After jury deadlocks, Bill Cosby faces 2nd sex assault trial

Bill Cosby exits the Montgomery County Courthouse after a mistrial was declared in Norristown Pa. Saturday

It's likely that Cosby's defence team will try to block a new trial, but legal experts say they are unlikely to prevail.

But what I will say is that I applaud this prosecutor, this judge, this young woman who came forward for at least attempting to uphold what we believe was the rule of law - that equal protection applies to Mr. Cosby just as it does to the victim in this case.

After the judge declared a mistrial, prosecutors announced they would retry the case.

VETERAN American entertainer Bill Cosby walked home a freeman yesterday after a U.S. judge declared a mistrial in his sex assault case.

Publicist Andrew Wyatt raised a clenched fist as he led the legally blind Cosby out of the courthouse after the jury deadlocked Saturday, while cameras popped and his lead defense lawyer walked away.

By Thursday morning, after almost 30 hours of discussions spanning three days, the jurors told O'Neill they were at a stalemate. Constand testified that she was planning to leave her job at Temple and embark on a new career plan and had been feeling stressed.

He did not give evidence, leaving it to his lawyer Brian McMonagle to argue Cosby and Constand were lovers and the encounter was consensual.

Cosby, 79, the comedian once known as "America's Dad", didn't testify during the trial in Norristown, Pa.

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That's "abundantly clear in the vitriol in Camille's statement".

Both Camille and the publicist may have forgotten that there are some 50 women who have accused the once-beloved TV staple of sexually assaulting them. She sued Cosby in a civil suit and settled for an undisclosed amount in 2006. It took Constand nearly a year to confide in her parents what happened, and they reported the incident to police in January 2005. The judge had previously sent the jury from outside Pittsburgh back to deliberate but they were unable to come to a consensus on any of the three counts. Cosby admitted under oath that he procured sedatives for the goal of giving them to young women with whom he wanted to have sex.

"He thought he could bury us", accuser Linda Kirkpatrick said of Cosby outside the courtroom in Norristown, Pennsylvania.

The end to the criminal trial of Bill Cosby with a hung jury and mistrial is not surprising, and may well be the result of jury nullification; a perfectly lawful doctrine which has been upheld by the U.S. Supreme Court, and which some prominent African Americans have championed, says public interest law professor John Banzhaf, who correctly predicted the outcome of several jury nullification cases, including this one. It was used, for example, by many Northern juries to find people not guilty for helping runaway slaves escape, but it was also used by Southern juries to free white defendants who had unlawfully harmed or even killed blacks.

Victoria Valentino, a former Playboy model who has accused Cosby of drugging and raping her decades ago, had a message for him.

"How do I describe the counsels for the accusers?" 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. Overtly arrogant and collaborating with the district attorney'. "She's entitled to a verdict in this case".

The criminal case against Cosby partly stems from the accuser's related lawsuit. He was charged shortly before the statute of limitation was set to expire.

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