The Herald on Sunday

Prosecutor­s vow to retry Cosby on sex charges following mistrial

- BY PETER SWINDON

AMERICAN entertaine­r Bill Cosby will face a retrial on sexual assault charges after his first trial ended in a hung jury yesterday. Jurors deliberate­d for more than 52 hours over six days before telling a judge they could not reach a unanimous decision on whether the Cosby Show star drugged and molested Temple University employee Andrea Constand at his suburban Philadelph­ia home in 2004.

The judge at Montgomery County Courthouse in Norristown, Pennsylvan­ia, then declared a mistrial.

Cosby, 79, remained stoic, while Constand embraced the person standing next to her.

The veteran comedian is not considered to be guilty or not guilty at this stage and he will remain free on one million dollar (£782,000) bail.

At a news conference yesterday, Montgomery County District Attorney Kevin Steele said prosecutor­s will “evaluate and review our case” and retry Cosby. “Our plan is to move this case forward as soon as possible,” he said.

He expressed disappoint­ment over the mistrial, praised the “extraordin­ary sacrifices” of the jury and said a “good outcome” of the trial was that two Cosby accusers “got to face the defendant in court”.

Cosby’s lawyer had said the entertaine­r and Constand were lovers sharing a consensual sexual encounter.

Prosecutor­s say Cosby drugged and sexually assaulted Andrea Constand, the former director of operations for Temple University’s women’s basketball team, at his home near Philadelph­ia in January 2004. Cosby pleaded not guilty.

On Thursday, jurors told the court they could not come to a unanimous decision beyond a reasonable doubt, which is required in criminal cases.

O’Neill asked the jury to go back into deliberati­ons for another attempt to reach a verdict, an instructio­n known in Pennsylvan­ia as the Spencer Charge. It’s a set of instructio­ns that asks jurors to re-examine their own views and opinions, and there is no limit to how many times a judge can issue it. If, after

I want to thank the supporters who’ve been here and please stay calm, do not argue with people, just keep up the support

further deliberati­ons, jurors still cannot reach consensus, the judge can choose to declare a mistrial.

Dozens of women have come forward to say Cosby had drugged and assaulted them.

Constand’s was the only case to result in criminal charges against the star. Attorney Gloria Allred, who represents many of Cosby’s accusers, said she hopes the court will allow other “prior bad act witnesses” to testify at the next trial.

She said: “If the court allows more accusers to testify ... it might make a difference. In other words, it’s too early to celebrate, Mr Cosby.”

When Cosby left the court on Friday, a day before the mistrial was announced, he said. “I just want to wish all of the fathers a Happy Father’s Day and I want to thank all of the jury for their long days, their honest work individual­ly.”

He added: “I also want to thank the supporters who’ve been here and please to the supporters, stay calm, do not argue with people, just keep up the great support. Thank you, all. Thank you.”

 ??  ?? Jurors took six days to conclude they could not reach a unanimous decision on sex charges facing Bill Cosby
Jurors took six days to conclude they could not reach a unanimous decision on sex charges facing Bill Cosby

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