Published: Mon, June 19, 2017
Life&Culture | By Rose Hansen

Cosby prosecutor undeterred by mistrial, vows to try again

Cosby prosecutor undeterred by mistrial, vows to try again

Comedian Cosby, 79, was facing up to 30 years behind bars on three charges of aggravated indecent assault, accused of drugging and sexually molesting Andrea Constand, a former Temple University basketball manager, at his home in 2004.

Later, after the jury was out of the room, O'Neill said the trial was the "largest undertaking in probably the history of this county" and thanked public and the news media for their good behavior in the courtroom.

Camille, the entertainer's wife of 53 years, slammed prosecutors for bringing the case to court, calling Steele "heinously and exploitively ambitious" in a statement released after the trial.

Masten was among the Cosby accusers who responded to CNN requests for reaction to the mistrial. Cosby pleaded not guilty to the charges.

Cosby is also battling sexual battery or defamation cases still pending by 10 women in California and MA.

McMonagle said it was up to Cosby whether he would represent him in court again. O'Neill instructed them to keep working toward a unanimous decision.

Yet the judge had his limits, putting his foot down Friday when jurors asked to hear a sliver of testimony they'd just had read back to them. "I feel bad for all of you, I really do".

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After the mistrial, Constand doled out hugs to her mother, prosecutors and some of the other women who say the TV star drugged and abused them.

The mistrial was a blow to the dozens of women who have said they were sexually assaulted by Cosby, including several who attended the trial wearing buttons that read "We Stand in Truth". But Camille Cosby's criticism of him was puzzling because he issued an all-important pretrial ruling that seemed to help the defence and dealt a crushing blow to prosecutors. But after 12 jurors became deadlocked in their deliberations, a Pennsylvania judge declared the case a mistrial.

There is, of course, also the possibility that jurors might simply disagree at to the weight of the evidence in a largely "he said, she said" case with little forensic evidence (e.g., the composition of the pills), or exactly what the judge's legalistic instructions mean when applied to the facts of this case. She then said she was "grateful to any of the jurors who tenaciously fought to review the evidence; which is the rightful way to make a sound decision".

O'Neill, an intense and folksy jurist who often strolled the hallways during six days of jury deliberations loudly whistling the theme from the television show "The Leftovers", seemed to side with the prosecution by allowing deliberations to drag on for 52 hours. The incidents made her uncomfortable, but she continued to trust him because of who he was, the affidavit said.

Prosecutors immediately said they would seek a retrial.

According to the documents, lawyer Dolores Troiani asked Cosby: "When you got the Quaaludes, was it in your mind that you were going to use these Quaaludes for young women that you wanted to have sex with?" However, it looks as if those deciding Cosby's fate are hopelessly deadlocked. His attorneys have said throughout that their client is innocent of all accusations.

The defense has said Cosby and Constand were lovers sharing a consensual moment of intimacy.

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