Bill Cosby judge says jurors' identities can be released

Anita Tucker
June 22, 2017

The jury had been sequestered since the trial started June 5 in Norristown until the mistrial on Saturday, when they told Judge Steven O'Neill - for the second time that week - that they could not reach a verdict.

In a retrial, District Attorney Kevin Steele could ask the judge to allow testimony from more of Cosby's 60 accusers, or to disclose to jurors that Constand is gay.

"O" Neill cited a possible "chilling effect" on new jurors as the reasoning behind his hesitant decision, and instructed the jurors they could not "disclose anything said or done in the jury room" by anyone other than themselves.

Other jurors declined to comment.

Cosby remains out on a $1 million bond.

The judge indicated he will issue a ruling on the request sometime Wednesday. Media groups argued for their release. McCloskey first came forward to a Pittsburgh radio station.

McCloskey said he was "ridiculously sick" over the lack of a verdict and likely would have voted to convict. "We never ruled it out", Angela Agrusa tells NBC News. "I felt like we could have brought justice".

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The school cafeteria director told NBC that the panel was consensus-challenged from the start. "Witnesses are gone. We kept running into walls trying to investigate the accusations because there's nothing left". "We had so many personalities in the room". A retrial could occur within about 120 days.

"For today, you must be very tired", he said at the end of their fourth day of deliberations, adding, "You are exhausted and deliberation should be with a fresh and well-rested mind and body". Rape is easier for juries to believe when assaults are committed by a stranger who jumps out of some bushes with a gun or knife, not with "three blue pills", as Constand testified Cosby gave her one night in 2004.

Speaking with CNN, McMonagle also pledged his readiness "to go to back and do battle for him again", should Cosby desire his services. "It's really sad for her because literally she's already gained money from before, so she has nothing really financially to gain out of this".

Without detailing the discussions that took place, the juror's personal belief is that Constand may not have known what pills Cosby was giving her, but "she did take them, and he didn't force them on her". But that admission stayed secret until a decade later, when a federal judge lifted the seal that Cosby and his lawyers fought feverishly to hide. Despite that, Cosby's previous interviews with police, his deposition from Constand's 2005 civil case, and a taped phone call with Constand's mother were played in court.

The jurors tension, they said, was exacerbated by the small room they were placed in to deliberate.

"She would have blown you away". Despite the weight of the evidence supporting her account, inconsistencies in her original reports to police made it hard for the jury to agree unanimously on guilt beyond a reasonable doubt. "I'm sitting in this jury box, on the side of the jury, and I wanted to get up and clap for this lady".

The celebrated comedian was charged with three counts of aggravated indecent assault.

Other reports by My Hot News

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