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Cosby Jury Deadlocks

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Cosby Jury Deadlocks

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Cosby Jury Deadlocks

Cosby Jury Deadlocks

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After days of deliberation, the judge in the comedian's case has declared a mistrial.

MELISSA BLOCK, HOST:

The trial of Bill Cosby on sexual-assault charges has been declared a mistrial. The jury deliberated over five days and declared they were deadlocked on all three counts against the entertainer. Bobby Allyn of WHYY is at the courthouse in suburban Philadelphia and joins us now. And, Bobby, tell us what happened today.

BOBBY ALLYN, BYLINE: Yeah. So in a very devastating decision, you know, especially for the prosecution, the judge said the jurors are at a stalemate, and they're hopelessly deadlocked. That's the language that he used. They've been deliberating for more than five days now, trying to figure out Bill Cosby's fate. And they just could not come to an agreement. So the mistrial means Cosby will walk out of the courthouse, and his case will remain unsolved.

BLOCK: The prosecution has said they will retry the case?

ALLYN: Yeah. The prosecution has already said that they plan to refile criminal charges against Bill Cosby. And it should be said, you know, that's going to be a very, very difficult proposition. And it really hinges on the participation of accuser Andrea Constand.

I mean, she was on the stand for more than seven hours and endured extremely excruciating cross-examination. There was lots of tearful testimony from Constand, Constand's mother, one other accuser and other family members of accusers of Bill Cosby. So getting all of those people to go over this whole process again is really going to be critical to putting this case back on.

And from legal experts I talked to - they say, you know, perhaps the prosecution has learned lessons from this mistrial and will approach it a little differently. But the defense, too, has probably learned some lessons. And they're both probably going to take another whack at this.

BLOCK: What was the reaction there in the courtroom, Bobbie? Can you tell us how how Bill Cosby and his team reacted when they heard the news?

ALLYN: Yeah. So, I mean, there's a real sense of relief in the courtroom among defense counsel. I mean, they have been basically, you know, pushing and pushing and pushing for this mistrial since deliberations began. You know, you can tell by just looking at Bill Cosby. You know, for the whole deliberation process, he seemed frustrated. His aid would bring a pillow with him to sit on because he was getting tired just, you know, sort of sitting around in the courtroom, waiting for the jury to come back with the decision.

And this mistrial - it just - you could that Bill Cosby was very relieved by this decision. His spokesman and his defense attorney, like I said, have been asking the court for the mistrial more than a handful of times. So having a final decision definitely delivered a sense of relief that was very visible.

BLOCK: And was his accuser, Andrea Constand, in the courtroom to hear that this did end in a mistrial?

ALLYN: Yeah. And I couldn't really see Andrea Constand's reaction to this. I wasn't within sight to see what she looked like. But I'm sure we're going to get a lot of reactions from potentially her, other accusers, supporters of victims of sexual assault. You know, it's - we're about to see a lot of emotional reactions outside the courthouse now. And, you know, this has been going on for more than two weeks. It's raining outside of the courthouse right now. All the attorneys, the judge, the jurors, the journalists were all fatigued and wore down.

This is just - you know, it brings some sense of resolve and finality to this case. But for the complainant, Andrea Constand, for her all her advocates for the, you know, 60 other accusers of Bill Cosby, this is a very devastating loss. And, already, I'm seeing on social media that a lot of folks who were hoping for a sense of collective justice...

BLOCK: Yeah.

ALLYN: ...Through a conviction are not going to get that. And there's a real sense of disappointment right now.

BLOCK: Right. And news today, as we're reporting with Bobby Allyn from WHYY, that the trial of Bill Cosby on sexual-assault charges has been declared a mistrial. Bobby Allyn, thanks so much.

ALLYN: Thanks, Melissa.

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Judge Declares Mistrial In Bill Cosby Sexual Assault Case

Bill Cosby looks on as spokesman Andrew Wyatt triumphantly raises his fist outside the Montgomery County Courthouse in Norristown, Pa., on Saturday. Cosby's legal and publicity team treated the mistrial as a victory, though prosecutors immediately said they plan to retry the case. Matt Rourke/AP hide caption

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Matt Rourke/AP

Bill Cosby looks on as spokesman Andrew Wyatt triumphantly raises his fist outside the Montgomery County Courthouse in Norristown, Pa., on Saturday. Cosby's legal and publicity team treated the mistrial as a victory, though prosecutors immediately said they plan to retry the case.

Matt Rourke/AP

Updated at 1:05 p.m. ET

The judge in the sexual assault case of comedian Bill Cosby has declared a mistrial. After several days of deliberations, the jury could not come to a unanimous agreement on whether Cosby drugged and molested Andrea Constand, a former employee of Temple University, at his home near Philadelphia in 2004.

But this does not mean an end to the high-profile case: Prosecutors immediately said they will retry the case.

Cosby, 79, remains charged with three second-degree felony counts of aggravated indecent assault, and each count carries a minimum sentence of five years in prison. All told, if found guilty, Cosby could spend the rest of his life in prison.

"I remind everyone that this is not vindication or victory," Montgomery County Judge Steven T.O'Neill said Saturday. "A mistrial is merely the justice system at work."

Nevertheless, Cosby's legal and publicity team emerged onto the front steps of the courtroom triumphant.

"Justice is alive in Montgomery County," Cosby's attorney, Brian McMonagle, said with his client standing silently behind him. "We wanted an acquittal, but like the Rolling Stones song says, you can't always get what you want; sometimes you get what you need."

And in a scathing statement read aloud by a representative, Cosby's wife, Camille, called the the district attorney "heinously and exploitatively ambitious" and the judge "overtly and arrogantly collaborating" with him — among other allegations.

