Cosby alternate juror 'probably' would have convicted

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Prosecutors said they would retry Cosby, who remains charged with three counts of aggravated indecent assault.

The lawyer said that Cosby's ailing health-he is legally blind and uses a cane-made the trial hard to endure.

Bill Cosby arrives at the Montgomery County Courthouse during his sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa.

Though it's only been two days since a judge declared a mistrial in the sexual assault case of Bill Cosby, the comedian's criminal defense attorney is already expressing confidence that his client will be acquitted if he's tried again. The Constand case is the only one that fell within the statutes of limitations, and Philadelphia District Attorney Kevin Steele was voracious in fighting to take down Cosby.

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At one point during the trial, McMonagle stood beside Cosby and suggested to jurors that while Cosby may have been an unfaithful husband, that didn't make him a criminal.

In addition to bracing himself for a new criminal trial, Cosby is also battling civil cases, accusing him of sexual battery or defamation.

Today, as Cosby, once "America's Dad", walks in and out of the courtroom - sometimes bizarrely bellowing, "Hey, Hey, Hey!", his Fat Albert catchphrase, to the few fans left clustered outside - it's clear that social norms around sexual assault are turning, whether some like it or not. On Saturday, they came back and told O'Neill they were hopelessly deadlocked.

As an alternate, Mike McCloskey heard all the testimony but didn't participate in deliberations. McCloskey says jurors did not discuss the case on the bus ride after the trial.

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McCloskey shared a picture of what appeared to be his juror tag in a recently deleted Facebook post. He did not return calls for comment Monday.

Judge O'Neill has ordered the jurors to not speak to the media on why they could not reach a decision after 52 hours of deliberation and a week of testimony. The juror's names haven't been made public and the split on the vote hasn't been disclosed, shrouding the case in mystery. "If Cosby had testified, I would say that benefits the prosecution, but there's nothing there they can comb through". He did, however, advise them that speaking publicly about the case could cause problems in the case of a new trial, which prosecutors have vowed is coming. It's unclear how many jurors voted for conviction and how many wanted an acquittal.

Cosby is accused of drugging and sexually assaulting Andrea Constand, the former director of women's basketball operations at Temple University, at his Cheltenham mansion in mid-January 2004. The jury requested to hear another passage, this one including troubling details about Cosby's notion of consent. Occasionally, we pretend that history is a linear force that propels us, inevitably, toward more comprehensive justice, and that grotesque contradictions - such as the mistrial in the Cosby case - are brief, unfortunate glitches in the overall clockwork of progress. "She would have made you nearly cry", he said. The defense had hoped, if it did, to introduce evidence she had previously dated a man.

William Henry Cosby Jr., as his name appears on charging documents, remained calm but appeared exhausted as the mistrial was declared. O'Neill could schedule the retrial within weeks.

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