Alternate juror in Cosby trial says he 'probably' would've voted guilty
An alternate juror selected for Bill Cosby's sexual assault trial said Monday that he "probably" would've voted guilty after Judge Steven O'Neill declared a mistrial Saturday.
The deadlocked jury deliberated for 52 hours over five days and could not come to a unanimous verdict on any of three counts of aggravated indecent assault brought by accuser Andrea Constand.
Speaking to Pittsburgh's WDVE radio station, Mike McCloskey, 43, said he felt "ridiculously sick" after learning the jury couldn't come to a consensus.
Being an alternate juror, McCloskey was privy to the case's testimony but was not present for deliberations.
District Attorney Kevin Steele intends to retry the case. He said at a news conference that Constand "deserves a verdict" on the charges stemming from an encounter at Cosby's suburban Philadelphia estate in 2004. Cosby says their interaction was consensual.
"Our plan is to move this case forward as soon as possible," said Steele, noting that another year added to the age of the case wouldn't be a problem. "One of the challenges that we face in this type of case is the time period that has gone. But it doesn’t affect the evidence. And I hope, if you sat through the court proceedings, you saw how powerful that evidence is.”
While McCloskey has opted to go public, the names of the jurors have not been divulged. The judge will hold a hearing Tuesday on the release of the names.
The jurors' identities remain private in accordance with a protective order being challenged by news outlets. O'Neill told jurors at the trial's conclusion that they are not required to discuss the trial.
A memorandum submitted by Steele Monday addresses the media's “desire to interview the jurors to find out about deliberations,” expressing concern that "lifting the curtain on jury deliberations" would negatively impact the next jury.
O'Neill released Cosby on the same conditions of his $1 million bond posted in December 2015.
A mistrial, O’Neill said, isn't a vindication for either party. He added the jury's work is “probably one of the more courageous acts, selfless acts that I’ve seen in the justice system,” and at least one juror fought back tears.
Though it was not immediately known what the vote was, it was clear the prosecution failed to prove its case beyond a reasonable doubt in the view of at least one juror.
In the courtroom, neither Cosby nor Constand, who was present, showed much emotion. Afterward, Cosby's spokesman, Andrew Wyatt, declared victory. "Mr. Cosby's power is back," Wyatt said. "It has been restored."
Celebrities like Lena Dunham and less-famous voices shared their reaction to the mistrial on social media.
"Bill Cosby's trial is about much more than Bill Cosby. When women see justice served, their own fear & trauma are eased," the Girls creator tweeted. "Survivors of sexual assault have to watch every day as the legal system calls them liars and denies their truth. It is an unimaginable grind."
Contributing: Karl Baker, Maria Puente and the Associated Press
