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Sat Jun 17, 2017, 10:25 AM

UPDATED: Mistrial is declared in sexual-assault trial of entertainer Bill Cosby

Source: The Washington Post



By Manuel Roig-Franzia June 17 at 10:31 AM

NORRISTOWN, Pa. — A Pennsylvania judge declared a mistrial Saturdayafter a jury was “hopelessly deadlocked” on sexual-assault charges against Bill Cosby, the comic legend whose legacy as a promoter of wholesome values has been tarnished by a years-long sex and drugging scandal. As the mistrial was declared, Cosby sat at the defense table with his chin held high, a flat, blank look on his face. Across the well of the courtroom, jurors stood one-by-one in the jury box and said, “Yes,” as the judge asked whether each whether they agreed that the jury is “hopelessly deadlocked.” The jurors answered without hesitation, but several slumped forward in their chairs, elbows on their knees and fingers knit, looks of frustration on their faces.

After the questioning was done, the entertainer sat back in his chair, holding a slender cane that has been with him inside the courtroom each day to his chest. Cosby’s family was not in the courtroom to hear the judge’s decision. After the jury filed out, prosecutor Kevin Steele announced in court that he will retry Cosby

The jurors, who had complained of exhaustion, deliberated 52 hours before finally saying it could not reach a verdict on three counts of aggravated indecent assault against the 79-year-old entertainer. But the hung jury does not end Cosby’s legal troubles because he could be retried on the same charges and is still facing lawsuits filed by some of the 60 women who have accused him of sexual assault, rape or sexual harassment.

As deliberations dragged on, signs of discontent in the jury room kept emerging. The jurors, who had been kept working for 12- and 13-hour days by Steven T. O’Neill, the Montgomery County judge overseeing the case, since beginning their cloistered discussions Monday afternoon, asked to go back to the hotel early on Tuesday. The next day they expressed “concerns” to court officials, though the judge did not reveal the substance of their complaints.


Read more: https://www.washingtonpost.com/news/post-nation/wp/2017/06/17/mistrial-declared-in-cosby-sex-assault-trial-jury-hopelessly-deadlocked/?pushid=59453b832e12651d00000076&tid=notifi_push_breaking-news&utm_term=.995c97b0f99f

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Reply UPDATED: Mistrial is declared in sexual-assault trial of entertainer Bill Cosby (Original post)
DonViejo Saturday OP
DeminPennswoods Saturday #1
angstlessk Saturday #2
NobodyHere Saturday #9
former9thward Saturday #20
Odoreida Saturday #36
LanternWaste Monday #38
Calista241 Saturday #3
Drunken Irishman Saturday #30
irisblue Saturday #4
yallerdawg Saturday #5
Archae Saturday #6
rocktivity Saturday #34
TEB Saturday #7
ucrdem Saturday #8
beachbum bob Saturday #10
Stuart G Saturday #13
beachbum bob Saturday #17
NobodyHere Saturday #11
beachbum bob Saturday #14
David__77 Saturday #12
rtracey Saturday #15
Igel Saturday #21
forgotmylogin Saturday #23
Cryptoad Saturday #16
Grammy23 Saturday #18
samnsara Saturday #19
Doug the Dem Saturday #22
cstanleytech Saturday #24
qwlauren35 Saturday #25
athena Saturday #26
qwlauren35 Saturday #28
MrPurple Saturday #27
cstanleytech Saturday #32
MrPurple Saturday #35
cstanleytech Saturday #37
apcalc Saturday #29
CentralMass Saturday #31
Squinch Saturday #33
CTyankee Monday #39

Response to DonViejo (Original post)

Sat Jun 17, 2017, 10:28 AM

1. the judge is lucky the jury remained hung

and didn't reach a verdict one way or the other. Him forcing the jurors to keep deliberating at least twice would have been a ready made argument for the losing side's appeal.

