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Bill Cosby Trial Jurors Ask Judge to Define ‘Reasonable Doubt’ Bill Cosby Trial Jurors Ask Judge to Define ‘Reasonable Doubt’
(about 1 hour later)
• The jurors started their fifth day of deliberations on Friday, still at an impasse, but are being pushed by the judge, Steven T. O’Neill, to see whether they can come to some consensus as to whether Bill Cosby drugged and sexually assaulted Andrea Constand. • The jurors started their fifth day of deliberations on Friday, still at an impasse, but are being pushed by Judge Steven T. O’Neill to see whether they can come to some consensus as to whether Bill Cosby drugged and sexually assaulted Andrea Constand.
• It’s unclear what the deadlock is about, but the jury asked the judge Friday morning to explain the standard of proof in a criminal trial: What does proving something “beyond a reasonable doubt” mean? • It’s unclear what the deadlock is about, but the jury asked the judge Friday morning to explain the standard of proof in a criminal trial. What does proving something “beyond a reasonable doubt” mean?
• The jurors will also be read sections of Mr. Cosby’s deposition from a 2005 lawsuit filed by Ms. Constand in which he discussed what happened on the night in question. • The jurors also asked to be read sections of Mr. Cosby’s deposition from a 2005 lawsuit filed by Ms. Constand in which he discussed how he had obtained quaaludes in an effort to have sex with women.
• Judge O’Neill has not given a sense of how long he is prepared to wait. The jurors have already deliberated 40 hours. • Judge O’Neill said he would let the jury deliberate as long as they wanted to.
He said the prosecution does not have to prove its case beyond all doubt to a point of absolute certainty.
A reasonable doubt, he said, is one that causes a juror to hesitate, but it must be real.
The standard jury instructions used by the Pennsylvania courts say, “To find the defendant guilty beyond a reasonable doubt, you must be convinced of his guilt to the same degree you would be convinced about a matter of importance in your own life in which you would act with confidence and without restraint or hesitation.” The model jury instructions adopted by the federal Court of Appeals for the Third Circuit, which includes Pennsylvania, offers a lengthy definition that says, in part: “Proof beyond a reasonable doubt does not mean proof beyond all possible doubt or to a mathematical certainty. Possible doubts or doubts based on conjecture or speculation are not reasonable doubts.”
The judge then reread Mr. Cosby’s own words from previous deposition testimony in which he discussing obtaining several prescriptions for quaaludes, ostensibly for his back but he used them instead as a party drug with women in order to have sex.
The jury had previously asked for other parts of the deposition testimony to be read, but this was the first time they had asked for his words about quaaludes. As the judge read the testimony, jury members paid close attention, looking at the screen where the words were projected.
Mr. Cosby sat in his chair at the front of the court, twisting his cane in his hands. Ms. Constand, her mother and her sister were also in court.
Judge O’Neill rejected another defense motion for a mistrial and punctured any notion that he was in any kind of rush.
“As long as the jury wants to deliberate,” he said, “I will let them.”
People in the courtroom are scrutinizing each juror closely for any sign of which way he or she might be leaning.People in the courtroom are scrutinizing each juror closely for any sign of which way he or she might be leaning.
Some of the jurors look tired, and less than happy to still be in the Montgomery County Courthouse. They lie back in their chairs, and when they do, the guessing starts. “They must be for conviction.” Or not. Not everyone in the gallery can see all the jurors because of a large projector screen placed in front of them. Others get a cricked neck trying.
Not everyone in the gallery can see all of the jurors because of a large projector screen placed in front of them. Others get a cricked neck trying. An exchange of glances between jurors can be interpreted many ways by those in the courtroom looking for any hint of how the panel is leaning. There seemed to be a few knowing nods among jurors when testimony about the nature of the pills Ms. Constand took was reread. “That must mean it’s the issue that’s dividing them.” Or maybe not.
Some jurors pay close attention while another juror might stare at the portraits on the wall or up at a chandelier, anywhere but at the court reporter rereading evidence. An exchange of glances between jurors can be interpreted many ways by those in the courtroom looking for any hint of how the panel is leaning. There seemed to be a few knowing nods among jurors when testimony about the nature of the pills Ms. Constand took was reread. “That must mean it’s the issue that’s dividing them.” Or maybe not. Was their race an issue? Maybe their age? Would an older woman be less sympathetic to the younger Ms. Constand, or more? The scowl of another woman juror suggested she had to be a holdout, surely. But it’s a guessing game, no one really knows.
Was their race an issue? Maybe their age? Would an older woman be less sympathetic to the younger Ms. Constand, or more? The scowl of another woman juror suggested she had to be a holdout, surely. But no one really knows. The jurors are anonymous. They haven’t spoken out, and the questions they have asked the judge do not do much to suggest which way they are heading. The jury that acquitted the actor Robert Blake of murdering his wife deliberated for nine days in 2005. But the Cosby jury is now entering territory in which the deliberations can certainly be considered unusually lengthy.
The jury that acquitted the actor Robert Blake of murdering his wife deliberated for nine days in 2005. But the Cosby jury is now entering the territory in which the deliberations can certainly be considered unusually lengthy. Some pressure to conclude the trial is created by the fact that the jury is sequestered and far from home. All the jurors are from Allegheny County, some 300 miles from Norristown, and living in a hotel, away from work, from loved ones. Sunday is Father’s Day. But a lot of work has been put into the trial by both sides. A lot is riding on the verdict. The defendant is 79. Ms. Constand is seeking to close a chapter in her life that opened 13 years ago. Memories seldom benefit from the passage of time.
Still undecided is how long Judge O’Neill will ask the jurors to try. All the jurors are from Allegheny County, some 300 miles from Norristown, and living in a hotel, away from work and from loved ones. Sunday is Father’s Day. But a lot of work has been put into the trial by both sides. A lot is riding on the verdict. The defendant is 79. Ms. Constand is seeking to close a chapter in her life that opened 13 years ago. Memories seldom benefit from the passage of time.