Here's what happens when a jury is deadlocked - KXLH.com | Helena, Montana
- Author: Marlene Weaver Jun 27, 2017,
Jun 27, 2017, 0:37
"We can not reach unanimous consensus on any of the counts", the note to O'Neill said.
The comedian's attorney made a motion for a mistrial but Montgomery County Judge Steven O'Neill denied it. The judge has ordered jurors to return to deliberations and try - again - to reach a decision.
The woman at the center of the Bill Cosby sexual assault trial that has a jury deadlocked tweeted a video from the courthouse suggesting she feels pretty confident.
"I'm feeling so frustrated".
"This is an incredible jury that has just acted with incredible dignity and fidelity, . and I don't have any higher praise", Judge Stephen O'Neill told the panel before they broke for the night.
The judge also appeared angered by what he called a public misperception that there was a time limit on deliberations, which he suggested was fueled by statements from Cosby's spokesman, Andrew Wyatt, on Thursday night urging O'Neill to end the trial.
They were then finally escorted back to their hotel, where they have been sequestered since the trial began on June 5.
In his decade-old depositions, Cosby said he gave Constand Benadryl - a common allergy drug whose side effects can include drowsiness. They have been deliberating for almost 40 hours since Monday.
He added: "While you should not hesitate to re-examine your views and change your opinions do not feel compelled to surrender your honest belief exclusively because of the views of your fellow jurors or for the objective of returning a verdict".
Constand testified she was paralyzed by the pills and unable to fight Cosby off. Jurors also asked the court to define the phrase "without her knowledge" in one of the charges and asked to rehear testimony from the Cheltenham police detective who interviewed Cosby. Following the declaration of a mistrial, prosecutors may choose to retry the case with a different set of jurors, or they may cut their losses. If they still can not reach consensus, a hung jury will cause the Judge to declare a mistrial.
Trial attorney Priya Sopori, partner at Greenberg Glusker in Los Angeles and a former federal prosecutor, said that without forensic evidence to consider, the jury is likely "asking themselves questions about what it means to consent to sexual activity". "The prosecution had a strong case, but the defense was able to show a lot of inconsistencies".
If convicted Cosby faces a maximum penalty of 10 years in jail and a $25,000 fine on each charge.
She became incapacitated and felt "frozen" and told him so, Constand testified. "If you've reached a unanimous decision on some of the charges, please report that back to me".
"He is not Cliff Huxtable", she said.