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                                                                                                 U.S. NEWS Monday 19 June 2017

               Cosby team triumphant, but sex crime retrial, lawsuits loom

                                                                                                   pathetic young man sitting
                                                                                                   between  them.  Other  ju-
                                                                                                   rors were harder to read.
                                                                                                   “We  get  12  people  to
                                                                                                   agree on sex assault cases
                                                                                                   all  the  time,  but  this  is  not
                                                                                                   any case. It’s an old case,
                                                                                                   it’s a controversial case, it’s
                                                                                                   a case that involves ques-
                                                                                                   tions of consent,” said pro-
                                                                                                   fessor  Laurie  Levenson,  of
                                                                                                   Loyola Law School.
                                                                                                   She once served on a jury
                                                                                                   where  the  foreperson  was
                                                                                                   the lone holdout for an ac-
                                                                                                   quittal.  She  also  recalled
                                                                                                   a Los Angeles case where
                                                                                                   an  11-1  vote  to  acquit  in
                                                                                                   the  first  trial  ended  with
                                                                                                   a  conviction  the  second
                                                                                                   time  around.  She  believes
                                                                                                   the  breakdown  of  the  first
                                                                                                   Cosby  jury  is  important  to
            Andrew Wyatt raises his fist as Bill Cosby exits the Montgomery County Courthouse after a mistrial   know, but perhaps not pre-
            was declared in Norristown, Pa., Saturday, June 17, 2017. Cosby’s trial ended without a verdict   dictive of how the second
            after jurors failed to reach a unanimous decision.                                     trial might go.q
                                                                            (AP Photo/Matt Rourke)
            By MARYCLAIRE DALE           that Cosby had ever been
            MICHAEL R. SISAK             offered a plea deal.
            Associated Press             The  juror  names  remain
            NORRISTOWN, Pa. (AP) — In  shielded  from  the  public
            one  of  the  more  unusual  under  a  protective  order
            scenes  to  play  out  at  Bill  that  several  news  outlets
            Cosby’s sexual assault trial,  have  challenged.  Judge
            the judge questioned Cos-    Steven  O’Neill  could  re-
            by  under  oath  as  jury  de-  visit  the  issue  as  early  as
            liberations  wore  on  to  be  Monday. He advised jurors
            sure he knew the mistrial he  when the trial ended, after
            sought could lead to a sec-  a  week  of  testimony  and
            ond trial.                   52  hours  of  deliberations,
            Cosby,  the  actor  and  co-  that they need not discuss
            median  known  as  “Amer-    the case, even as the pub-
            ica’s  Dad,”  turns  80  next  lic  debates  whether  age,
            month  facing  just  that  or-  race, gender or other issues
            deal. Legal experts believe  separated them.
            prosecutors  will  reshape  “It  can  never  be  clearer
            their  case  for  Round  Two,  that  if  you  speak  up,  you
            although  it’s  not  yet  clear  could be chilling the justice
            why  jurors  couldn’t  reach  system in the future if jurors
            a  verdict,  or  how  close  are  needed  in  this  case,”
            they  came.  District  Attor-  O’Neill told them.
            ney Kevin Steele could ask  Criminal law professor Jody
            the  judge  to  let  more  of  Armour  wonders  if  the  bit-
            Cosby’s 60 accusers testify  ter divide over social issues
            or disclose to jurors that ac-  that’s evident in American
            cuser  Andrea  Constand  is  politics  was  at  work  in  the
            gay.  That  never  came  up  jury room. “Social attitudes
            in  her  seven  hours  of  tes-  in  general  affect  what
            timony.  The  defense  had  happens  in  criminal  trials,
            hoped,  if  it  did,  to  intro-  in rape cases. We can now
            duce  evidence  she  had  wonder  if  a  lot  of  those
            previously dated a man.      kinds  of  attitudes  were  at
            “The key to retrying a case  play in ... Bill Cosby’s rape
            is  to  do  it  differently  the  case,”  said  Armour,  who
            second time, because the  teaches at the University of
            defense  expects  you  to  South California.
            do  it  the  same  way,”  said  Two women jurors who ap-
            Constand’s lawyer, Dolores  peared  to  be  in  their  30s
            Troiani.                     or  40s  looked  anguished
            Constand  is  on  board  for  when   they   announced
            the  retrial.  And  District  At-  the  final  deadlock,  wip-
            torney Kevin Steele on Sun-  ing away tears with tissues
            day denied a media report  handed to them by a sym-
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