Bill Cosby Trial: Mistrial Declared After Jury Deadlocks

The saga of Bill Crosby’s criminal trial for allegedly drugging and sexually assaulting dozens of women is finally over, as earlier this month, a Pennsylvania jury was unable to come to a unanimous decision, resulting in a mistrial.

It is reported that on the sixth day of jury deliberations, two of the 12 jurors prevented a guilty verdict. The jury reportedly deliberated for 53 hours and asked 12 questions of the court during deliberations. An anonymous juror told ABC News that 10 out of the 12 jurors believed Cosby was guilty in two out of the three counts filed against him. The third count had the vote of 11 of the 12 jurors.

During the trial, prosecutors called 12 witnesses, including Andrea Constand, the woman who first came forward with allegations against Cosby.  She endured over a week of testimony with no forensic evidence.

Constand first told police about the alleged assault in January 2005, a year after she says it took place. The district attorney at the time declined to press charges, citing insufficient evidence. She thereafter sued Cosby in a civil suit and settled for an undisclosed amount in 2006.

Judge O’Neill, the judge presiding over the trial, declared the mistrial with prosecutors announcing that they plan to retry the case.

What Exactly is a Mistrial?

In the criminal justice system, a mistrial (also called a “hung jury”) is one that is not successfully completed. In other words, the jury cannot come to a decision even when it is given the adequate time to deliberate.   

Mistrials can occur for a number of reasons, including the death of the attorney, juror misconduct, or a prejudicial error unfair to the defendant. The most common reason for mistrial is a “hung jury,” when different members cannot come to a conclusion as to the guilt of the defendant.  Either side may file a motion for mistrial, which is either granted or denied by the presiding judge.  The government can still seek for a re-trial when there is a mistrial.

Juries Must be Unanimous for Criminal Trials

In federal court, whether the trial is criminal or civil, juries must reach a unanimous verdict. In state courts, almost every state requires a unanimous verdict in criminal trials.

In criminal trials, 12 jurors has traditionally been the norm, with a few outlier states that allow for six jurors (ie. Florida allows for six-person juries in criminal trials).

San Diego Sex Crimes and Criminal Defense Trial Lawyer

The Law Offices of David M. Boertje handles all cases involving sexual offenses, alleged sexual assault, rape, and battery, as well as violent crimes. If you have been arrested or charged with committing a sexual offense in the San Diego area, do not hesitate to contact attorney David Boertje today. Even if you are not convicted, sexual assault charges can still ruin your life. Call us today, and we will go over all your available legal defenses and make sure you get the fair trial you deserve.