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Response to DonViejo (Original post)

Sat Jun 17, 2017, 10:28 AM

2. I think it's over...he never killed anyone, so it may not be re tried.

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Response to angstlessk (Reply #2)

Sat Jun 17, 2017, 10:50 AM

9. Prosecutors plan on another trial

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Response to NobodyHere (Reply #9)

Sat Jun 17, 2017, 12:09 PM

20. Maybe there will be.

But every prosecutor says they will retry after a mistrial and often a couple of months later it is quietly dismissed. This is a huge amount of resources being used and the prosecutors will have to convince their boss they will get a guilty verdict the second time after they couldn't the first. What is going to be different?

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Response to former9thward (Reply #20)

Sat Jun 17, 2017, 08:42 PM

36. Maybe a plea deal and a few months house arrest? n/t

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Response to former9thward (Reply #20)

Mon Jun 19, 2017, 12:15 PM

38. Most likely there will be.

Most likely there will be.

Like you, I'm offering no supporting evidence in my prophecy as well.

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Response to DonViejo (Original post)

Sat Jun 17, 2017, 10:28 AM

3. Reminds me of the OJ and Michael Jackson verdicts. n/t

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Response to Calista241 (Reply #3)

Sat Jun 17, 2017, 04:10 PM

30. Not quite the same. Both OJ and Michael were found not guilty.

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Response to DonViejo (Original post)

Sat Jun 17, 2017, 10:29 AM

4. Damn nt

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Response to DonViejo (Original post)

Sat Jun 17, 2017, 10:34 AM

5. 50 plus women accuse and Cosby admits in a deposition?

If I were a criminal defendant, I would tell my lawyer, "Screw you and that plea bargain. I want a jury!"

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Response to DonViejo (Original post)

Sat Jun 17, 2017, 10:35 AM

6. In a criminal trial, all it takes is just one jury member.

To cause a mistrial.

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Response to Archae (Reply #6)

Sat Jun 17, 2017, 07:41 PM

34. It depends on how many holdouts there were

Was it 11-1 for conviction? 6-6? 3-9?


rocktivity

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Response to DonViejo (Original post)

Sat Jun 17, 2017, 10:36 AM

7. On AM joy

The prosecution will refile for a new trial.

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Response to DonViejo (Original post)

Sat Jun 17, 2017, 10:40 AM

8. Justice will be done sooner or later

and if the holdout juror thought the charges weren't sustainable I'm glad he or she stood his/her ground.

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Response to DonViejo (Original post)

Sat Jun 17, 2017, 11:06 AM

10. I served on a murder trial and after the second vote of

10-2 for acquittal, we remained deadlock for the next 12 hrs. The 2 dissenting votes were 2 old ladies that based their position on the fact defendant had to be guilty or he wouldn't have charged. The judge would not accept a deadlock and we were sequestered at a hotel 30 miles away at midnight and had to be up at 6am to meet for breakfast and shuttled back to the courthouse. The only evidence the prosecution had was a "confession" that was signed after 24 hours straight of being questioned without an attorney, the sole witness of prosecution was the younger brother of the actualler killer who pled guilty. The younger brother copped an immunity deal to testify against the defendant who actually turned in the 2 brothers for killing. The younger brother emitted pure evil. The guilty brother refused to testify and we jurors saw all this an attempt by the prosecution at what they thought was an easy conviction....after all they had an eye witness and a confession. The defendant took the stand and withstood 8 hrs of the most brutal cross examination which also included having the bloody victims tshirt tossed at him. He never wavered.

The second day of deliberations, the 2 dissenting votes finally went along...why?....they were exhausted....similar to what the defendant went thru with his 24hrs of interrogation.

Cosby and his lawyer depends on his celebrity status to keep him free. Next trial it will not..

