New York Daily News

Cos looks to get last laugh

DA loses element of surprise in retrial

- BY NANCY DILLON and REUVEN BLAU

ADVANTAGE Cosby.

The jury deadlock in Bill Cosby’s sexual assault case will likely give his legal defense an edge in an expected retrial, according to a legal expert.

“The prosecutio­n had to show all of its cards,” Wesley Oliver, criminal justice program director at Duquesne University Law School in Pittsburgh, told the Daily News.

Cosby, 79, the comedian once known as “America’s Dad,” didn’t testify during the trial in Norristown, Pa.

“If Cosby had testified, I would say that benefits the prosecutio­n, but there’s nothing there they can comb through,” Oliver said.

Cosby previously said under oath that he got several prescripti­ons for Quaaludes in the 1970s to give to women before having sex with them.

But he maintained he only gave accuser Andrea Constand three half-tablets of Benadryl to help her relax. Afterward, he says, the two had consensual sexual contact inside his home.

More than 50 other women have publicly accused the comedian of sexual assault.

The prosecutio­n wanted to call 13 of those accusers to prove a pattern that corroborat­ed Constand’s claims. But Montgomery County Judge Steven O’Neill only allowed one, Kelly Johnson.

“If the court does revisit that issue, that’s a whole new game,” said Oliver, who followed the case closely. “If you have more accusers, it’s a very different story.”

The deadlocked jury deliberate­d for 52 hours over six days before giving up.

District Attorney Kevin Steele said Friday he would push for a retrial as soon as possible, reassess the case and possibly make some “tweaks.”

Still, Cosby’s team believes the case is bunk, and retrying it would be unfair to the celebrity due to his failing health.

“It was difficult for me, and I have no idea how he managed to sit in a room and endure while strangers were deciding his destiny and his fate,” Cosby’s lawyer Brian McMonagle said.

 ??  ?? Any second trial of Bill Cosby for alleged sex assault of Andrea Constand (left) could give his defense an edge because it now knows what to expect.
Any second trial of Bill Cosby for alleged sex assault of Andrea Constand (left) could give his defense an edge because it now knows what to expect.

Newspapers in English

Newspapers from United States