Asked later whether he believes Saturday's mistrial represents a victory for Cosby, spokesman Andrew Wyatt said: "I do. I think the DA — he has to say he's going to retry. But why keep costing these citizens millions of dollars?"

Meanwhile, Constand's attorneys are "confident that these proceedings have given a voice to the many victims who felt powerless and silenced," they said in a statement.

"We commend those prosecutors," they continued, "who raised awareness that one of the hallmarks of drug related sexual assaults is the affect the drug has on the victim's memory and ability to recall and were nonetheless willing to present this evidence to the jury."

Andrea Constand is "entitled to a verdict in this case," District Attorney Kevin Steele said at a news conference later Saturday. "We will push forward to try to get justice done."

He says that legally, he has 365 days to retry the case but that he hopes to "push it along" sooner than that.

"You can't put a price tag on justice," Steele said, when asked by reporters about the cost of the trial. "If you do, you're saying if someone is wealthy or famous, they don't deserve the same sort of justice as everybody else."

How the case unfolded

Constand is not the only woman who says Cosby raped or sexually assaulted her. Dozens of women have come forward over the past several years, with stories that echo one another. But in most of those cases, the statute of limitations had expired by the time the women told their stories publicly. Constand's case was the exception.

She reported the crime to police in 2005 and filed a civil suit against Cosby after prosecutors declined to press charges. A decade later, as more and more women stepped forward with accounts of assault, prosecutors took a second look at the allegations and this time, filed criminal charges.

Prosecutors argued that Cosby drugged Constand to incapacitate her so he could assault her. They cited Cosby's own statements that he gave her pills and touched her sexually and called another accuser to the stand to make the case that Cosby had a pattern of drugging and assaulting women.

Cosby's defense team questioned Constand's credibility, pointing to inconsistencies in her accounts to the police, and argued that the 2004 encounter was consensual and "romantic."

The prosecution took five days to present their case; the defense, less than a day. Cosby did not testify in his own defense.

Cosby's wife, Camille, joined him in the courtroom as his defense team presented its case. Supporters and well-wishers also gathered outside the courthouse; at times during the trial, Cosby "appeared in good spirits" as he spoke to and saluted his fans, The Associated Press reports.

Jury deliberations started Monday afternoon. As the days passed, the jury repeatedly asked to rehear portions of the testimony.

On Thursday, after more than 30 hours of deliberations, the members of the jury told the judge they were deadlocked and could not reach a unanimous consensus. The judge ordered them to try again, giving them instructions meant to motivate an undecided jury to come to a conclusion.

By the time a mistrial was declared Saturday, the exhausted jurors had spent more than 50 hours in deliberations.

A growing wave of allegations

For decades, Cosby's public image seemed not just untarnished, but untarnishable. He was the star of the wildly popular The Cosby Show and a successful stand-up comic. Genial, avuncular, beloved: He was America's dad.

As NPR's Gene Demby has written, Cosby was a black luminary who served not just as a racial and cultural ambassador to white America, but also as a financial backer of black America.

"Black colleges and prospective black college students were buoyed by his philanthropy, while his collections of black art graced important museums," Gene writes. "Even before his late-career turn as black America's moral scold, Cosby had spent decades leaning into his popular image as a paternal figure to bolster his influence as a paternalistic one."

Cosby presented himself as a sort of moral leader and advocate for responsibility: His controversial "pound cake" speech excoriated poor black Americans for what he described as ignorance and poor parenting.

In Philadelphia, where he grew up, Cosby was a hometown hero. "Cosby gave money to the city, and whenever he could, his time," Annette John-Hall reported for NPR. "In the early 2000s, he participated in 'callback sessions' with public housing residents in North Philadelphia, where they would talk about education, violence and teen pregnancy, among other issues."

In short, Cosby's name was synonymous with community leadership, black success, sitcom fatherhood, bold sweaters and Jell-O ads.

But a series of allegations of rape and molestation began swirling around the edge of that reputation. In 2000, a woman accused Cosby of groping her. Then Constand's allegations drew attention in 2005.

Constand's story led another woman to step forward, telling the Today show that Cosby drugged and assaulted her in the 1970s. Then another woman. Then another.

Cosby repeatedly and vehemently denied any wrongdoing. Almost a decade passed, and no criminal charges were filed. Cosby's legacy and career survived — by early 2014, Gawker described the allegations as "effectively forgotten."

Then, in the fall of 2014, comedian Hannibal Buress mentioned the allegations in a set. He said he was annoyed by Cosby's "smug" persona: " 'Pull your pants up, black people. I was on TV in the '80s. I can talk down to you because I had a successful sitcom.' Yeah, but you raped women, Bill Cosby. ... Brings you down a couple notches."

"You leave here and Google 'Bill Cosby rape,' " Buress told the audience. "It's not funny. That s*** has more results than Hannibal Buress."

The bit went viral, and suddenly Cosby's alleged assaults were back in the news. As in 2005 and 2006, more women stepped forward with stories of assault.

But this time, the wave of allegations didn't stop, and few people seemed inclined to forget and move on.

NPR's Scott Simon asked Cosby to directly address the allegations in a November 2014 interview. Cosby responded with an attention-grabbing series of silences.

The Associated Press went to court to get access to a previously sealed deposition from Constand's civil suit against Cosby. The wire service released the document — in which Cosby admitted that he obtained quaaludes, a sedative, with the intent of giving the drug to women he wanted to have sex with.

Then 35 women told their stories to New York magazine. Side by side, the stories showed the same themes again and again: Women who saw Cosby as a mentor, a father figure or an admired celebrity. A drink or a pill. Helplessness or fear or a night entirely lost to memory. Years of silence.

Cosby has continued, through his representatives, to deny that he committed any sexual assaults — admitting to infidelity but maintaining that all the sexual contact was consensual.