The jury will continue its deliberations on Wednesday without heading to the courtroom first, as they did yesterday.
Bill Cosby arrived at the court looking chipper and confidant and gave a ‘thumbs up’ to the crowd around the courthouse.
Meanwhile, six of his accusers including Victoria Valentino, Jewel Allison, Lili Bernard, Therese Serignese, Linda Kirkpatrick and Caroline Heldman showed up to support Andrea Constand.
The jury broke at the end of the second day of their deliberations at 9.20pm.
Dismissing the jury O’Neill urged people not to read anything into the break in deliberations. He told the court: ‘The jury are exhausted. This only shows at this point that you are conscientiously engaging in the deliberation process. And it is an exhausting work and the day has to come to an end.
‘Read nothing into it.’
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Bill Cosby appeared confident as he awaited the verdict of his trial on the third day of the jury’s deliberations. The jury members are sequestered and have been deliberating since Monday afternoon
Cosby’s accusers posed for a photo outside of the court house in Montgomery County. Bernard held a gladiolus flower which Heldman called ‘the peaceful sword of truth’ on Twitter (pictured Victoria Valentino, Jewel Allison, Lili Bernard, Caroline Heldman, Therese Serignese and Linda Kirkpatrick)
The jury broke at the end of the second day of their deliberations at 9.20 p.m. Cosby seemed at ease Wednesday morning at the Montgomery County courthouse
On Tuesday, jury members asked for a readback of Ontario detective’s testimony about Andrea Constand’s first account of the alleged incident with Cosby
On Tuesday a woman claiming she was a friend of Andrea Constand at Temple University – who the defense was not permitted to call on the grounds that her testimony constituted hearsay – has issued a statement claiming that Constand shared with her an idea that she could report having been drugged and sexually assaulted by a high profile person in order to file a civil suit and make money.
Marguerite Jackson is employed by Temple University and has been for the past 30 years as a student advisor. In that capacity she claimed to have worked closely with Constand.
In the statement which Jackson sent to the Cosby team in November when she offered herself as a witness she wrote: ‘As a function of my position, I would travel with the team occasionally.
‘On each occasion Andrea and I would share a hotel room. Although I cannot recall the specific year, there was an occasion, I traveled with the team of Rhode Island.
‘During our stay Andrea and I shared a room, I recall the television was on. We were watching the news.
The jury’s questions about the Ontario detective’s testimony regarding the alleged 2004 assault may indicate they are grappling with inconsistencies of the testimony
Cosby’s lawyer Brian McMonagle arrived on the third day of jury deliberations for the Bill Cosby sexual assault trial at the Montgomery County Courthouse
Attorney Gloria Allred also arrived on Wednesday. Last week, she was kicked out of court because her phone rang
The judge urged people to not read anything into the break in the jury’s deliberations Tuesday night (Cosby pictured arriving to the courthouse Wednesday)
‘There was a story of a high profile individual who was accused of drugging women and sexually assaulting them.’
According to Jackson the story ‘peaked Andrea’s interest.’ ‘She told me that something similar had happened to her. I was shocked. I asked her if she had filed charges. She said she hadn’t.’
When questioned further Constand claimed that she had not pressed charges because the person who had drugged and sexually assaulted her was also high profile.’
But when pressed, Jackson stated, Constand backtracked and admitted to having made the story up.
‘Her response was that it had not happened but she could say it happened and file charges , filed a civil suit, get the money, go to school and open a business.’
Constand has publicly denied knowing Jackson and when the defense attempted to bring her into their cross examination the lawyer was told by Judge O’Neill to ‘move on’ as Constand repeatedly told her she did not know or recall who she was talking about.
On Tuesday, the jury deliberated for 16 hours and have had followup questions regarding exact wording of testimonies several times
Speaking outside Courtroom A, Andrew Wyatt, spokesman for Cosby described the decision to not allow Jackson to testify as ‘unfair.’
He said, ‘We want to let the public know, and let the world known that Andrea Constand was untruthful, and that she perjured herself on the stand.’
Wyatt explained that Jackson reached out to the Cosby camp while on a cruise ship last Nov., ‘talking to two comedians, and said she knew someone who was possibly setting up Bill Cosby.’
He said, ‘You’re talking about a fair and balanced trial here. It’s expected.’
Wyatt added that Cosby is ‘doing good, his spirits are up, and we believe this jury is highly intelligent.’
He said, ‘They’re seeing the bigger picture, and they understand this is somebody’s life on the line. Forget the celebrity part.’
The jury asked to review evidence relating to the bag of pills that Cosby brought, unsolicited, to an interview with 3 detectives and which he attended flanked by his three lawyers in 2005
Meanwhile, the sequestered jury deciding Bill Cosby’s fate broke at the end of the second day of their deliberations without reaching a verdict.
At 9.20pm Judge Steven O’Neill dismissed the jury for the day after a total of 16 hours of deliberation which began yesterday afternoon and will continue again in the morning.
At 3.45pm Tuesday, the jury asked for Detective Dave Mason of the Durham, Ontario Police Department’s testimony regarding Constand’s first account of the incident the night that she reported it on January 13, 2005.
It is a question read by many as indicating that the jury – who have already asked questions pertaining to the issue of consent – are wrestling with reconciling the inconsistencies in Constand’s various accounts as they hash out the key issue of her credibility.
In that account Constand claimed that she had been at a dinner with Cosby and other people in a local restaurant the night of the alleged assault. She said that she had returned to his home following the evening and that they were alone in the kitchen when he offered her pills to help her relax.
She said she asked if they were herbal and he told her yes and that almost immediately after ingesting them she felt dizzy and her legs felt like jelly.
