Bill Cosby judge declares mistrial; prosecutor vows to retry case
NORRISTOWN, Pa — The jury in Bill Cosby’s sexual assault trial here declared itself still hopelessly deadlocked on Saturday and Judge Steven O'Neill declared a mistrial.
O'Neill polled each of the 12 jurors whether they believe “there is a hopeless deadlock, which cannot be resolved by further deliberations?” Each juror stood and answered yes.
Cosby lead defense attorney Brian McMonagle then motioned for a mistrial, which O’Neill promptly granted.
District Attorney Kevin Steele told the judge he intends to retry the case. He told reporters at a press conference later that accuser Andrea Constand is "entitled to a verdict." He said he was disappointed by the mistrial, reiterated that he had no doubts about the state's case and that the trial was important for victims of sexual assault.
O'Neill released Cosby on the same conditions of his $1 million bond posted in December 2015.
“I will release you on that same bail to await the decision of the Commonwealth,” the judge said.
A mistrial, O’Neill said, is not a vindication for either party. After 52 hours of deliberations, O’Neill said, the jury's work is “probably one of the more courageous acts, selfless acts that I’ve seen in the justice system.” At least one juror fought back tears.
Montgomery County District Attorney Kevin Steel held a press conference Saturday morning following the announcement of a mistrial in the Bill Cosby sexual assault case. He says they will retry 'as soon as possible.' (June 17) AP
It was an unsatisfactory end to a 10-day trial that turned "America's Dad" into an accused sex offender.
It was not immediately known what the vote was, but it was clear the prosecution failed to prove its case beyond a reasonable doubt in the view of at least one juror. The jurors now have the right to speak publicly but they don't have to do so.
In the courtroom, neither Cosby nor Constand, who was present, showed much emotion. Afterward, Cosby's spokesman, Andrew Wyat, declared victory. "Mr. Cosby's power is back. It has been restored," Wyatt said.
After court was dismissed, Constand stood, a smile on her face, and hugged those around her.
Her civil attorney, Dolores Troiani, released a statement later on her behalf thanking the prosecution team and the jury and hailing the trial for giving a "voice to the many victims who felt powerless and silenced" She also warned the media to leave Constand alone. "Andrea and her family are asking everyone to respect her privacy at this time," the statement said.
Judge O'Neill dismissed the jury of seven men and five women and sent them home to Pittsburgh where they had been selected and then sequestered 300 miles away here in Montgomery County in suburban Philadelphia where Cosby has a home.
“We have been at this for over 18 months,” O’Neill said. “To everybody here who has done it on this county system, I thank you ... With that, I bid you a farewell for this case and a happy Fathers Day for all the fathers who are out there,” he said
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