It is also unknown how close the jury may have come to reaching a unanimous decision in the Bill Cosby case.
A judge will hear arguments on whether the names of the jurors at Bill Cosby’s sexual assault trial should be made public.
Whatever comes next, and the prosecutor has vowed to retry the case, the most important question the trial leaves unanswered is this: When are we going to update our antiquated statutes of limitations – the legal limits that a modern understanding of sexual assault should have forced us to rethink decades ago?
The judge did, however, allow jurors to watch the Stanley Cup Final games last week, as the Pittsburgh Penguins beat the Nashville Predators, 4-2 – even though McCloskey, a huge Penguins fan, wound up missing the team’s Cup victory parade. It’s unclear how many jurors voted for conviction and how many wanted an acquittal.
What remains to be calculated is the cost to select a jury from Allegheny County because of concerns about pretrial publicity, the transportation of the 12 jurors and six alternates to Montgomery County, their lodging at a nearby hotel for two weeks and their meals. While Pennsylvania law allows for the identities of jurors to be made public, that hasn’t yet happened in this case. “Bill Cosby’s rape case”, said Armour, who teaches at the University of South California.
Cosby’s camp has said he turned down a plea deal that would have spared him jail time, but District Attorney Kevin Steele’s spokeswoman, Kate Delano, said Monday: “We never offered him a plea deal. The retrial happens next, and the prosecution may try to call other accusers”. Before releasing the jurors Saturday, he cautioned them not to discuss their jury-room debate with reporters.
“Too often these types of crimes, sexual assaults, do not get reported, especially cases where a drug has been used in a drug-facilitated sexual assault”, Steele said. As Fox News reports, jury alternate Mike McCloskey told the local media that he felt “ridiculously sick” about the lack of verdict in the case. Once the court declared the mistrial, O’Neill told the jurors, “Do not in any way feel you have let the justice system down”, even as the term “mistrial“, itself, suggests a process that suffered some critical malfunction. The prosecution began with the 79-year-old entertainer’s arrest on December 30, 2015.
During their deliberations, the jury asked to review the testimony of alleged victim Andrea Constand, particularly her testimony about the 2004 night the alleged assault took place, which produced over 300 pages of transcripts.
“I thought there would be a lot of chatter on the bus ride home“, said McCloskey.
As an alternate, he heard all the testimony but didn’t participate in deliberations.
The Montgomery County District attorney is urging a judge to keep secret the names of jurors in the Bill Cosby trial, saying that making the names public may make it more hard to find an impartial jury for Cosby’s retrial.
The names remain shielded under a protective order that several news outlets have challenged.
Cosby has continued, through his representatives, to deny that he committed any sexual assaults – admitting to infidelity but maintaining that all the sexual contact was consensual.