A mistrial has been declared on Bill Cosby’s rape case of Andrea Constand. Two days before the mistrial was declared, the Jury told Judge Steve T. O’Neill that they were deadlocked, but they were asked to continue trying to make a decision. After 52 hours of deliberation, jurors told the court that they were “hopelessly deadlocked” and a mistrial was declared.
Two aspects of this case caused the jury to declare a mistrial. One being that the case is a he-said-she-said situation, and the other being that there are inconsistencies in Constand’s testimony. Due to these aspects, there was far too much reasonable doubt to find Cosby innocent or guilty. Although the case is not turning out as grand as the OJ Simpson trial, it is still a very high-profile case.
The 79-year-old Cosby has been saved from a decade behind bars by the deadlocked jury. He is free with a $1 million bail. Unfortunately for Cosby, the Montgomery County District Attorney’s office stated that they will try Cosby again in a different case with a whole new jury. The D.A. has 4 months to decide what they would like to charge Cosby with this time.
How this case became so difficult for the jury to find a unanimous decision is best described by statements made by the defense and prosecution. The prosecution stated that, “This is a very straightforward case. If you have sexual relations with someone when they’re out, when they’re asleep, when they’re unconscious, that’s a crime.” On the other hand, Angela Agrusa, one of Cosby’s legal team members, stated that “Juries are stuck when a prosecutor seeks to put someone in prison for things that are simply not presented in the courtroom. The jury stuck to what they were asked to do and that is to review the evidence before them and there simply wasn’t enough.”
If Cosby would’ve been found innocent, he could avoid being charged again. However, because it was a mistrial, he can legally be retried. Although D.A. Kevin Steele said he would seek a retrial, he can still withdraw the charges for good. As the saying goes, it’s not what you know, it’s what you can prove in court.