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| Bill Cosby Trial Day 9: Jury Reports It Is Deadlocked | Bill Cosby Trial Day 9: Jury Reports It Is Deadlocked |
| (about 1 hour later) | |
| • On the fourth day of deliberations, the jury in the Bill Cosby sexual assault trial reported to the judge that they were deadlocked and unable to reach a verdict. | • On the fourth day of deliberations, the jury in the Bill Cosby sexual assault trial reported to the judge that they were deadlocked and unable to reach a verdict. |
| • Judge Steven T. O’Neill asked the jurors to try to deliberate some more after hearing of the impasse. | • Judge Steven T. O’Neill asked the jurors to try to deliberate some more after hearing of the impasse. |
| • It’s unclear what is the central point of disagreement among the jurors. Andrea Constand, the woman who has accused Mr. Cosby of sexual assault, was composed and calm on the stand during her testimony last week, but the defense spent most of its time during cross-examination working to establish the inconsistencies and mistakes in her account. | |
| They had been deliberating for roughly two hours on Thursday — about 30 hours overall — when they reported they were deadlocked and could not reach a unanimous decision on any of the three counts that have been filed against Mr. Cosby. | They had been deliberating for roughly two hours on Thursday — about 30 hours overall — when they reported they were deadlocked and could not reach a unanimous decision on any of the three counts that have been filed against Mr. Cosby. |
| “We cannot reach unanimous consensus on any of the counts,” the note to Judge O’Neill said. | “We cannot reach unanimous consensus on any of the counts,” the note to Judge O’Neill said. |
| In court, the judge then read a new charge to the jury and told them to go back and continue their deliberations. | In court, the judge then read a new charge to the jury and told them to go back and continue their deliberations. |
| “Each of you has a duty to consult with one another and to deliberate with a view to reaching an agreement,” he said. | “Each of you has a duty to consult with one another and to deliberate with a view to reaching an agreement,” he said. |
| “While you should not hesitate to re-examine your own views and change your opinion if you are convinced that your opinion is erroneous, do not feel compelled to surrender your honest belief as to the weight or effect of the evidence solely because of the opinion of your fellow jurors, or for the mere purpose of returning a verdict,” Judge O’Neill said. | |
| Judge O’Neill’s action represented what is called under Pennsylvania law a “Spencer charge,” explaining what is acceptable in reaching consensus, and instructing them to keep trying, with open minds but without giving up firmly held convictions. | |
| He said the jurors should report back to him as soon as they reach consensus on any of the three charges, even if they are still deadlocked on others. | |
| Mr. Cosby is charged with three counts of aggravated indecent assault. The three counts are penetration without consent; penetration while unconscious; and penetration after administering an intoxicant without the subject’s knowledge. Each count carries a sentence of up to 10 years. | |
| The defense asked for a mistrial, but Judge O’Neill denied the request. | |
| They should not expect, he said, that all the witness testimony and evidence would be available to them again. | They should not expect, he said, that all the witness testimony and evidence would be available to them again. |
| But since beginning deliberations, the jurors have made six requests for clarifications or to hear testimony or evidence from the trial a second time. Judge O’Neill told the jurors Wednesday that because he had acceded to their first request to listen to a reading of testimony, he felt compelled to continue to let them review the rest, lest his denials wrongly suggest to them that some evidence was more crucial than others. | But since beginning deliberations, the jurors have made six requests for clarifications or to hear testimony or evidence from the trial a second time. Judge O’Neill told the jurors Wednesday that because he had acceded to their first request to listen to a reading of testimony, he felt compelled to continue to let them review the rest, lest his denials wrongly suggest to them that some evidence was more crucial than others. |
| Other judges would have told them to use their recollection, he said. “From now on when you ask for testimony, I am compelled to give it to you,” Judge O’Neill said. | Other judges would have told them to use their recollection, he said. “From now on when you ask for testimony, I am compelled to give it to you,” Judge O’Neill said. |
| Of course this has slowed the process toward a verdict, or at least it seems to have. There is little real sense in the courtroom of just what issues are occupying the jurors, who have been sequestered and are living in a hotel some 300 miles from their homes in Allegheny County. | Of course this has slowed the process toward a verdict, or at least it seems to have. There is little real sense in the courtroom of just what issues are occupying the jurors, who have been sequestered and are living in a hotel some 300 miles from their homes in Allegheny County. |
| Judge O’Neill warned them Wednesday about discussing the case with loved ones or digesting anything about the case they might encounter. “If you are watching television, you know you should turn away and stay away from any news sources,” he said. | |
| Mr. Cosby’s lawyer, Brian J. McMonagle, said Wednesday as the defense team left, “We’re all exhausted; we just want to go home and get some sleep” | Mr. Cosby’s lawyer, Brian J. McMonagle, said Wednesday as the defense team left, “We’re all exhausted; we just want to go home and get some sleep” |
| Judge O’Neill has spoken with concern about taking care of his jurors, especially as the days and nights of deliberation have dragged on. On Wednesday that concern was evident in the timing he set for dinner. The jury came in with a question, but answering the question might take some time, the judge forecast, and in that time, the dinners ordered for the jury, he worried, might get cold. | Judge O’Neill has spoken with concern about taking care of his jurors, especially as the days and nights of deliberation have dragged on. On Wednesday that concern was evident in the timing he set for dinner. The jury came in with a question, but answering the question might take some time, the judge forecast, and in that time, the dinners ordered for the jury, he worried, might get cold. |
| And that dinner was stromboli, a kind of wrap or turnover (go easy here, we are not the Food Channel) that is typically filled with all kinds of cheeses and meats. The judge said the jurors had ordered “hot strombolis” and that is how he thought they should be served, the stromboli being one of the foods in which the Philadelphia area takes a good measure of pride. | And that dinner was stromboli, a kind of wrap or turnover (go easy here, we are not the Food Channel) that is typically filled with all kinds of cheeses and meats. The judge said the jurors had ordered “hot strombolis” and that is how he thought they should be served, the stromboli being one of the foods in which the Philadelphia area takes a good measure of pride. |
| The judge said they would be back soon enough to delve further into the evidence. But, he comforted them, “It will be after you eat your hot strombolis.” | The judge said they would be back soon enough to delve further into the evidence. But, he comforted them, “It will be after you eat your hot strombolis.” |