Jury in Bill Cosby sex assault case adjourns without verdict

- Jurors in the Bill Cosby sexual assault case, weighing charges that could send him to prison for the rest of his life, drilled down Tuesday on what the TV star said happened inside his suburban Philadelphia home and how he characterized his relationship with the accuser.

But they didn't come up with a verdict, leaving them tired and spent after a long day in the jury room.

The jury ended a second day of deliberations without reaching a decision on whether Cosby drugged and molested a woman at his suburban Philadelphia home in 2004, quitting for the night around 9 p.m. Jurors have spent a total of about 16 hours over two days discussing the case and going over evidence with the judge.

"You've sent word: You're exhausted," said Judge Steven O'Neill, dismissing the panel until Wednesday morning.

On Tuesday, the jury reviewed more than a dozen passages from a deposition Cosby gave last decade, listening to excerpts on a wide range of topics, from Cosby's first meeting with Andrea Constand to the night in 2004 she says he drugged and violated her.

As he described reaching into Constand's pants, Cosby testified, "I go into the area that is somewhere between permission and rejection. I am not stopped."

Cosby is charged sexually assaulting Constand, 44. His lawyer has said they were lovers sharing a consensual sexual encounter.

The 79-year-old entertainer did not take the stand at his trial, but prosecutors used his deposition testimony -- given in 2005 and 2006 as part of Constand's civil suit against him -- as evidence.

As they pored over Cosby's words, the jurors appeared to struggle with some language in one of the charges against him: "without her knowledge." The jury asked about the phrasing Tuesday morning, but Judge Steven O'Neill said he could not define it for them.

The jury is considering three counts of felony aggravated indecent assault. The third count covers Cosby's alleged use of pills to impair Constand before groping her breast and genitals.

Outside the courthouse, Constand's lawyers blasted the Cosby team Tuesday for releasing a statement from a woman who had been blocked from testifying at the trial.

Cosby's spokesman, Andrew Wyatt, read the statement from longtime Temple University official Marguerite Jackson, who said Constand told her of a plan to falsely accuse a "high-profile person" of sexual assault so she could sue and get money.

A judge blocked Jackson from taking the stand, ruling it would be hearsay. Constand said on the witness stand she did not know Jackson.

Constand's lawyer, Dolores Troiani, told reporters that Jackson is "not telling the truth" and faulted Wyatt for circulating Jackson's statement while jurors were deliberating.

Jackson stood by her account, telling The Associated Press in a phone interview that Cosby's lawyers are "going to say whatever they need to say."

The jury, sequestered for the duration of the trial and unaware of the back-and-forth outside, reviewed the testimony of the police officer who took Constand's initial report.

Jurors were also keenly focused on what Cosby said about the pills he gave to Constand before their encounter, asking for the second time in deliberations to revisit a portion of the deposition in which the comedian talked about giving Constand "three friends for you to make you relax."

Cosby later told police the pills were Benadryl, an over-the-counter cold and allergy medicine. Constand -- an athletic, 6-foot-tall college basketball staffer -- said they made her dazed and groggy, and unable to say no or fight back when Cosby went inside her pants.

The defense insisted Constand was a willing partner and said she hid the fact that the two had had a romantic relationship when she went to police a year after the alleged assault. Testifying for more than seven hours last week, Constand denied there was any romance between them and told jurors she had rebuffed his advances before the assault.

Authorities declined to charge Cosby when she first came forward in 2005, but a new district attorney reopened the case in 2015 after Cosby's deposition was unsealed at the request of The Associated Press.

Cosby faces up to 10 years in prison on each of the three counts, but they could be merged for sentencing purposes.

After the jury adjourned Tuesday night, he left the courthouse on his spokesman's arm, waving and giving a thumbs-up to well-wishers as he got in his SUV. He didn't comment to reporters.

The AP does not typically identify people who say they are victims of sexual assault unless they grant permission, which Constand has done.
 

WHAT IS COSBY ACCUSED OF?

He is accused of drugging and sexually violating a woman at his suburban Philadelphia home in 2004. Andrea Constand says Cosby gave her pills that made her paralyzed and unable to fight him off as he groped her breast and genitals. His lawyers said they were in a romantic relationship and what happened was consensual. The Associated Press does not typically identify people who say they are victims of sexual assault unless they grant permission, which Constand has done.

WHAT IS HE CHARGED WITH?

Three counts of felony aggravated indecent assault, each covering a different aspect of the alleged crime.

Count 1 alleges that Cosby didn't have consent when he penetrated Constand's genitals with his fingers.

Count 2 alleges she was unconscious or semi-conscious at the time and could not give consent.

Count 3 alleges all this happened after he gave her an intoxicant that substantially impaired her and stopped her from resisting.

HOW MUCH TIME COULD HE FACE?

Each of the three counts carries a standard sentence range of 5 to 10 years in prison, but that doesn't mean Cosby could be facing up to 30 years.

Legal experts say the sentence for each count should run concurrently under Pennsylvania law since they all cover the same incident and conduct.

That means a conviction would put Cosby in prison at least until he is 84 years old, based on state sentencing guidelines.

WHAT'S THE WORST CASE SCENARIO FOR COSBY?

Pennsylvania law allows sentencing judges to consider uncharged conduct. In Cosby's case, that means the more than 60 other women who have accused him of assaults dating to the 1960s.

Duquesne University law professor Wes Oliver says those allegations could compel Judge Steven O'Neill to sentence Cosby closer to the 10-year maximum.

WOULD HE HAVE TO REGISTER AS A SEX OFFENDER?

Yes. If he is convicted, prosecutors say, Cosby would also have to register as a sex offender and face an assessment to determine if he is a sexually violent predator.

WOULD COSBY BE HAULED OFF IN HANDCUFFS RIGHT AWAY?

If convicted, Cosby could remain free until sentencing unless O'Neill revokes his $1 million bail.

Philadelphia defense lawyer Alan Tauber says that's less likely in Cosby's case because his fame makes him an unlikely flight risk.

 

 

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