The jurors in Bill Cosby’s criminal case are deadlocked, they informed the court Thursday morning, on their fourth day of deliberations.
Judge Steven T. O’Neill read a statement from the jury, submitted at 11:06 a.m. Thursday, which said they could not reach consensus on any of the three counts of aggravated indecent assault facing Cosby. O’Neill proceeded to read Pennsylvania Suggested Standard Criminal Jury Instruction 2.09, known as an Allen charge, urging the jurors to reach a unanimous verdict.
Before charging the jury, O’Neill also mentioned that a motion for immediate mistrial had been filed, but he denied the motion given the amount of time the jury had been deliberating.
The jury submitted its note to the judge 30 hours into their deliberations, which began Monday night.
Jurors had submitted six questions earlier this week, five times asking to hear portions of testimony once more. Wednesday afternoon, they asked to hear testimony that had not yet been transcribed, from a detective who took the stand last week. The court spent about three hours transcribing the information before reading it in court Wednesday night, after the jurors ate dinner. A court reporter finished reading the requested passages about four hours after the jury first requested them.
The Allen charge, so named for the 1896 Supreme Court case Allen v. U.S., reminds jurors that they must agree unanimously on any given charge in order to return a verdict.
“’Each of you has a duty to consult with one another and to deliberate with a view to reaching an agreement, if it can be come without violence to your individual judgment,’” O’Neill read to the jurors. “’However, each of you must decide this case for yourself after an impartial consideration of the evidence with your fellow jurors.’”
Cosby has been charged with three counts of aggravated indecent assault, for allegedly drugging, then sexually assaulting Andrea Constand at his home in 2004.