Jurors in the Bill Cosby criminal trial told the judge Thursday afternoon, "We can not come to a unanimous consensus on any of the counts". After 31 hours of deliberations, jurors said they were deadlocked. The judge instead gave the stone-faced jurors new instructions - known as an Allen charge or a Spencer charge - reminding them of their duty to try to reach a decision.
Cosby's legal team made a motion for a mistrial, which Montgomery County Judge Steven O'Neill denied.
The judge sent them back to the jury room to keep talking.
But Gloria Allred, a high-profile lawyer who represents more than 30 Cosby accusers, said the jury's note was not vindication for the entertainer.
The once-beloved comedian has been accused of sexual abuse by approximately 60 women, but only Constand's allegations have led to criminal charges.
Cosby's defense lawyer Brian McMonagle heard the news and asked for a mistrial.
Each of the counts against Cosby carries a maximum 10-year prison term, though the counts could be merged at sentencing if he is convicted.
More than a dozen excerpts from Cosby's deposition, including the "friends" comment and his acknowledgment that he'd gone "somewhere between permission and rejection" during a previous encounter with Constand. In clear and firm statements, she said Cosby, a powerful Temple alum, mentored her and took an interest in her career like a father figure.
The three charges accuse Cosby of assaulting Andrea Constand without her consent, assaulting her when she was unconscious and assaulting her using drugs to substantially impair her ability to consent.
Cosby is charged with three counts of aggravated sexual assault. Cosby did not testify.
Several of the women, who have been awaiting a verdict all week, got into arguments with a number of Cosby supporters who appeared at the trial for the first time on Thursday.
Defense attorneys said those were not the actions of a sexual assault victim, and suggested she was lying. Perhaps a hopeful nudge that the jury will keep at it until they arrive at a verdict.
Valentino, of Pasadena, Calif., said people "confuse the character with the actor", speculating that a juror may be looking at Cosby as Dr. Cliff Huxtable, the character Cosby played on "The Cosby Show". While diverse perspectives make for more thorough discussion and review of the evidence, it can also be very frustrating to jurors if other jury members are becoming more entrenched in their diverse positions instead of moving toward consensus. Cosby, 79, pleaded not guilty to the charges.
In it, he claimed Constand showed no ill effects from the 1½ Benadryl pills he gave her to help her relax and that she never objected to his behavior during the encounter.
"Hung juries aren't that common because jurors want to reach a verdict, and they usually get to a verdict", Patterson said.
They've paused a half-dozen times to revisit key evidence, including Cosby's decade-old admissions that he fondled accuser Andrea Constand after giving her pills at his suburban Philadelphia home in 2004.