Cosby Tweets Thanks, Defense Demands Mistrial Over Impasse
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NORRISTOWN, Pa. (CBSMiami/AP) — During Day 5 of deliberations in Bill Cosby's sexual assault trial, the comedian thanked his fans and supporters through Twitter - shortly after the jury asked to review his testimony about giving drugs to women he wanted to have sex with.
A day after telling the judge they were deadlocked, the jury in the Bill Cosby sexual assault trial is back at the courthouse in Norristown for day five of deliberations.
It was the first Twitter message from Cosby in more than a week and came as jurors spent a fifth day in talks, trying to break an impasse that has raised the possibility his trial will end without a verdict. The defense said the jury had struggled with the charges long enough, twice asking for a mistrial Friday.
Cosby lawyer Brian McMonagle objected in court to the panel's repeated requests to review testimony, saying it suggested some jurors were trying to coerce other jurors in an attempt to bring an end to the deadlock.
"They were here!" said McMonagle, exasperated.
Judge Steven O'Neill said he saw no evidence of coercion or trouble in the deliberating room after the jurors reported their impasse on Thursday and he instructed them to keep trying for a verdict.
"There's a misperception that there's a time limit," the judge said, adding he'd let the jurors work as long as they wanted.
On Friday, the panel listened again to what Cosby had to say about his use of quaaludes, a now-banned party drug.
Cosby testified in a 2006 deposition that he got seven prescriptions for the powerful sedative in the 1970s for the purpose of giving them to women before sex.
The testimony is relevant because Cosby is charged with drugging and molesting Andrea Constand, a former Temple University employee, at his suburban Philadelphia home in 2004.
Cosby, 79, has said he gave Benadryl to Constand, 44, before a consensual sexual encounter. Prosecutors have suggested he might have given her quaaludes.
Cosby, who gave the deposition as part of Constand's lawsuit against him, said in 2006 he never took quaaludes himself, preferring to keep them on hand for social situations.
"When you got the quaaludes, was it in your mind that you were going to use these quaaludes for young women that you wanted to have sex with?" Cosby was asked.
"Yes," he answered.
But he said he no longer had the sedative — a highly popular party drug in the 1970s that was banned in the U.S. in 1982 — when he met Constand in 2002 at Temple University.
Cosby's lawyer said he and Constand were lovers sharing a consensual moment of intimacy.
The jurors went back to the deliberating room after having the quaaludes testimony read back to them and listening again to the definition of reasonable doubt, the threshold that prosecutors must cross to win a conviction. After a lunch break, reviewed testimony from Constand's mother about phone conversations they had with Cosby after the encounter. According to the testimony, Cosby called himself a "sick man" but refused to identify the pills he gave to Constand.
The panel got the case on Monday. It must come to a unanimous decision to convict or acquit.
If the panel can't break the deadlock, the judge could declare a hung jury and a mistrial. In that case, prosecutors would get four months to decide whether they want to retry Cosby or drop the charges.
The case has already helped demolish Cosby's image as America's Dad, cultivated during his eight-year run as Dr. Cliff Huxtable on the top-rated "The Cosby Show" in the 1980s and '90s.
Dozens of women have come forward to say Cosby drugged and assaulted them, but this was the only case to result in criminal charges.
The Associated Press does not typically identify people who say they are victims of sexual assault unless they grant permission, which Constand has done.
(© Copyright 2017 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)