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Response to beachbum bob (Reply #10)

Sat Jun 17, 2017, 11:25 AM

13. Thank You for sharing this...Very informative...!!!!!

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Response to Stuart G (Reply #13)

Sat Jun 17, 2017, 11:35 AM

17. high profile murder case almost 30 years ago and

took over 200 in the jury pool to seat a jury. I was the last juror select and believe me I tried everything to get out of it but judge would have none of it. No way he would allow a hung jury either and madr that clear but when you have one or 2 jurors refusing to discuss evidence pertinent to the case, not much can be done, you don't decide on "feelings". The 10 of us saw it for what it was, a clear case of railroading. I think the judge purposely let us deliberate uno nearly 9 pm before we took a dinner break and we had to get our family get some clothes for the overnight sequester. Taking us 30 miles to hotel was involved in his plot too as we did not get to bed till midnight and lucky to get 6 hours sleep.

Cosby is a POS, and next time the trial should fare better.

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Response to DonViejo (Original post)

Sat Jun 17, 2017, 11:09 AM

11. It will be interesting to see how the jury was split

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Response to NobodyHere (Reply #11)

Sat Jun 17, 2017, 11:28 AM

14. usually that number is provide

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Response to DonViejo (Original post)

Sat Jun 17, 2017, 11:20 AM

12. I don't know how I would have voted as a juror.

I can say that if I had a reasonable doubt about guilt of the specific crimes charged, I would vote not guilty.

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Response to DonViejo (Original post)

Sat Jun 17, 2017, 11:29 AM

15. i figured as much

Anytime you have a celebrity, they tend to get better treatment. I actually remember fucking Cosby doing a comedy routine a year or 2 ago about him and his hundreds of drugged women... anytime you can make people laugh, or seem like you are the victim not your victims, you get the sympathy.... who does that sound like? FUCKUMP - COSBY....cut from the same mold.

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Response to rtracey (Reply #15)

Sat Jun 17, 2017, 01:06 PM

21. Maybe.

It may just be a way to accept what's considered an unjust verdict. The assumption is still that the plaintiff is correct and the defendant guilty under the law, and a reasonable jury, composed of right-thinking people like yourself, would agree with you. A lot of people heard a woman or group of women say he raped them; that was it, he was guilty, what need is there for a trial?

It may be that some jurors looked at the evidence, the law, and said that under the law he's not guilty. Maybe they didn't believe her narrative of what happened--it's imprecise, and could easily have been put together after the fact. Perhaps they thought there was enough doubt that "guilty beyond a reasonable doubt" wasn't applicable and so they had to find him not guilty.

We can't tell. We didn't watch all the testimony. It may be a celebrity effect; it might be that under the law it's reasonable to say he's guilty.


It always pays to remember what memory is like, how flexible it is. The two examples I like to keep in mind are matters of public record. One is the school scandal from the '90s, where a lot of teachers and administrators lost their careers and reputations because the kids accused them of sexual abuse. Except that after the trials, after their reputations and careers were ruined, close examination of the evidence showed that the defense lawyers had messed up. Looking at the layout of the building, looking at schedules and who was on the premises at specific times, the kids' narratives couldn't have been correct. Carefully comparing the "counseling" with the kids' testimony, and correlating it with how the kids' narratives changed over time, it became obvious the kids had the idea planted and then built memories around the ideas. Once the ideas were planted, listening to others' stories gave kids more confidence that theirs were correct and provided additional details they could incorporate into their stories. The defense attorney had just assumed that memories were memories. You might forget something, but you certainly couldn't confidently remember something that didn't happen and was unlike anything that ever happened to you. (Yeah. Like alien abduction.)

