Benedict Morelli, a prominent trial attorney who represented Tracy Morgan in the case against Wal-Mart, told Business Insider that the fact that the jurors asked the judge to clarify the concept of reasonable doubt means that it’s likely one or two jurors are holding out against finding Cosby guilty rather than the other way around.
In a previously sealed deposition from the 2005 case, America’s once favorite dad said that he was romantically interested in Constand from the first time he saw her, though he didn’t tell her that.
Mr Cosby’s lawyer said he and Ms Constand were lovers sharing a consensual moment of intimacy. Its latest request for a mistrial was Friday night. One juror seemed to fall asleep several times Wednesday afternoon and evening as a court reporter spent more than an hour rereading transcribed testimony.
Jurors asked earlier in the week for clarity around the language of count three, which pertains to whether Cosby administered “drugs, intoxicants or other means for the goal of preventing resistance” without Constand’s knowledge.
The panel outside Philadelphia has deliberated more than 45 hours without reaching a verdict on charges that Cosby drugged and molested a woman in 2004.
“I hope you are well-rested”, he told jurors Friday.
O’Neill told the defence that until the jury says it is still deadlocked, there was little he could do but provide them with any evidence they request.
The jury of seven men and five women have deliberated for almost 40 hours since getting the case Monday.
Constand was the prosecution’s key witness, telling jurors that Cosby gave her three unidentified pills before taking advantage when she was disoriented to sexually assault her.
Count 1 alleges that Cosby didn’t have consent when he penetrated Constand’s genitals with his fingers.
More than a dozen excerpts from Cosby’s deposition, including the “friends” comment and his acknowledgment that he’d gone “somewhere between permission and rejection” during a previous encounter with Constand. Andrea Constand says Cosby gave her pills that made her paralyzed and unable to fight him off as he groped her breast and genitals.
Bill Cosby shakes hands with his lawyer Brian McMonagle as they leave the Montgomery County Courthouse during Cosby’s sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa.
Judge O’Neill has indicated he’ll let the members of the jury deliberate as long as they need to in order to reach a verdict.
After a lunch break, jurors are expected to rehear testimony from accuser Andrea Constand and her mother about phone calls with Cosby.
Cosby’s intention was “to get to spend time with her, to get to know her, to have relations with her”, the documents state.
Since deliberations began on Monday, the jury has reviewed enormous chunks of testimony, prompting McMonagle to complain that it was essentially watching a replay of the trial.
The 79-year-old Cosby is charged with three felony counts of aggravated indecent assault.
In the civil deposition, Cosby admitted that he had previously obtained prescriptions for Quaaludes, a powerful sedative, with the intention of giving the drugs to women with whom he wanted to have sex.
Cosby testified in a 2006 deposition that he got seven prescriptions for the powerful sedative in the 1970s for the goal of giving them to women before sex.