Bill Cosby was frowning when he arrived at court on Thursday but he smiled when he heard the jury tell Judge Steven O’Neill that it was deadlocked.
The jurors in the Bill Cosby trial are in a deadlock after 31 hours of deliberation. Shortly before 11.30 Judge O’Neill read a statement from the jury, received by the court at 11.06 a.m.
It read: ‘We cannot come to a unanimous consensus on any of the counts.’
O’Neill has instructed the jury to return to their deliberations, reminding them: ‘Each of you has the duty to consult with each other to reach a conclusion if it can be reached without violence to your personal judgment’
He said: ‘While you should not hesitate to reexamine your views and change your opinions do not feel compelled to surrender your honest belief solely because of the views of your fellow jurors or for the purpose of returning a verdict.’
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Amid the hoopla in the courthouse, basketball coasch Constand shot some hoops in the hallway.
Speaking outside the court Cosby’s spokesman said: ‘this deadlock shows the Not Guilty that Mr Cosby has been saying the whole time.
‘We should not be here but we can’t control that and Mr Cosby is just happy to know that 12 of his peers understand that the facts of this case just don’t add up.’
The inability to reach a verdict came as the fourth day of jury deliberations began and it was clearly taking it’s toll on the disgraced comic.
Outside the courtroom on the steps of Montgomery Count Courthouse, some of the alleged victims argued with the handful of Cosby supporters who have shown up in greater numbers today.
Jewel Allison and Lili Bernard were among the women who were surrounded by media who pressed close straining to hear as tensions ran higher than any of the previous days.
On arrival Thursday morning, Cosby headed to a small conference room his team has taken over, calling it ‘his dressing room,’ according to The Washington Post.
The clandestine space has a bathroom and his aides carry in a large pillow so when the 79-year-old is tired he can put it on a table in the room and rest.
The jury broke for the night at 9pm after 12 hours of deliberation Wednesday.
Cosby left court looking glum after arriving at court in the morning giving the thumbs-up.
The day ended after the jury returned to Court A to hear the testimony of Cheltenham Police Department Detective Richard Schaffer, who interviewed Cosby on January 26 2005 along with two other officers from Montgomery County Police.
The jury had asked to hear the sections at 4.32pm and the court reporter, attorneys and judge had scrambled to prepare the relevant portion of testimony that had not yet been transcribed.
After approximately three-and-a-half hours of intense work, the answer was given and the jury once more heard Cosby’s account of his relationship with Constand as ‘romantic,’ his version of the night of the alleged incident, how he gave her Benadryl to help her relax and his own usage of the over-the-counter medication to help him sleep when on the road.
They heard how he called Constand’s mother when she learned of Constand’s allegations almost a year after the fact and of his false promise to write down what he had given her daughter and mail it to her.
They heard how he offered to pay for Constand’s ongoing education, how he felt ‘attacked’ and ‘startled’ by Mrs Constand’s tone and claimed to be afraid of the direction her questions were taking.
At times the court recorder struggled to read the lengthy testimony – taking slugs of soda in a bid to push on through fits of coughing.
Cosby nodded each time a ‘yes’ to questions was read as if approving, re-iterating the answer he gave back then – a sort of physical ‘I told you so.’ He listened in a more engaged fashion than he had ever displayed listening to Det Schaffer giving the original testimony.
He gave a discernible smile as questions regarding the alleged assault focused in on what he had done to Constand – how they ‘petted’ and how he enjoyed it, though he claimed to have never intended to have full intercourse with Constand, ‘as in naked bodies.’
Again he nodded as his answer to whether or not he had ever had sexual intercourse was read aloud ‘Never asleep or awake,’ a phrase that prosecutor Kevin Steele had told the jury they should find striking when he gave his closing on Monday afternoon.
The testimony included questions regarding the gifts he and Constand had exchanged – sweaters and perfume from him to her, incense, bath salts, Temple University T-shirts from her to him – and their interlude at Foxwoods Casino, Connecticut.