In like fashion, there was a bishop or cardinal that was briefly caught up in the Catholic "pedophilia" scandal. He'd been based in Los Angeles for a number of years and was popular and well liked, but was later transferred to someplace ... maybe in the mid-West. Anyway, a woman in LA said he'd assaulted her sexually several times in his office well over a decade before. She described the office, the events, and fortunately for the truth gave specific dates. The assumption was jumped to that he'd been transferred because higher-ups knew. The poor woman had very concrete, very specific information, and the accusations made national front page news. Until a few days later when the story quietly vanished, because for some of the dates she'd been so certain about the man was at a conference in another state and his picture was on the front page of the local newspaper at the time. That led support to his claims that for other dates she said when his planner said he was out of town that he really was out of town, but, you know, that didn't actually make the accusation and the news story go away. What made it vanish overnight was when it came out that she'd been mentally ill and received treatment. A few people said that made it more important to believe her, we can't "blame the victim," but the story was dead--the alleged perpetrator may not get any respect, but she was just a bad witness. Then there was all the evidence saying the presumed bad guy couldn't have done it.... Otherwise her memories were precise, specific, and wholly fictional. In her case, she heard about all the other assault cases and built her memories only after hearing others'.

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Response to rtracey (Reply #15)

Sat Jun 17, 2017, 02:24 PM

23. Remember the jury cannot look at what's not presented to them.

That's why it can be hard to seat a jury in well-publicized cases who haven't already made up their mind.

They heard from the defendant, and the judge allowed only one other victim to testify. I'm not certain if the jurors "didn't know" about how many women accused him, or may have been instructed to disregard that in their deliberation.

The prosecution can have a 2 hour taped confession of the defendant admitting up and down they are guilty and describing exactly how they killed the victim, but if that tape was obtained illegally somehow and declared inadmissible by the judge...the prosecution cannot present it to the jury and they won't hear it. That's why the defense will find any grounds they can to throw out evidence or testimony that convicts their client.

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Response to DonViejo (Original post)

Sat Jun 17, 2017, 11:33 AM

16. This is American Justive,,,,, Rich Folk Justice!

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Response to DonViejo (Original post)

Sat Jun 17, 2017, 11:48 AM

18. Seems like Cosby is an old man now and his reputation has been trashed.

His legal troubles seem to continue and it appears he will face trial again for this particular case. I have no idea how I would have voted in this case because I didn't hear all of the evidence presented and I know things that the jurors supposedly did not, such as how many other women have made similar claims.

Cosby's troubles are far from over. This is just one more in a long line and even it is not finished since the prosecutor says he will try again. You can bet they will go over what they did this time and try to not make the same mistakes that led to a mistrial.

I find myself oddly feeling very sad about this whole debacle. I started listening to Cosby as a teenager in the 1960s and bought several of his albums. Wonderfulness and 200 mph. My family enjoyed them over and over. Later we were faithful fans of the Cosby Show. After hearing of what he did and ADMITTED to doing to the women, I am not sure I can ever watch or listen to them again. What a disillusionment. 😔

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Response to DonViejo (Original post)

Sat Jun 17, 2017, 12:04 PM

19. thats sad. But Cosby is ruined and a social pariah so hes in a jail of his own making.

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Response to DonViejo (Original post)

Sat Jun 17, 2017, 01:24 PM

22. Jell-O Pudding Pops

Half the jury probably grew up on them, and couldn't bring themselves to convict.

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Response to Doug the Dem (Reply #22)

Sat Jun 17, 2017, 02:26 PM

24. Possible or it could simply be an issue of a prosecutor simply not putting together

enough compelling evidence to get the jury to convict.

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Response to DonViejo (Original post)

Sat Jun 17, 2017, 02:57 PM

25. It never ceases to amaze me.

How a man can think with his penis when his upper brain is so much smarter.

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Response to qwlauren35 (Reply #25)

Sat Jun 17, 2017, 03:13 PM

26. It's not about sex. It's about power.

Sexual assault is always about power, not sex.

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Response to athena (Reply #26)

Sat Jun 17, 2017, 03:27 PM

28. Sometimes

Sex is about power. Sometimes, sex is about dominance. I am absolutely convinced that one of the reasons that some men are so uncomfortable with gay sexuality is that it means, in their minds, that one of the men is submissive, and they just can't wrap their heads around that.'

I would add that some men would never, ever allow themselves to be on the bottom.

