On Thursday, the 12-person jury announced that it was unable to reach a unanimous decision after nearly 30 hours of deliberation but were sent back to the negotiating table by the judge.
It appears that select jurors will not budge which will force Judge O'Neill to declare the case against Cosby a mistrial. The judge instead gave the stone-faced jurors new instructions - known as an Allen charge or a Spencer charge - reminding them of their duty to try to reach a decision.
The stunning revelation of a hung jury in the Bill Cosby trial in Philadelphia has court watchers buzzing, as to what could be the reason they cannot decide whether the now-disgraced comedy legend sexually assaulted a lesbian woman. Despite the deadlock, the judge instructed the jurors to continue their deliberations to see if they could work out their differences and deliver a verdict. If the jury tells the judge they are deadlocked, he will have considerable flexibility under Pennsylvania law in how to respond.
Deliberations began Monday night after a rapid six days of testimony and closing arguments. He is charged with three counts of aggravated indecent assault and faces 15 to 30 years in prison if convicted of the charges.
Cosby's lawyers maintain Constand was a willing sexual partner. In clear and firm statements, she said Cosby, a powerful Temple alum, mentored her and took an interest in her career like a father figure. He called the pills her "friends" without telling her what they were, and admitted to giving other young women Quaaludes, a sedative, in the 1970s.
Jury questions posed during Bill Cosby's sex assault trial.
Andrea Constand, the lesbian who has accused Mr. Cosby of sexual assault, made a strong case and remained composed and calm on the stand. Cosby's defense team spent most of its time during cross-examination of Constand trying to show the jury inconsistencies and mistakes in her account of the alleged assault 13 years ago.
Authorities declined to charge Cosby when she first came forward in 2005, but a new district attorney reopened the case in 2015 after Cosby's deposition was unsealed at the request of The Associated Press.
Constand's allegations are the only ones to result in criminal charges, with numerous others too old to allow for prosecution.
The Associated Press and NBC10 do not typically identify people who say they are victims of sexual assault unless they grant permission, which Constand has done. "That does not mean that a verdict that takes several days will be a good thing for him, but if the jury takes time deliberating that means they are discussing reasonable doubt and if they can believe the complainant".
Valentino, of Pasadena, Calif., said people "confuse the character with the actor", speculating that a juror may be looking at Cosby as Dr. Cliff Huxtable, the character Cosby played on "The Cosby Show". I'm anxious there are too many men on the jury.
"Hung juries aren't that common because jurors want to reach a verdict, and they usually get to a verdict", Patterson said.
In it, he claimed Constand showed no ill effects from the 1½ Benadryl pills he gave her to help her relax and that she never objected to his behavior during the encounter.