Cosby claimed that after dinner with the General Manager and him, Constand had come to his suite and he had ‘held her in his arms’ while they lay on the bed and talked for a couple of hours.
The portion also encompassed Cosby’s admission that the only time he had ever had an erection during the three romantic encounters he claimed to have enjoyed with her was on the second; when he attempted to kiss her breast and she rebuffed him – the only occasion on which she said ‘No.’
When asked about this during cross examination from Brian McMonagle who pointed out that Cosby backed off when as Constand said, ‘No,’ Det Schaffer acknowledged what he described as Cosby’s ‘version.’
His voice heavy with sarcasm Det Schaffer told McMonagle, ‘Yes he was a gentleman there, sir…a real gentleman.’
The court recorder finished reading at 8.37pm after nearly an hour of testimony.
Judge O’Neill dismissed the jury at 9pm with the advice not to speak break the oath they made when sequestered, ‘Only Good night, I love you or I’ll get back to you,’ to loved ones with whom they might talk.
Earlier in the day, the jury heard again all of Andrea Constand’s testimony about the night she alleges he drugged and sexually assaulted her.
It took more than an hour for attorneys to work through the 300 pages of Constand’s testimony and select the sections that were read out by the court reporter to a noticeably tired and unhappy looking jury.
Cosby, who has shown little by way of reaction to throughout the trial, fidgeted as he listened to his accuser’s words. As the jury once more heard her account of how he urged her to drink wine she did not want and how, after taking three pills, she had cottonmouth, her legs felt rubbery and she began to panic.
Once again he listened to her account of how he ‘grabbed’ her arm, guided her to the couch and how she came to with the sensation of his hand in her vagina, moving in and out and how he placed her hand on his penis.
She said that she just ‘wanted it to stop’ but was ‘frozen.’
And once again the court heard the Angela Agrusa’s lengthy cross examination in which she sought to highlight the inconsistencies between this and other versions she gave under oath to law.
As the jury filed out of the courtroom once more after the lengthy re-reading it was approaching 24 hours since deliberations began.
Well into the second full day of deliberations the scope of the question has been seen by some as suggestive that there may be some truth in a rumor circulating the corridors of Montgomery County Courthouse – that a majority verdict has been reached with one hold out juror.
Speaking outside Montgomery County Courthouse Cosby’s spokesman, Andrew Wyatt said that Cosby’s fate was ‘in God’s hands now’ and that all they could do was ‘fight and pray.’
Asked how the Cosby camp felt at the length of time the jury is taking to come to a verdict, and the numerous questions asked, he said: ‘Any time you can get people to take time and not rush to a decision that’s all we can ask for.
‘We have no control over their decision right now it’s in God’s hands. There’s nothing we can do about it but we are pleased that they’re asking questions and they’re asking the judge to read back the facts.’
Cosby was in a much better mood when he arrived at the courthouse looking chipper and confidant. He gave a ‘thumbs up’ to the crowd around the courthouse.
Meanwhile, his accusers including Victoria Valentino, Jewel Allison, Lili Bernard, Therese Serignese, Linda Kirkpatrick and Bill O’Reilly accuser Caroline Heldman showed up to support Andrea Constand.
On Tuesday, the jury broke at the end of the second day of their deliberations at 9.20pm.
Dismissing the jury O’Neill urged people not to read anything into the break in deliberations. He told the court: ‘The jury are exhausted. This only shows at this point that you are conscientiously engaging in the deliberation process. And it is an exhausting work and the day has to come to an end.
‘Read nothing into it.’
On Tuesday a woman claiming she was a friend of Andrea Constand at Temple University – who the defense was not permitted to call on the grounds that her testimony constituted hearsay – has issued a statement claiming that Constand shared with her an idea that she could report having been drugged and sexually assaulted by a high profile person in order to file a civil suit and make money.
Marguerite Jackson is employed by Temple University and has been for the past 30 years as a student advisor. In that capacity she claimed to have worked closely with Constand.