I personally think that the number of men who sexually dominate their women is huge, if not the majority, and that the leap from sexual dominance to sexual assault is a small one.

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Response to DonViejo (Original post)

Sat Jun 17, 2017, 03:14 PM

27. The jury didn't know about the 50+ women who had similar experiences

The general public has heard more evidence than the jury did. 50+ women came forward and said that Cosby drugged and raped them over the decades. I think only one of them was allowed to testify in this trial and the defense got the rest excluded.

Based on the evidence that was presented in this trial, I might have ruled that there was reasonable doubt, but I've seen dozens of these women interviewed and it seems extremely unlikely that they're all lying for a payday or that they've experienced some kind of mass hallucination.

What's kind of incredible is that if Hannibel Burress, a comedian, hadn't done a routine at a club in Philly about Cosby's previous civil suit about this, which someone filmed on their phone and went viral, this wouldn't have gotten press and the additional women wouldn't have come forward (14 of them already had over 10 years ago), the public wouldn't have known/cared about this and Cosby would be starring in a tv show now with his popularity unscathed.

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Response to MrPurple (Reply #27)

Sat Jun 17, 2017, 06:45 PM

32. The judge couldnt allow them to testify though atleast not without having the case entirely

thrown out on appeal as he was never convicted in any of those other cases in a court of law.

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Response to cstanleytech (Reply #32)

Sat Jun 17, 2017, 08:32 PM

35. That makes sense, but not really sure why the women couldn't testify under oath

that Cosby had treated them the same way. I'd think that would be relevant as a pattern of behavior. I would certainly view Cosby differently if this was a single case of he said/she said vs. 50 women all with very similar stories spanning decades.

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Response to MrPurple (Reply #35)

Sat Jun 17, 2017, 08:50 PM

37. Because it could be considered as tainting the jury and it essentially would have forced

him to defend himself from both the current charges and the claims the other women might have made and the court would have thrown the verdict out fast on appeal and maybe even barred any further charges from being filed against Cosby in this specific case.
Right now though there is still the option he can be tried again though given his age and the way the current trial just went I am not going to hold out much hope for that.

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Response to DonViejo (Original post)

Sat Jun 17, 2017, 04:04 PM

29. He walks free...at least for now.

The women he assaulted will never be free.

Typical US Justice imo.

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Response to DonViejo (Original post)

Sat Jun 17, 2017, 04:17 PM

31. I was a jury forman on an OUI case in MA a few years ago

The defendant was a fat cat banker that had been arrested on the highway. He had a good attorney and we guessed that some wvidence must have been ruled as inadmissible.

The assistant DA handled the prosecution and did it poorly in my opinion. The arresting and booking officers both testified and we felt like she should have asked the officers some soecfic questions that would have given us (the jury) more details.

I wont write a novel about it but will say that i think we all felt that he was guilty yet the proceedings and evidence that was allowed in thr trial did not give us the ability to easily render a guilty verdict.

W had one real right wing women who was quite adamant about it and another very sweet women who was her mothers caregiver and didn't want to "ruin the defendents life" by voting guilty. As the day wore on I tried my best to cover the details of the trial and spur discussion. After lunch we were still hung so i asked if we could ask tbe judge for a more complete explanation of what the burdon of proof for operating under the influence in MA is and then it was back to the deliberation room. As the day neared the end that one lone women was the only not guilty vote. it was clear to all of us that despite our efforts to get her to change her mind, she was never going to find him guilty despite feeling that he was. Then the we had to convince her polar opposite to go with not guilty.
So in the end we returned a verdict of not guilty.. The process really opened my eyes as to how our judicial system works.

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Response to DonViejo (Original post)

Sat Jun 17, 2017, 07:19 PM

33. Never underestimate the need in our society to blame women for being raped.

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Response to Squinch (Reply #33)

Mon Jun 19, 2017, 12:58 PM

39. and that is why women don't report it...they think no one will believe them...

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