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Steinberg: Next Cosby Trial Could End The Same Way

20 June 2017

Cosby's trial ended without a verdict after jurors failed to reach a unanimous decision.

Bill Cosby's lawyer is speaking out following Saturday's mistrial.

The judge has asked that prosecutors file a new case within 120 days; District Attorney Kevin Steele said he would.

"Too often these types of crimes, sexual assaults, do not get reported, especially cases where a drug has been used in a drug-facilitated sexual assault", Steele said.

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.

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The search for jurors without any feelings on the case will only be more hard given the intense coverage of the first trial. "Once people say they are deadlocked, then what really becomes the reason for further deliberations?" For Cosby to plead to a misdemeanor, a lesser charge, he would have to waive the two-year statute of limitations that would apply to the 2004 encounter. The mistrial in Cosby's case came only a day after a Minnesota jury acquitted police officer Jeronimo Yanez of all charges stemming from the shooting death of Philando Castile at a traffic stop on July 6, 2016.

"The key to retrying a case is to do it differently the second time, because the defense expects you to do it the same way", said Troiani, whose client is on board for a retrial.

McCloskey shared a picture of what appeared to be his juror tag in a recently deleted Facebook post.

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". The juror's names haven't been made public and the split on the vote hasn't been disclosed, shrouding the case in mystery. They joined Marty Moss-Coane on Monday's edition of Radio Times to talk about the legal proceedings, but also about what it was like to cover the trial, in which jurors were anonymous and cameras and smartphones were prohibited. Media organizations urged a judge to release them, saying the public has an interest in "confirming that the outcome of the first trial was the result of an impartial process". A hearing is scheduled for Tuesday.

The prosecution also said they will revisit their petition to have 13 of the more than 50 Cosby accusers testify in the retrial. He did, however, advise them that speaking publicly about the case could cause problems in the case of a new trial, which prosecutors have vowed is coming.

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"I would say we would have voted to convict", he said.

Cosby, who will turn 80 next month, was accused of drugging and raping Andrea Constand in 2004.

He said one of the most damning pieces of evidence against the man once known as "America's Dad" was the phone call between him and accuser Andrea Constand's mum, Gianna.

"It can never be clearer that if you speak up, you could be chilling the justice system in the future if jurors are needed in this case."
In a sworn deposition in 2005, in a civil case brought by Constand, Cosby admitted he had obtained Quaaludes with the idea of giving them to women he wanted to have sex with, and that he gave them to one young woman and "other people". "It's an old case, it's a controversial case, it's a case that involves questions of consent", said professor Laurie Levenson, of Loyola Law School.

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