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At impasse, Bill Cosby jury tests patience of judge, defense

Associated Press logo Associated Press 6/17/2017 By MARYCLAIRE DALE and MICHAEL R. SISAK, Associated Press
Bill Cosby arrives at the Montgomery County Courthouse during his sexual assault trial, Friday, June 16, 2017, in Norristown, Pa. (AP Photo/Matt Slocum) © The Associated Press Bill Cosby arrives at the Montgomery County Courthouse during his sexual assault trial, Friday, June 16, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

NORRISTOWN, Pa. (AP) — The jury in Bill Cosby's sexual assault case tested the patience of defense lawyers and even the judge on the fifth day of deliberations Friday as it repeatedly asked to run through testimony from the TV star, his accuser and others, struggling to break a deadlock that threatens to end the trial without a verdict.

Bill Cosby arrives at the Montgomery County Courthouse during his sexual assault trial, Friday, June 16, 2017, in Norristown, Pa. (AP Photo/Matt Slocum) © The Associated Press Bill Cosby arrives at the Montgomery County Courthouse during his sexual assault trial, Friday, June 16, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

With deliberations running about as long as the testimony of all the witnesses combined, the 79-year-old TV star's lawyer complained that jurors were seeking a replay of the entire trial.

Accuser Andrea Constand exits the courtroom during deliberations in Bill Cosby's sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Friday, June 16, 2017. (Lucas Jackson/Pool Photo via AP) © The Associated Press Accuser Andrea Constand exits the courtroom during deliberations in Bill Cosby's sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Friday, June 16, 2017. (Lucas Jackson/Pool Photo via AP)

Judge Steven O'Neill refused repeated defense requests for a mistrial — two made in open court Friday and several others made behind closed doors — declaring that jurors could talk as long as they wanted over allegations that Cosby drugged and molested a woman at his suburban Philadelphia mansion in 2004.

Bill Cosby arrives at the Montgomery County Courthouse during his sexual assault trial, Friday, June 16, 2017, in Norristown, Pa. (AP Photo/Matt Slocum) © The Associated Press Bill Cosby arrives at the Montgomery County Courthouse during his sexual assault trial, Friday, June 16, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

But even the solicitous judge had his limits, putting his foot down late Friday afternoon when the jurors asked to hear a sliver of testimony they'd just had read back to them. The judge told them they had to rely on their collective memory.

Accuser Andrea Constand exits the courtroom during deliberations in Bill Cosby's sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Friday, June 16, 2017. (Lucas Jackson/Pool Photo via AP) © The Associated Press Accuser Andrea Constand exits the courtroom during deliberations in Bill Cosby's sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Friday, June 16, 2017. (Lucas Jackson/Pool Photo via AP)

As the panel deliberated charges that could send him to prison for the rest of his life, Cosby tweeted thanks to his fans and supporters.

Accuser Andrea Constand exits the courtroom during deliberations in Bill Cosby's sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Friday, June 16, 2017. (Lucas Jackson/Pool Photo via AP) © The Associated Press Accuser Andrea Constand exits the courtroom during deliberations in Bill Cosby's sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Friday, June 16, 2017. (Lucas Jackson/Pool Photo via AP)

The case has already helped demolish Cosby's image as America's Dad, cultivated during his eight-year run as Dr. Cliff Huxtable on the top-rated "The Cosby Show" in the 1980s and '90s.

Bill Cosby arrives for his sexual assault trial at the Montgomery County Courthouse, Friday, June 16, 2017, in Norristown, Pa. (AP Photo/Matt Slocum) © The Associated Press Bill Cosby arrives for his sexual assault trial at the Montgomery County Courthouse, Friday, June 16, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

Dozens of women have come forward to say he drugged and assaulted them, but this was the only case to result in criminal charges.

Bill Cosby waves as he arrives at the Montgomery County Courthouse during his sexual assault trial, Friday, June 16, 2017, in Norristown, Pa. (AP Photo/Matt Slocum) © The Associated Press Bill Cosby waves as he arrives at the Montgomery County Courthouse during his sexual assault trial, Friday, June 16, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

On Friday, the jury asked to review multiple pieces of evidence, including Cosby's 2006 deposition testimony about quaaludes, a now-banned party drug.

