Cosby judge could revisit issue of revealing names of jurors

Nick Sanchez
June 28, 2017

(AP Photo/Matt Rourke). District Attorney Kevin Steele holds a news conference after a mistrial in Bill Cosby's sexual assault case in Norristown, Pa., Saturday, June 17, 2017. 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.

Mike McCloskey, one of six alternate jurors chosen for the almost two-week trial, discussed his experience in an interview with Pittsburgh radio station WDVE. The prosecution began with the 79-year-old entertainer's arrest on December 30, 2015.

During their deliberations, jurors sent a string of questions to the judge, asking to rehear the testimonies of five trial witnesses and Cosby's previous deposition testimony.

Forty-three-year-old Mike McCloskey spoke to Pittsburgh radio station WDVE on Monday.

"We have no indication of where anybody was on the case and I don't know that we will ever know", Steele said.

Some jurors in highly visible cases have endured post-trial harassment.

McCloskey did not immediately return a message Monday. After six days of deliberation, the jury was deadlocked in its ability to reach a unanimous decision. The jurors' names haven't been made public and the split on the vote hasn't been disclosed, shrouding the case in mystery.

In new court documents, the prosecution asserted the court should withhold juror names to keep from compromising "an important right that will be prejudiced by publicity", such as the defendant's right to a fair trial.

Constand, who worked at Cosby's alma mater, Temple University, is ready to go to trial again. The jurors, they used their power to speak.

Bill Cosby, the comedian once known as "America's Dad" for his TV role as paternal Dr. Cliff Huxtable, is declaring victory this Father's Day after a jury deliberated 52 hours without reaching consensus on charges he drugged and molested a woman in 2004. Cosby has called their sexual encounter consensual.

Juror names are normally a matter of public record and judges must justify the decision to seal them, legal experts said. When we got there we didn't have security and people were diving on our cars. Steele vowed to retry the case in the coming months.

He remains free on $1 million bail.

Concerns about the case's visibility had already prompted O'Neill to import jurors for the first trial from Pittsburgh, around 300 miles (480 km) from the courthouse in Norristown, Pennsylvania, near Philadelphia. "'Probably' does not win criminal trials".

Yet the fundamental potential flaw in the case will remain: Constand's inconsistent statements to police about matters such as the date and circumstances of the alleged assault, which she says took place in 2004 at Cosby's gated estate in tony Elkins Park, Pennsylvania.

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