Alternate Cosby juror ‘probably’ would’ve voted guilty
He says he felt ‘ridiculously sick’ at trial’s outcome
An alternate juror selected for Bill Cosby’s sexual assault trial said after Judge Steven O’Neill declared a mistrial Saturday that he “probably” would’ve voted guilty.
The deadlocked jury deliberated for 52 hours over five days and could not come to a unanimous verdict on any of three counts of aggravated indecent assault brought by accuser Andrea Constand.
Speaking Monday to Pittsburgh’s radio station WDVE, Mike McCloskey, 43, said he felt “ridiculously sick” after learning the jury couldn’t come to a consensus.
As an alternate juror, McCloskey was privy to the case’s testimony but was not present for deliberations.
District Attorney Kevin Steele said he intended to retry the case. He said at a news conference that Constand “deserves a verdict” on charges stemming from an encounter at Cosby’s suburban Philadelphia home in 2004. Cosby says it was consensual.
“Our plan is to move this case forward as soon as possible,” Steele said. “One of the challenges that we face in this type of case is the time period that has gone. But it doesn’t affect the evidence. And I hope, if you sat through the court proceedings, you saw how powerful that evidence is.”
While McCloskey opted to go public, the names of the jurors have not been divulged. The judge will hold a hearing Tuesday on that question.
The names remain private because of a protective order that is being challenged by news outlets. O’Neill told jurors at the end of the trial that they were not required to discuss the case.
O’Neill released Cosby on the same conditions of his $1 million bond posted in December 2015.
A mistrial, O’Neill said, isn’t a vindication for either party. He added that the jury’s work is “probably one of the more courageous acts, selfless acts that I’ve seen in the justice system,” and at least one juror fought back tears.
Though it was not immediately known what the vote was, it was clear the prosecution failed to prove its case beyond a reasonable doubt in the view of at least one juror.
In the courtroom, neither Cosby nor Constand showed much emotion. Afterward, Cosby’s spokesman, Andrew Wyatt, declared victory. “Mr. Cosby’s power is back,” Wyatt said. “It has been restored.”
Celebrities such as Lena Dunham shared their reaction to the mistrial on social media.
“Bill Cosby’s trial is about much more than Bill Cosby. When women see justice served, their own fear & trauma are eased,” the Girls creator tweeted. “Survivors of sexual assault have to watch every day as the legal system calls them liars and denies their truth. It is an unimaginable grind.”