Published: Tue, June 20, 2017
Culture&Arts | By Lena Vasquez

Cosby alternate juror 'probably' would have convicted

Cosby alternate juror 'probably' would have convicted

Oliver then wrapped up segment by saying, "But let's not talk about Cosby tonight. let's talk about another bad bill - the American Health Care Act". Before that, his comedy albums were listened to religiously, and I can still recite his "Noah's Ark" routine nearly verbatim.

Cosby had broken barriers as the first black actor to star in a network show, "I Spy", in the 1960s and, two decades later, created the top-ranked "Cosby Show". He has stood by his claim it was consensual sex. That testimony had been read to the jury earlier in the trial.

But while some believe this outcome to be a victory, others like Montgomery County District Attorney Kevin Steele and Cosby's primary accuser, Andrea Constand, know that this case is far from over. The judge said he would try to schedule a new trial within 120 days.

In a retrial, District Attorney Kevin Steele could ask the judge to allow testimony from more of Cosby's 60 accusers, or to disclose to jurors that Constand is gay.

The 79-year-old Cosby, who had pleaded not guilty to drugging and molesting the former director of operations for Temple University's women's basketball team Andrea Constand, in 2004, will be released on bail.

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Seven women are suing Cosby for defamation in separate lawsuits pending in MA, where Cosby has a home in Shelburne Falls.

Cosby's attorney Brian McMonagle immediately moved for a mistrial, which was granted by the judge. "Many of the civil cases will undoubtedly face issues regarding the statute of limitations, which are inevitably longer for criminal activity than for civil liability; but stipulations to stay often include an agreement to toll (a legal term for hitting the pause button) the statute of limitations for the duration of the stay".

At least 10 women have pending civil claims against Cosby in lawsuits filed in California and MA. Gloria Allred represents some of those women. Huth alleges that Cosby forced her to perform a sex act on her at the Playboy Mansion in 1974, when she was 15.

After the judge declared a mistrial, prosecutors announced they would retry the case. On that same note, the defense has seen Constand's testimony and can adjust its approach on cross-examination.

"Now they have a full record that their investigators can go out and use to obtain impeachment material", said Steven Fairlie, a criminal defence attorney in Philadelphia who has been tracking the case. "Then the defense attorneys can plan out a more effective cross-examination".

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NY defence lawyer Harvey Fishbein noted Cosby's lawyers had shown fewer of their cards, resting without calling any witnesses. A trial date may be set later this month for the sexual battery case.

What of Bill Cosby himself?

She once served on a jury where the foreperson was the lone holdout for an acquittal. The 2004 encounter at Cosby's suburban Philadelphia estate was the only one to result in criminal charges.

"My opinion continues to be that Ms. Constand was probably the victim of a sexual assault", said Castor, whom Constand is suing for defamation.

Constand, now 44, told jurors Cosby gave her pills that made her woozy and then penetrated her with his fingers as she lay paralyzed on a couch, unable to tell him to stop. However, she said it's a different story if additional women come forward with allegations against Cosby. He and Camille Cosby have been married for 53 years so he was revealing a very different side of his life to the world.

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McMonagle said Camille Cosby's words will not have any effect on the case if there is a retrial.

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