Constand sat in court listening once more to Cosby’s words from his deposition being read. Earlier she had embraced prosecutor Kristin Fedin and appeared in a relaxed and upbeat mood (pictured arriving to the courthouse Tuesday)
In that first account she related losing consciousness and waking to feel ‘something foreign inside her.’ Sergeant Mason also asked Constand why she had waited until then to report the incident and she said that she felt embarrassed and was very aware of Cosby’s standing in the community.
Mason stated that Constand appeared nervous but not upset when he interviewed her and that she also said that her interest in a career in sports broadcasting played a part in her decision to keep the incident private until then.
This morning when jurors returned to the courtroom they listened for close to an hour as Judge O’Neill read the lengthy portion that essentially covered every aspect of Cosby’s relationship with Constand, the night of the alleged incident and his own habit of taking Benadryl to help him sleep.
They heard once more Cosby’s admission to having a ‘romantic interest’ in Constand from first meeting her through the account of the night of the alleged incident and how and why he gave Constand the pills that he told her were ‘three friends.’
They heard Cosby telling lawyers that the night was ‘romantic’ and claiming to have brought Constand to orgasm before urging her to ‘take a nap’ as she had complained of her inability to sleep and relax.
The sections also included Cosby’s explanations of the pills he had given unsolicited to investigating officers – a green blood pressure pill, a white homeopathic pill and a pink Benadryl – as well as his own habit of taking Benadryl to help him sleep.
Marguerite Jackson is employed by Temple University and has been for the past 30 years as a student advisor. In that capacity she claimed to have worked closely with Constand
Constand sat in court listening once more to Cosby’s words being read. Earlier she had embraced prosecutor Kristin Fedin and appeared in a relaxed and upbeat mood as she sat alongside Detective Richard Schaffer who has been in court throughout
At 11.20am the jury asked a second question asking the judge to define what ‘without her knowledge’ means in the context of the count 3 in aggravated sexual assault charge: Lack of Consent.
Judge O’Neill called the jury back in to tell them that he was not permitted to ‘define any further terms’ and that it is up to the jury what that means.
The issue is a crucial one as Constand and Cosby’s accounts corroborate each other to the extent that both state that Cosby gave her three blue pills, to help her relax. And that she took them there and then.
Constand claimed that she asked Cosby ‘Are they herbal?’ and that he nodded yes. But in Cosby’s account he said that she ‘inspected’ the pills before taking them but did not ask what they were.
The question that the jury appears to be deliberating is whether or not Cosby’s account would still constitute ‘lack of knowledge,’ given that Constand did not know what they were albeit because – in his version – she did not ask.
At 7:35 on Monday evening the jury were back in Courtroom A having returned with a question given to the judge at 7.13 p.m.
Judge O’Neill read: ‘Can we see from Mr C’s testimony the part where he called the pills his friends we need to see the whole context?’
By way of answer the judge read the relevant section of Cosby’s deposition and the preceding and following paragraphs when he spoke about the night of the alleged incident and giving Andrea the pills.
He said: ‘She sat with her back to the kitchen well which is the door the door wall…our conversation at that time was about concentration was about I don’t remember that clearly what it was fully about
Cosby walks up to the courthouse in Montgomery County with his spokesperson Andrew Wyatt on Tuesday second day of jury deliberations
But we talked and there was talk of tension yes about relaxation and Andrea trying to learn to relax the shoulders the head etc
And I went upstairs and went into my pack and broke one in half and took another half and brought them down and said to her ‘Your friends. I have three friends for you to make you relax.’
‘So you brought two and a half pills?’ he was asked.
Cosby answered, ‘Broke one in half and another half which would be one and a half.’
When asked why he would break the pills he said ‘because they were long.’
At 9.30 p.m. the jury was dismissed after spending 13 hours in the courtroom in a day that saw the brief defense, closing statements, instruction and the reading of charges before they began deliberations.
Their final act was to ask another question which Judge O’Neill was ‘an easy one’ that he would answer in the morning.
Cosby’s lawyer Brian McMonagle (left) and Montgomery County DA Kevin Steele (right) went head to head on Monday as they presented their closing argument
They asked to review evidence relating to the bag of pills that Cosby brought, unsolicited, to an interview with 3 detectives and which he attended flanked by his three lawyers in 2005.
The bag contained one pink, one green and one white pill. The pink one was Benadryl – a fact that Detective James Reape had told jurors he found ‘odd’ as it was just 10 days after Cosby told police that he still had the same packet of the medication as the one from which he had taken the pills he gave Constand. Yet the pills he gave her were blue.
The jury has retired to consider their verdict after a day of breathtaking pace in Montgomery County Courthouse in which closing statements given and the jury instructed after the defense mounted a case that lasted just six minutes.
Judge O’Neill read his instructions advising the jurors that their task was ‘one of considerable importance.’
He told them to apply ‘the law as I’ve given you [it] and the facts as you find them.’ Emotion, he reminded them had no place in their deliberations, which must be impartial without sympathy, bias or concern of penalty should the verdict, be guilty.
Cosby sat in solemn contemplation as O’Neill spoke. With all the show – all the argument, evidence and activity of the trial – now over all that is left between him and a verdict is time.
He stroked his chin, placed his hand partially across his face and then he simply listened as Judge O’Neill read.
He reminded them that they had to judge the credibility of witnesses and they should call upon their common sense as men and women of the world.
The burden was on the Commonwealth to prove the case beyond ‘reasonable doubt’ he said – not beyond all doubt. They did not have to prove it as a mathematical certainty. And whatever the jury decide their verdict must be unanimous.