A second anonymous juror is speaking out about the circumstances that led an Allegheny County, Pennsylvania, jury to reach a deadlock over Bill Cosby’s headline-making sexual assault trial.
“We had no real new evidence,” the juror told CNN of one big reason why the jury couldn’t come to a consensus. “There was no soiled clothing, no smoking gun, no new evidence.” The juror added that he suspected the case against Cosby had resurfaced because of “politics.” (In reality, the main reason Andrea Constand’s case against Cosby resurfaced in 2015 was because of a newly released deposition he gave in 2005 and 2006 as part of Constand’s civil suit.)
In addition, the juror noted, some of the language of the charges threw the jurors off and caused them to doubt elements of the case.
“It didn’t matter if it was January or March, or what the dates were, the fact that it happened, we accepted that,” the juror said. “We accepted all of that. But we could not accept the way the charges were written.”
“They were legally written with a lot of different words than what was said out in the courtroom, and it caused the jurors to keep going back to the judge looking where these words were like ‘reckless’ and ‘unconscious’ and ‘severely impaired’ and ‘unreasonable doubt,'” the juror said. “Now we had out there reasonable doubt, but not unreasonable doubt. What is unreasonable doubt? We spent a lot of time trying to figure these words out that were in these charges, which made them so much more severe than what all the testimony, or I heard closing arguments was. We never heard those words, and that’s where the problem was.”
One word in particular tripped the jurors up, he said. “‘Reckless’ was one word that we spent a whole day on trying to figure out whether he was reckless going upstairs and getting pills,” the juror said. “Just, you couldn’t convict him on the wording of the charges. And that’s where we argued back and forth. What meant one thing to one person and something to another, and after they slept on it they changed their minds.”
Another anonymous juror previously revealed to ABC News that the 12 jurors had initially voted overwhelmingly in a non-binding poll to find Cosby not guilty on all three counts of aggravated indecent assault. Over the course of their 52-hour deliberation, however, the breakdown came to a 10-2 majority who believed Cosby was guilty on two of the three counts. (The last count, that Cosby had sexually assaulted Constand while she was unconscious or unaware of the incident, had a majority vote to acquit the actor.)
Judge Steven T. O’Neill declared a mistrial Saturday, with prosecutors announcing shortly afterward that they plan to retry the case within four months.
The anonymous juror told CNN, however, that he thought a retrial would be a “waste of money,” given that there will likely be no new developments to aid the juror in a reaching a conclusion.
“If they handle the case the same way they did this, and there’s no new evidence … and it’ll probably be another year or two until they can get this thing up. It’d be a waste of money,” he said.
On Thursday, Cosby’s rep, Andrew Wyatt, told Rolling Stone in a statement that his client is planning on touring the country in a series of town halls in coming months to educate young men and women about sexual violence – specifically, how to avoid the threat of being accused of inappropriate behavior.