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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 speaks with members of the media as he departs from the Montgomery County Courthouse during his sexual assault trial in Norristown, Pa., Friday, June 16, 2017. (AP Photo/Matt Rourke) © The Associated Press Bill Cosby speaks with members of the media as he departs from the Montgomery County Courthouse during his sexual assault trial in Norristown, Pa., Friday, June 16, 2017. (AP Photo/Matt Rourke)

NORRISTOWN, Pa. (AP) — The jury in Bill Cosby's sexual assault case ended a fifth day of deliberations Friday without reaching a verdict, testing the patience of defense lawyers and even the judge as it struggled to break a deadlock by making repeated runs through testimony given by the TV star, his accuser and others.

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

With deliberations passing the 50-hour mark, longer than 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. Lawyer Brian McMonagle also worried that some jurors might compromise "their views and their values" for the sake of reaching a unanimous decision.

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

"I believe this jury is tired, is weary," McMonagle said late Friday, as the jury wrapped up another marathon round of deliberations. "I believe they are being compelled to come back with a verdict."

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

Even as his attorney demanded a mistrial, Cosby himself thanked jurors for "their long days" and "their honest work, individually."

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

Judge Steven O'Neill pushed back on repeated defense requests to send the panel home without a verdict, 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. The judge had instructed the jury to keep deliberating after it reported Thursday it was deadlocked on the charges against the comedian.

Bill Cosby gestures as he leaves 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 gestures as he leaves the Montgomery County Courthouse during his sexual assault trial, Friday, June 16, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

"It's incredibly important to these jurors," the judge said. "I'm sorry it's causing everyone frustration, but the law requires that I allow a deliberating jury to continue to deliberate."

Bill Cosby leaves 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 leaves the Montgomery County Courthouse during his sexual assault trial, Friday, June 16, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

As jurors broke for the night, he praised them for their "hard work, dedication, fidelity to your oath."

Bill Cosby gestures to supporters as he tries to address the media outside 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 gestures to supporters as he tries to address the media outside the Montgomery County Courthouse during his sexual assault trial, Friday, June 16, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

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

Bill Cosby gestures as he leaves 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 gestures as he leaves the Montgomery County Courthouse during his sexual assault trial, Friday, June 16, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

The jurors will get back to work Saturday morning.

Bill Cosby speaks to the media as he leaves 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 speaks to the media as he leaves the Montgomery County Courthouse during his sexual assault trial, Friday, June 16, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

As they deliberated charges that could send him to prison for the rest of his life, Cosby tweeted thanks to his fans and supporters. The entertainer, once known as America's Dad, offered Father's Day greetings to well-wishers outside the courthouse after court adjourned.

Bill Cosby leaves 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 leaves the Montgomery County Courthouse during his sexual assault trial, Friday, June 16, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

"I just want to wish all of the fathers a happy Father's Day," Cosby said. "And I want to thank the jury for their long days. Their honest work, individually. I also want to thank the supporters who have been here. And, please, to the supporters, stay calm. Do not argue with people. Just keep up the great support. Thank you."

Bill Cosby leaves 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 leaves the Montgomery County Courthouse during his sexual assault trial, Friday, June 16, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

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

Bill Cosby speaks to the media as he leaves 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 speaks to the media as he leaves the Montgomery County Courthouse during his sexual assault trial, 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.

Actor and comedian Bill Cosby walks with his publicist, Andrew Wyatt, during deliberations in 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 Actor and comedian Bill Cosby walks with his publicist, Andrew Wyatt, during deliberations in Cosby's sexual assault trial at the Montgomery County Courthouse in Norristown, Pa, Friday, June 16, 2017. (Lucas Jackson/Pool Photo via AP)

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

Actor and comedian Bill Cosby walks to the courtroom with his publicist, Andrew Wyatt, during deliberations in 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 Actor and comedian Bill Cosby walks to the courtroom with his publicist, Andrew Wyatt, during deliberations in Cosby's sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Friday, June 16, 2017. (Lucas Jackson/Pool Photo via AP)

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.

Accuser Andrea Constand walks in a hallway 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 walks in a hallway 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 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.

Actor and comedian Bill Cosby walks with his publicist, Andrew Wyatt, during deliberations in 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 Actor and comedian Bill Cosby walks with his publicist, Andrew Wyatt, during deliberations in Cosby's sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Friday, June 16, 2017. (Lucas Jackson/Pool Photo via AP)

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.

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 defense has said Cosby and Constand were lovers sharing a consensual moment of intimacy.

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)

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.

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 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.

Media lines up as 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 Media lines up as 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)

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

Montgomery County District Attorney Kevin Steele arrives for 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 Montgomery County District Attorney Kevin Steele arrives for 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 panel got the case on Monday. It must come to a unanimous decision to convict or acquit.

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)

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.

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)

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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