Bill Cosby arrives at the Montgomery County Courthouse during his sexual assault trial, Friday, June 16, 2017, in Norristown, Pa. (AP Photo/Matt Slocum) © The Associated Press Bill Cosby arrives at the Montgomery County Courthouse during his sexual assault trial, Friday, June 16, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

Cosby, who gave the deposition as part of Constand's lawsuit against him, said he got seven prescriptions for the powerful sedative in the 1970s for the purpose of giving them to women with whom he wanted to have sex.

Bill Cosby arrives at the Montgomery County Courthouse during his sexual assault trial, Friday, June 16, 2017, in Norristown, Pa. (AP Photo/Matt Slocum) © The Associated Press Bill Cosby arrives at the Montgomery County Courthouse during his sexual assault trial, Friday, June 16, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

The testimony is relevant because Cosby is charged with giving pills to Constand, a former Temple University employee, to incapacitate her before their sexual encounter. He has said it was Benadryl, a cold and allergy medicine. Prosecutors have suggested he gave her something stronger, possibly quaaludes.

Bill Cosby arrives for his sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Friday, June 16, 2017. (AP Photo/Matt Rourke) © The Associated Press Bill Cosby arrives for his sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Friday, June 16, 2017. (AP Photo/Matt Rourke)

The jurors also listened to the definition of reasonable doubt, the threshold that prosecutors must cross to win a conviction, and reviewed testimony from Constand and her mother about phone conversations they had with Cosby after the encounter. According to the testimony, Cosby called himself a "sick man" but refused to identify the pills he gave to Constand.

Bill Cosby arrives for his sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Friday, June 16, 2017. (Lucas Jackson/Pool Photo via AP) © The Associated Press Bill Cosby arrives for his sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Friday, June 16, 2017. (Lucas Jackson/Pool Photo via AP)

Cosby's lawyer, Brian McMonagle, has said Cosby and Constand were lovers sharing a consensual moment of intimacy.

Bill Cosby arrives for his sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Friday, June 16, 2017. (Lucas Jackson/Pool Photo via AP) © The Associated Press Bill Cosby arrives for his sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Friday, June 16, 2017. (Lucas Jackson/Pool Photo via AP)

McMonagle objected in court to the panel's repeated requests to review testimony, saying it suggested some jurors were trying to coerce other jurors in an attempt to bring an end to the deadlock.

Bill Cosby arrives for his sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Friday, June 16, 2017. (Lucas Jackson/Pool Photo via AP) © The Associated Press Bill Cosby arrives for his sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Friday, June 16, 2017. (Lucas Jackson/Pool Photo via AP)

"They were here!" said McMonagle, exasperated.

Accusers wait during deliberations in Bill Cosby's sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Friday, June 16, 2017. (Lucas Jackson/Pool Photo via AP) © The Associated Press Accusers wait during deliberations in Bill Cosby's sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Friday, June 16, 2017. (Lucas Jackson/Pool Photo via AP)

The judge said he saw no evidence of coercion or trouble in the deliberating room after the jurors reported their impasse on Thursday and he instructed them to keep trying for a verdict.

Bill Cosby waves as he arrives for his sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Friday, June 16, 2017. (Lucas Jackson/Pool Photo via AP) © The Associated Press Bill Cosby waves as he arrives for his sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Friday, June 16, 2017. (Lucas Jackson/Pool Photo via AP)

"There's a misperception that there's a time limit," the judge said.

The panel got the case on Monday. It must come to a unanimous decision to convict or acquit.

If the panel can't break the deadlock, the judge could declare a hung jury and a mistrial. In that case, prosecutors would get four months to decide whether they want to retry Cosby or drop the charges.

The Associated Press does not typically identify people who say they are victims of sexual assault unless they grant permission, which Constand has done.

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For more on Cosby, including trial updates, historical photos, videos and an audio series exploring the case, visit http://www.apnews.com/tag/CosbyonTrial.

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