purpose, and I think the purpose is … it should encourage other women to come forward and have their day in court.”

Troiani acknowledged the difficulty of the case, given the passage of time and the impact of the alleged drugging on Constand’s ability to recall details.

The jury deliberated more than 52 hours over six days before telling a judge they couldn’t reach a unanimous decision on any of the three counts against the comedian, ending the trial without a verdict.

Cosby’s team immediately went on the attack.

The entertainer’s wife of 53 years, Camille, slammed prosecutors for bringing the case to court, calling Steele “heinously and exploitively ambitious” in a statement released after the trial. She also criticized the judge, the accuser’s lawyers and the media.

“How do I describe the judge? Overtly arrogant, collaborating with the district attorney,” said her statement, which was tweeted by her husband and read by an associate of the public relations firm representing Cosby.

Cosby himself didn’t comment, remaining stoic as the judge declared a mistrial, but Wyatt declared the star’s “power is back. It has been restored.”

That seemed debatable.

Cosby’s career and good-guy image were already in tatters by the time his chief accuser took the witness stand, and the prosecution’s decision to pursue a second trial keeps him in legal limbo.

Cosby had broken barriers as the first black actor to star in a network show, “I Spy,” in the 1960s and, two decades later, created the top-ranked “Cosby Show.” He also found success with his “Fat Albert” animated TV show and starred in commercials for Jell-O pudding.

But it was Cosby’s reputation as a public moralist who urged young people to pull up their saggy pants and start acting responsibly that prompted a federal judge to unseal portions of an explosive deposition he gave more than a decade ago as part of Constand’s civil lawsuit against him.

Under questioning from her lawyer, Cosby acknowledged that he had obtained several prescriptions for quaaludes in the 1970s for the purpose of offering the powerful sedative to women he wanted to have sex with.

Cosby also said he gave Constand three half-tablets of the cold and allergy medicine Benadryl to help her relax before what he insisted was a consensual sexual encounter at his home. Prosecutors suggested he drugged her with something stronger.

The jurors clearly struggled with their verdict, telling the judge on Thursday 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.

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. … I feel bad for all of you, I really do.”

He reminded prosecutors and the defense that “a mistrial is neither vindication nor victory for anybody.”

It wasn’t immediately known how many jurors wanted to convict and how many wanted to acquit. None of the jurors commented after the trial ended and headed home to the Pittsburgh area, some 300 miles from the courthouse outside Philadelphia.

Former federal prosecutor David Weinstein said Cosby’s celebrity almost 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 horrible thing.”

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.

A decade later, another district attorney reopened the investigation after his lurid deposition became public, and dozens of women came forward against one of the most beloved stars in all of show business. Cosby was charged shortly before the statute of limitation was set to expire.

Bruce Castor, the ex-prosecutor who passed on Constand’s case in 2005, said Saturday that he was disappointed but not surprised in Steele’s failure to win a conviction.

“My opinion continues to be that Ms. Constand was probably the victim of a sexual assault,” said Castor, whom Constand is suing for defamation. “‘Probably’ does not win criminal trials.”

The Associated Press does not typically identify people who say they are victims of sexual assault unless they grant permission. Constand has done so.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Vehicles travel along Mukilteo Speedway on Sunday, April 21, 2024, in Mukilteo, Washington. (Ryan Berry / The Herald)
Mukilteo cameras go live to curb speeding on Speedway

Starting Friday, an automated traffic camera system will cover four blocks of Mukilteo Speedway. A 30-day warning period is in place.

Carli Brockman lets her daughter Carli, 2, help push her ballot into the ballot drop box on the Snohomish County Campus on Tuesday, Nov. 5, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Here’s who filed for the primary election in Snohomish County

Positions with three or more candidates will go to voters Aug. 5 to determine final contenders for the Nov. 4 general election.

Students from Explorer Middle School gather Wednesday around a makeshift memorial for Emiliano “Emi” Munoz, who died Monday, May 5, after an electric bicycle accident in south Everett. (Aspen Anderson / The Herald)
Community and classmates mourn death of 13-year-old in bicycle accident

Emiliano “Emi” Munoz died from his injuries three days after colliding with a braided cable.

Danny Burgess, left, and Sandy Weakland, right, carefully pull out benthic organisms from sediment samples on Thursday, May 1, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘Got Mud?’ Researchers monitor the health of the Puget Sound

For the next few weeks, the state’s marine monitoring team will collect sediment and organism samples across Puget Sound

Everett postal workers gather for a portrait to advertise the Stamp Out Hunger Food Drive on Wednesday, May 7, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Snohomish County letter carriers prepare for food drive this Saturday

The largest single-day food drive in the country comes at an uncertain time for federal food bank funding.

Everett
Everett considers ordinance to require more apprentice labor

It would require apprentices to work 15% of the total labor hours for construction or renovation on most city projects over $1 million.

Auston James / Village Theatre
“Jersey Boys” plays at Village Theatre in Everett through May 25.
A&E Calendar for May 15

Send calendar submissions for print and online to features@heraldnet.com. To ensure your… Continue reading

Contributed photo from Snohomish County Public Works
Snohomish County Public Works contractor crews have begun their summer 2016 paving work on 13 miles of roadway, primarily in the Monroe and Stanwood areas. This photo is an example of paving work from a previous summer. A new layer of asphalt is put down over the old.
Snohomish County plans to resurface about 76 miles of roads this summer

EVERETT – As part of its annual road maintenance and preservation program,… Continue reading

Apartment fire on Casino Road displaces three residents

Everett Fire Department says a family’s decision to shut a door during their evacuation helped prevent the fire from spreading.

Helion's 6th fusion prototype, Trenta, on display on Tuesday, July 9, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Helion celebrates smoother path to fusion energy site approval

Helion CEO applauds legislation signed by Gov. Bob Ferguson expected to streamline site selection process.

Everett Historic Theater owner Curtis Shriner inside the theater on Tuesday, May 13, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Historic Everett Theatre sale on horizon, future uncertain

With expected new ownership, events for July and August will be canceled. The schedule for the fall and beyond is unclear.

A “SAVE WETLANDS” poster is visible under an seat during a public hearing about Critical Area Regulations Update on ordinance 24-097 on Wednesday, May 14, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Snohomish County Council passes controversial critical habitat ordinance

People testified for nearly two hours, with most speaking in opposition to the new Critical Areas Regulation.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.