Culture&Arts

Here's what happens when a jury is deadlocked

Here's what happens when a jury is deadlocked

Bill Cosby (R) arrives with aide Andrew Wyatt on the fourth day of jury deliberations in Cosby's sexual assault trial at the Montgomery County Courthouse on June 15, 2017 in Norristown, Pennsylvania.

The jury of seven men and five women started discussing the closing thoughts of the affair on Monday night. "But each of you must decide by yourself".

After further deliberations, jurors could still return a unanimous verdict.

The jury, sequestered for the duration of the trial and unaware of the back-and-forth outside, reviewed the testimony of the police officer who took Constand's initial report.

The charges involve Cosby's sexual encounter with Andrea Constand, 44, at his suburban Philadelphia home. A toxicologist called to testify by prosecutors said Benadryl had been used by a serial rapist in Great Britain, and that Cosby gave Constand enough of the medication - 1 1/2 pills - to make her drowsy. He says it was consensual.

Shortly after the announcement, O'Neill sent the jurors back to the jury room to continue their deliberations into the night.

Lili Bernard, who claims Cosby sexually assaulted her in the early '90s when she was preparing for a guest appearance on "The Cosby Show", said she loved Cosby and he took advantage of her.

They allege a pattern of gaining women's trust by mentoring them then drugging and sexually assaulting them. "The consent issue is good for Cosby - the deposition is not".

His attorney indicated he would like to motion for a mistrial, but the judge told him "not at this time".

There is no rule on how many times O'Neill can order jurors back to work under the Spencer Charge. "You could have a conscientious jury that is taking their civic responsibility very seriously...wanting to do a diligent job of going through the evidence and making sure they understand it correctly", said Bressler, who is co-counsel in the forthcoming sexual assault civil case, Green v. Cosby.




Stuart Slotnick, a NY criminal defense attorney who has been following the case, told USA Today, "A quick verdict will not be a good thing for Cosby". They've been deliberating for almost 40 hours over four days.

What might lead to long deliberations? One, more upbeat, nodded along.

When they were alone in the kitchen, he offered a few blue pills to help her with tension, Mason testified recalling his interview.

It is unclear what is the central point of disagreement among the jurors.

The couple and their 14-year-old son and 9-year-old daughter chatted with Cosby on Thursday in a room where he has been spending time while awaiting the jury's verdict. "They want to get it right". Both of these possibilities could benefit the defense from certain perspectives. O'Neill reads what's known as a "dynamite" charge to remind them of their duty to try to find consensus, and he tells them to keep trying.

"In most criminal cases, anything short of a conviction is a win for the defense", said Rudovsky, who isn't involved in the case.

"I'm disappointed in whoever the jurists are who are holding out", she said.

The defence insisted Constand was a willing partner and said she hid the fact that the two had had a romantic relationship when she went to police a year after the alleged assault.

She added: "I wanted it to stop".

"While you should not hesitate to reexamine your own views or change your opinion if your opinion is erroneous, do not feel compelled to surrender your honest belief", he told the panel.


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