Judge orders deadlocked Cosby jury to keep deliberating

Posted June 20, 2017

"We can not come to a unanimous consensus on any of the counts", the note said - as Cosby smirked in the courtroom.

The jurors in Bill Cosby's sexual assault trial are still to reach an unanimous verdict after 40 hours of deliberations across four days.

"We can not come to a unanimous consensus on any of the charges", the note read.

"Each of you has a duty to consult with one another and to deliberate with a view to reaching an agreement if it can be done without violence to your individual judgment", O'Neill told the jury.

O'Neill called the jury into the courtroom just before 11:30 a.m. Thursday and instructed the panel to work toward a decision, telling the group it may come back with a verdict on some counts while remaining deadlocked on others.

Judge O'Neill sent the jurors back to continue deliberating.

After 9 p.m. on Thursday, the judge said 12 hours of deliberations was long enough and the jurors were later sent home.

"The judge has announced that the jury is deadlocked". It ended with a phrase scrolling down the screen reading: "ALWAYS FOLLOW THROUGH".

Outside the courthouse, where relative calm had reigned for more than a week, emotions finally spilled over.

- Cosby's description of what he says was a romantic encounter with Constand before the night of the alleged assault.

Minutes later, the sound of drumming filled the air as a woman carrying a sign reading "Perseverance To All Survivors" pranced down the sidewalk firing a bubble machine.

The trial comes after repeated efforts by Cosby's lawyers to have the charges thrown out.

Constand accused the comedian of drugging her with three blue pills before proceeding to fondle her breasts, put his hands into her trousers, and place her hand onto his erect penis during a 2004 encounter, according to an affidavit. He says their sexual encounter was consensual. It's the only criminal case stemming from dozens of accusations of sexual misconduct spanning decades, all of which he denies.

The trial started on June 5. "If she insists, that could hold some weight", he said.

Following the announcement, a spokesperson for Cosby said he is 'happy'.

However, it's not known how the jury is split: whether more people are in favor of conviction or acquittal and how many are on each side.

Jurors can also return a partial verdict, in which they come to a unanimous verdict on some counts yet deadlock on other counts. "You could have a conscientious jury that is taking their civic responsibility very seriously...wanting to do a diligent job of going through the evidence and making sure they understand it correctly", said Bressler, who is co-counsel in the forthcoming sexual assault civil case, Green v. Cosby.

"But it's not impossible". Constand said on the witness stand she did not know Jackson. "As Yogi Berra said, 'It's not over 'til it's over'".

Art Patterson, a veteran jury consultant and social psychologist with the New York-based trial consulting firm DecisionQuest, told Fox29 that, "it's rare that juries go for more than a couple days". "We definitely want this to end".

Several of the women, who have been awaiting a verdict all week, got into arguments with a number of Cosby supporters who appeared at the trial for the first time on Thursday.

She woke up on the couch early in the morning with her clothes disheveled, she said.

On Wednesday afternoon, the jury requested to hear extended excerpts of Constand's testimony about the night when she says Cosby drugged and molested her.