A week-long trial followed by an even lengthier angst-ridden jury deliberation and the Cosby trial is right back where it started.
With the failure of the 12-person jury to reach a unanimous decision, a mistrial has been declared. Although spokesmen for Cosby have been portraying this as a victory, it is, at best, a stalemate.
At least one member of the jury was convinced beyond a reasonable doubt that Cosby was a sexual predator, taking advantage of his seniority and fame to drug and assault Andrea Constand over a decade ago. On the flip side, at least one of the jurors was left doubting Constand’s own evidence, fixating on some of the inconsistencies highlighted during cross-examination — unconvinced by the testimony of a further Cosby accuser and even Cosby’s own disturbing words from a prior civil deposition in which he admitted administering drugs to Constand in a past sexual encounter.
Both parties have quickly returned to the starting line and expressed a willingness retry the case from scratch. For the defence, a retrial provides fresh bounty by way of a brand new transcript which bolsters the arsenal of prior statements and discovery that can be used at Trial 2.0 to attack Constand’s credibility