In the statement which Jackson sent to the Cosby team in November when she offered herself as a witness she wrote: ‘As a function of my position, I would travel with the team occasionally.
‘On each occasion Andrea and I would share a hotel room. Although I cannot recall the specific year, there was an occasion, I traveled with the team of Rhode Island.
‘During our stay Andrea and I shared a room, I recall the television was on. We were watching the news.
‘There was a story of a high profile individual who was accused of drugging women and sexually assaulting them.’
According to Jackson the story ‘peaked Andrea’s interest.’ ‘She told me that something similar had happened to her. I was shocked. I asked her if she had filed charges. She said she hadn’t.’
When questioned further Constand claimed that she had not pressed charges because the person who had drugged and sexually assaulted her was also high profile.’
But when pressed, Jackson stated, Constand backtracked and admitted to having made the story up.
‘Her response was that it had not happened but she could say it happened and file charges, filed a civil suit, get the money, go to school and open a business.’
Constand has publicly denied knowing Jackson and when the defense attempted to bring her into their cross examination the lawyer was told by Judge O’Neill to ‘move on’ as Constand repeatedly told her she did not know or recall who she was talking about.
Speaking outside Courtroom A, Andrew Wyatt, spokesman for Cosby described the decision to not allow Jackson to testify as ‘unfair.’
He said, ‘We want to let the public know, and let the world known that Andrea Constand was untruthful, and that she perjured herself on the stand.’
Wyatt explained that Jackson reached out to the Cosby camp while on a cruise ship last Nov., ‘talking to two comedians, and said she knew someone who was possibly setting up Bill Cosby.’
He said, ‘You’re talking about a fair and balanced trial here. It’s expected.’
Wyatt added that Cosby is ‘doing good, his spirits are up, and we believe this jury is highly intelligent.’
He said, ‘They’re seeing the bigger picture, and they understand this is somebody’s life on the line. Forget the celebrity part.’
Meanwhile, the sequestered jury deciding Bill Cosby’s fate broke at the end of the second day of their deliberations without reaching a verdict.
At 9.20pm Judge Steven O’Neill dismissed the jury for the day after a total of 16 hours of deliberation which began yesterday afternoon and will continue again in the morning.
At 3.45pm Tuesday, the jury asked for Detective Dave Mason of the Durham, Ontario Police Department’s testimony regarding Constand’s first account of the incident the night that she reported it on January 13, 2005.
It is a question read by many as indicating that the jury – who have already asked questions pertaining to the issue of consent – are wrestling with reconciling the inconsistencies in Constand’s various accounts as they hash out the key issue of her credibility.
In that account Constand claimed that she had been at a dinner with Cosby and other people in a local restaurant the night of the alleged assault. She said that she had returned to his home following the evening and that they were alone in the kitchen when he offered her pills to help her relax.
She said she asked if they were herbal and he told her yes and that almost immediately after ingesting them she felt dizzy and her legs felt like jelly.
In that first account she related losing consciousness and waking to feel ‘something foreign inside her.’ Sergeant Mason also asked Constand why she had waited until then to report the incident and she said that she felt embarrassed and was very aware of Cosby’s standing in the community.
Mason stated that Constand appeared nervous but not upset when he interviewed her and that she also said that her interest in a career in sports broadcasting played a part in her decision to keep the incident private until then.
This morning when jurors returned to the courtroom they listened for close to an hour as Judge O’Neill read the lengthy portion that essentially covered every aspect of Cosby’s relationship with Constand, the night of the alleged incident and his own habit of taking Benadryl to help him sleep.
They heard once more Cosby’s admission to having a ‘romantic interest’ in Constand from first meeting her through the account of the night of the alleged incident and how and why he gave Constand the pills that he told her were ‘three friends.’
They heard Cosby telling lawyers that the night was ‘romantic’ and claiming to have brought Constand to orgasm before urging her to ‘take a nap’ as she had complained of her inability to sleep and relax.
The sections also included Cosby’s explanations of the pills he had given unsolicited to investigating officers – a green blood pressure pill, a white homeopathic pill and a pink Benadryl – as well as his own habit of taking Benadryl to help him sleep.
