Martedì, 24 Aprile, 2018

Cosby judge bristles at requests for mistrial

Parmenio Sano | 17 Giugno, 2017, 04:17

"What we've got now is jurors trying to overcome other jurors by having a recap of the entire testimony", defense lawyer Brian McMonagle said while demanding a mistrial.

Cosby tweeted the message on Friday shortly after jurors asked to review his lurid testimony about giving quaaludes to women he wanted to have sex with.

But experts say that if he is convicted, it's likely Cosby's attorneys would be able to successfully argue the charges be combined for sentencing purposes, since they cover the same encounter and conduct. Prosecutors have suggested he might have given her quaaludes, a highly popular party drug in the 1970s that was banned in the U.S.in 1982.

The testimony that the jury asked to hear again in court included details on how Cosby allegedly referred to himself as a "sick man" during the chat with Gianna, who is the mother of his accuser, Andrea Constand.

"I learned more from him than I did from her", she said during her testimony, in reference to a phone conversation she had with Andrea a year after the alleged incident.

"As long at this jury wishes to continue to deliberate I will let them deliberate", O'Neill said. The jury also requested to hear again Cosby's prior sworn testimony during which he admitted to obtaining Quaaludes to give to women with whom he wanted to have sex.

Montgomery County District Attorney Kevin Steele, center, and Montgomery County Assistant District Attorney Kristen, left, enter the courtroom during jury deliberations in Bill Cosy's sexual assault trial at t.

The case was reopened in 2015 after a federal judge unsealed Cosby's deposition testimony taken in a lawsuit brought against him by Constand.

The Associated Press does not typically identify people who say they are victims of sexual assault unless they grant permission, which Constand has done.


Cosby is charged with drugging and molesting Constand at his home in 2004.

Heading into Friday's round of talks, the jury had deliberated for almost 40 hours since getting the case Monday. He says they were lovers and the encounter was consensual. In that case, prosecutors would get four months to decide whether they want to retry Cosby or drop the charges.

Also on Friday, O'Neill questioned Cosby if he consented to the mistrials sought by his lawyers and Cosby said, "Yes".

Nearly immediately after the judge ordered jurors back to their deliberations Thursday, Cosby publicist Andrew Wyatt took to a podium outside the courthouse saying the deadlock showed Cosby was not guilty. But O'Neill gave them a special instruction required by law and sent them back to deliberations to see if they could settle their differences and reach a verdict.

Andrew Wyatt, the 79-year-old entertainer's garrulous spokesman, bounded to a bank of microphones near the courthouse entrance to declare victory.

"If the jury comes back and remains deadlocked then the judge can declare a hung jury and declare a mistrial which allows a new trial for the defendant", said former prosecutor Dennis McAndrews.

Specifically, the jury of seven men and five women asked Judge Steven T. O'Neill to redefine the legal concept of "reasonable doubt".

Jurors will return for a fifth day of work Friday. But the jurors failed to come to an agreement by 9 p.m. ET, after 40 hours of discussions.

Three counts of felony aggravated indecent assault, each covering a different aspect of the alleged crime.

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