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After jury deadlocks, Bill Cosby faces 2nd sex assault trial

19 June 2017

"We, the jury, are deadlocked on all counts", said the note read by Judge Steven O'Neill on Saturday morning.

He said Andrea Constand, the woman at the center of the case (she's accusing Cosby of drugging and sexually assaulting her in his Philadelphia home in 2004), is also on board and willing to testify again.

Since Thursday morning, when the jurors told Montgomery County Court of Common Pleas Judge Steven O'Neill they were having trouble reaching agreement, they have spent almost 24 hours either discussing the case in a conference room or re-hearing trial testimony in the courtroom. Instead, Cosby emerged from the courthouse with his publicity team, which read a statement from his wife that accused the judge likely to retry him of arrogance and collusion with prosecutors.

Cosby himself didn't comment, remaining stoic as the judge declared a mistrial, but Andrew Wyatt, his spokesman, declared the star's "power is back". Legal experts believe prosecutors will reshape their case for Round Two, although it's not yet clear why jurors couldn't reach a verdict, or how close they came.

The prosecution had rested its case last Friday, and the defense presented a case Monday that lasted just six minutes - in essence telling the jury that prosecutors had failed to prove anything, and that there was little or nothing left for them to rebut.

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McMonagle, in his closing argument, pointed out that Constand telephoned Cosby dozens of times after the alleged assault.

He did not take the stand in his own defense, leaving it to his attorney to argue Cosby and Constand were lovers sharing a consensual sexual encounter.

But early reaction to the Cosby mistrial from the celebrity twitterverse was decidedly muted.

The case turned largely on the credibility of Constand, a former Temple University employee. "Heinously and exploitively ambitious", Cosby's statement began. "She's a very spiritual woman, she believes things happen for a objective, and I think the goal should encourage other women to come forward and have their day in court". "Once people say they are deadlocked, then what really becomes the reason for further deliberations?"

The judge reminded the jury that it's their duty to try to reach a decision, even on some of the charges.

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The end to the criminal trial of Bill Cosby with a hung jury and mistrial is not surprising, and may well be the result of jury nullification; a perfectly lawful doctrine which has been upheld by the U.S. Supreme Court, and which some prominent African Americans have championed, says public interest law professor John Banzhaf, who correctly predicted the outcome of several jury nullification cases, including this one.

She said she hopes the case is a wakeup call for women in assault cases, saying they need to get to a hospital immediately to "get that DNA saved".

The criminal case against Cosby partly stems from the accuser's related civil lawsuit a decade ago. "I'm sorry it's causing everyone frustration, but the law requires that I allow a deliberating jury to continue to deliberate". She also attacked the judge, the accuser's lawyers and the media.

Cosby was eventually charged in December 2015, just days before the statute of limitations was set to expire. In 2005, prosecutors declined to charge Cosby based on Constand's account, and she filed a lawsuit that Cosby settled for an undisclosed sum.

Mr Cosby, 79, was tried for drugging and sexually assaulting Andrea Constand in 2004.

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