Constand sat in court listening once more to Cosby’s words being read. Earlier she had embraced prosecutor Kristin Fedin and appeared in a relaxed and upbeat mood as she sat alongside Detective Richard Schaffer who has been in court throughout
At 11.20am the jury asked a second question asking the judge to define what ‘without her knowledge’ means in the context of the count 3 in aggravated sexual assault charge: Lack of Consent.
Judge O’Neill called the jury back in to tell them that he was not permitted to ‘define any further terms’ and that it is up to the jury what that means.
The issue is a crucial one as Constand and Cosby’s accounts corroborate each other to the extent that both state that Cosby gave her three blue pills, to help her relax. And that she took them there and then.
Constand claimed that she asked Cosby ‘Are they herbal?’ and that he nodded yes. But in Cosby’s account he said that she ‘inspected’ the pills before taking them but did not ask what they were.
The question that the jury appears to be deliberating is whether or not Cosby’s account would still constitute ‘lack of knowledge,’ given that Constand did not know what they were albeit because – in his version – she did not ask.
At 7:35 on Monday evening the jury were back in Courtroom A having returned with a question given to the judge at 7.13 p.m.
Judge O’Neill read: ‘Can we see from Mr C’s testimony the part where he called the pills his friends we need to see the whole context?’
By way of answer the judge read the relevant section of Cosby’s deposition and the preceding and following paragraphs when he spoke about the night of the alleged incident and giving Andrea the pills.
He said: ‘She sat with her back to the kitchen well which is the door the door wall…our conversation at that time was about concentration was about I don’t remember that clearly what it was fully about.
But we talked and there was talk of tension yes about relaxation and Andrea trying to learn to relax the shoulders the head etc.
And I went upstairs and went into my pack and broke one in half and took another half and brought them down and said to her ‘Your friends. I have three friends for you to make you relax.’
‘So you brought two and a half pills?’ he was asked.
Cosby answered, ‘Broke one in half and another half which would be one and a half.’
When asked why he would break the pills he said ‘because they were long.’
At 9.30 p.m. the jury was dismissed after spending 13 hours in the courtroom in a day that saw the brief defense, closing statements, instruction and the reading of charges before they began deliberations.
Their final act was to ask another question which Judge O’Neill was ‘an easy one’ that he would answer in the morning.
They asked to review evidence relating to the bag of pills that Cosby brought, unsolicited, to an interview with 3 detectives and which he attended flanked by his three lawyers in 2005.
The bag contained one pink, one green and one white pill. The pink one was Benadryl – a fact that Detective James Reape had told jurors he found ‘odd’ as it was just 10 days after Cosby told police that he still had the same packet of the medication as the one from which he had taken the pills he gave Constand. Yet the pills he gave her were blue.
The jury has retired to consider their verdict after a day of breathtaking pace in Montgomery County Courthouse in which closing statements given and the jury instructed after the defense mounted a case that lasted just six minutes.
Judge O’Neill read his instructions advising the jurors that their task was ‘one of considerable importance.’
He told them to apply ‘the law as I’ve given you [it] and the facts as you find them.’ Emotion, he reminded them had no place in their deliberations, which must be impartial without sympathy, bias or concern of penalty should the verdict, be guilty.
Cosby sat in solemn contemplation as O’Neill spoke. With all the show – all the argument, evidence and activity of the trial – now over all that is left between him and a verdict is time.
He stroked his chin, placed his hand partially across his face and then he simply listened as Judge O’Neill read.
He reminded them that they had to judge the credibility of witnesses and they should call upon their common sense as men and women of the world.
The burden was on the Commonwealth to prove the case beyond ‘reasonable doubt’ he said – not beyond all doubt. They did not have to prove it as a mathematical certainty. And whatever the jury decide their verdict must be unanimous.
By LAURA COLLINS IN NORRISTOWN, PENNSYLVANIA FOR DAILYMAIL.COM