Prosecutors to retry Bill Cosby after judge declares mistrial in sex assault case

Prosecutors say they will retry Bill Cosby after a judge declared a mistrial in his sexual assault case because of a hung jury.

“We the jury are deadlocked on all counts,” the jury’s note announced to the court.

“William H. Cosby Jr. remains free on bail,” the district attorney’s office in Montgomery County, Penn. tweeted following the court decision. ”New trial date will be set.”

Jurors spent six days and more than 50 hours deliberating on whether the 79-year-old star of popular 80s and 90s sitcom The Cosby Show drugged and assaulted Andrea Constand, a Temple University employee, in 2004.

Bill Cosby

Andrea Constand walks to the courtroom during Bill Cosby’s sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., June 6. Cosby was charged with sexually assaulting Constand at his suburban Philadelphia estate in 2004. (Matt Rourke/Associated Press)

Cosby had been charged with three counts of aggravated indecent assault.

His wife, Camille, released a seemingly hostile statement read by a member of her public relations firm following the trial.

“How do I describe the district attorney? Heinously and exploitively ambitious. How do I describe the judge? Overtly arrogant and collaborating with the district attorney. How do I describe the counsels for the accusers? Totally unethical. How do I describe general media? Blatantly vicious.”

Bill Cosby

Camille Cosby, right, arrives with husband, Bill, at the Montgomery County Courthouse in Norristown, Penn., June 12. (Matt Rourke/The Associated Press)

Dozens of women have come forward to say the comedian had drugged and assaulted them, but many of their cases were deemed to old to prosecute. Cosby has denied any wrongdoing. This was the only case to result in criminal charges against the actor.

“If the court allows more accusers to testify next time, it might make the difference,” said Gloria Allred, a civil rights lawyer representing 33 women accusing Cosby of sexual assault. ”In other words, it’s too early to celebrate, Mr. Cosby. Round two may be just around the corner.”

Bill Cosby

Lawyer Gloria Allred speaks with members of the media during jury deliberations in Bill Cosby’s sexual assault trial June 15. Following the mistrial, she said she will continue to work on a civil suit against Cosby. (Matt Rourke/The Associated Press)

Allred says she’ll be in a Santa Monica, Calif., court June 27 to ask for a trial date in a civil suit against Cosby. The bar for evidence in American civil lawsuits is lower than in criminal court, where prosecutors must prove guilt beyond a reasonable doubt. In civil cases, it must only be proven that the defendant is more likely than not to be responsible for harm.

Constand said under oath during the Pennsylvania trial that Cosby gave her three blue pills and penetrated her with his fingers as she lay ”frozen” on a couch. She said she wanted it to stop but couldn’t fight it.

His lawyer claimed the encounter was consensual. Cosby did not take the stand in his own defence.

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