Jury adjourns, Deliberations continue Thursday in Cosby retrial

Jim Melwert
April 25, 2018 - 11:34 am
 Norristown, PA, USA; Bill Cosby arrives at the Montgomery County Courthouse.

Credit: Eduardo Munoz Alvarez/AFP-Pool Photo via USA TODAY NETWORK

NORRISTOWN, Pa. (KYW Newsradio) — Jurors in Bill Cosby’s sex assault re-trial will be back at it Thursday after spending about ten-and-a-half hours deliberating Wednesday, but no verdict. 

Cosby is facing three charges of aggravated indecent assault.

There are slight variations among the three: One count says the victim did not consent; the second that the victim was unconscious or unware what’s happening; and the third involves administering drugs, intoxicants, or other means for the purpose of preventing resistance.

The jury asked a series of questions throughout their first day of deliberations.

Jurors first asked for a definition of “consent” but the judge told them “consent” that’s for them to determine as “consent” isn’t defined under the law.

They also asked to have hours of testimony read back to them, including testimony Bill Cosby gave in 2005 and 2006 as part of Andrea Constand’s civil suit. When that deposition was unsealed in 2015, the Montgomery County DA’s office re-opened the investigation.

They’d asked for the entire testimony read back from the woman who says Constand once told her she could say she was drugged and sexually assaulted to get money to start a business.

But around 9:30pm, they opted to go back to the hotel for the night.

The charges stem from a night in January 2004, when prosecutors say Cosby gave Andrea Constand pills at his Elkins Park home. He says it was Benadryl; she says she was unable to speak or move as he molested her.

Cosby’s defense argues the night was part of an ongoing consensual relationship. They say Cosby’s only error was trusting and befriending Constand. They call her a “pathological liar” who concocted the story to get a $3.4 million dollar payout.

In addition to Constand, five other women with similar accusations also testified. Prosecutors argue the testimony of those women shows Cosby used his reputation as a beloved entertainer and "America’s Dad" to trick women into taking pills so he could molest or rape them.

Jurors in this trial saw a witness testify she was here because she wanted to see a serial rapist convicted; a detective say he has an opinion and that opinion is Bill Cosby is a rapist; and another witness openly sobbing, then yelling across the courtroom “You remember, Mr. Cosby, don’t you!” while the judge was trying to address the jury.

Cosby’s first trial ended with a hung jury last June. That jury in that trial deliberated for 52 hours over six days before finally telling the judge they were hopelessly deadlocked.