The Cosby trial has been a strange one. So really, it’s no surprise that it didn’t have a cut-and-dry ending.
After hearing a single witness from the defense and 12 witnesses from the prosecution, after listening to the contents of a 2005 police report and just a solitary word from Cosby himself, the jury secluded itself to figure out whether the aged television doctor was guilty or innocent.
They talked with one another for 30 hours over three days. One can assume they went back and forth, picking over every little piece of evidence.
And today, as New York Magazine and others have reported, the jury came out and told the judge they had no idea whether Cosby is guilty or not.
As you probably know, the courtroom isn’t like the soccer field — ties don’t fly. So Judge Steven O’Neill told the jurors, “You must agree unanimously,” and had them go back to talk some more.
So now what?
Well, the jurors have to figure out which — if any — of the three counts of aggravated indecent sexual assault Cosby is guilty of.
Count one is the matter of consent: did Andrea Constand say “yes” to engaging in sexual contact with Cosby?
Count two involves whether or not Constand could give consent: was she conscious and aware or was she incapacitated?
Count three is the drug count: did Bill Cosby give Andrea Constand drugs so that she would be more willing/unable to refuse to have sex with him?
A few things could happen now. Jurors could say that Cosby is guilty of one, two or three of these counts. Or, it could say he’s not guilty of any of them.
Each count comes with up to 10 years of jail time and fines of up to $25,000. So even if Cosby is only found guilty of one, he could potentially spend the rest of his life in jail.
If found partially guilty, the prosecution could try for a retrial; however, if the jury comes out and says definitively that Cosby isn’t guilty of certain counts, his defense could block retrials on those counts, meaning that the prosecution would have to come up with a new angle.
And, no matter what happens here, Cosby still has to face civil charges for similar alleged crimes. In fact, the first case kicks off in California this month.
The jury could emerge from their chambers with a decision today. Or next week. But you know whenever it happens, Blavity will keep you in the loop no matter what!