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Cosby alternate juror 'probably' would have voted to convict

Associated Press logo Associated Press 6/19/2017 By MARYCLAIRE DALE and MICHAEL R. SISAK, Associated Press
Bill Cosby exits the Montgomery County Courthouse after a mistrial in his sexual assault case in Norristown, Pa., Saturday, June 17, 2017. Cosby's trial ended without a verdict after jurors failed to reach a unanimous decision. (AP Photo/Matt Rourke) © The Associated Press Bill Cosby exits the Montgomery County Courthouse after a mistrial in his sexual assault case in Norristown, Pa., Saturday, June 17, 2017. Cosby's trial ended without a verdict after jurors failed to reach a unanimous decision. (AP Photo/Matt Rourke)

NORRISTOWN, Pa. (AP) — An alternate juror in Bill Cosby's sexual assault case said Monday he "probably" would have voted to convict and was "ridiculously sick" when he found out the main jury couldn't reach a verdict.

Bill Cosby exits the Montgomery County Courthouse after a mistrial was declared in Norristown, Pa., Saturday, June 17, 2017. Cosby's trial ended without a verdict after jurors failed to reach a unanimous decision. (AP Photo/Matt Rourke) © The Associated Press Bill Cosby exits the Montgomery County Courthouse after a mistrial was declared in Norristown, Pa., Saturday, June 17, 2017. Cosby's trial ended without a verdict after jurors failed to reach a unanimous decision. (AP Photo/Matt Rourke)

A mistrial was declared Saturday after jurors said they were hopelessly deadlocked. Prosecutors plan to retry the 79-year-old star on charges he drugged and molested a woman in 2004.

Judge Steven O'Neill leaves the courtroom following his decision in the Bill Cosby sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Saturday, June 17, 2017. Cosby's trial ended without a verdict after jurors failed to reach a unanimous decision. (Ed Hille/The Philadelphia Inquirer via AP, Pool) © The Associated Press Judge Steven O'Neill leaves the courtroom following his decision in the Bill Cosby sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Saturday, June 17, 2017. Cosby's trial ended without a verdict after jurors failed to reach a unanimous decision. (Ed Hille/The Philadelphia Inquirer via AP, Pool)
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As an alternate, Mike McCloskey heard all the testimony but didn't participate in deliberations.

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. Cosby's trial ended without a verdict after jurors failed to reach a unanimous decision. (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. Cosby's trial ended without a verdict after jurors failed to reach a unanimous decision. (AP Photo/Matt Rourke)
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He told Pittsburgh radio station WDVE that jurors did not discuss the case on the bus ride after the trial, maintaining "complete silence." The trial took place outside Philadelphia, but the jury came from the Pittsburgh area.

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. Cosby's trial ended without a verdict after jurors failed to reach a unanimous decision. (AP Photo/Matt Rourke) © The Associated Press 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. Cosby's trial ended without a verdict after jurors failed to reach a unanimous decision. (AP Photo/Matt Rourke)

"It was the craziest, eeriest bus ride I've ever taken," said McCloskey, 43.

Cosby's accuser Andrea Constant leaves the courtroom at the Montgomery County Courthouse after a mistrial the Bill Cosby sexual assault case in Norristown, Pa., Saturday, June 17, 2017. Cosby's trial ended without a verdict after jurors failed to reach a unanimous decision. (Ed Hille/The Philadelphia Inquirer via AP, Pool) © The Associated Press Cosby's accuser Andrea Constant leaves the courtroom at the Montgomery County Courthouse after a mistrial the Bill Cosby sexual assault case in Norristown, Pa., Saturday, June 17, 2017. Cosby's trial ended without a verdict after jurors failed to reach a unanimous decision. (Ed Hille/The Philadelphia Inquirer via AP, Pool)

McCloskey posted his juror's badge on Facebook as proof of his role in the case. He did not immediately return a message from The Associated Press on Monday.

Lawyer Dolores Troiani, who represented accuser Andrea Constand, walks outside the Montgomery County Courthouse after Bill Cosby's sexual assault trial, Saturday, June 17, 2017, in Norristown, Pa. Cosby's trial ended without a verdict after jurors failed to reach a unanimous decision. (AP Photo/Matt Slocum) © The Associated Press Lawyer Dolores Troiani, who represented accuser Andrea Constand, walks outside the Montgomery County Courthouse after Bill Cosby's sexual assault trial, Saturday, June 17, 2017, in Norristown, Pa. Cosby's trial ended without a verdict after jurors failed to reach a unanimous decision. (AP Photo/Matt Slocum)

Jurors deliberated more than 52 hours over six days before telling a judge they couldn't break their deadlock. The juror's names haven't been made public and the split on the vote hasn't been disclosed, shrouding the case in mystery.

One of Bill Cosby's accuser's reacts at the Montgomery County Courthouse after a mistrial the Bill Cosby sexual assault case in Norristown, Pa., Saturday, June 17, 2017. Cosby's trial ended without a verdict after jurors failed to reach a unanimous decision. (Ed Hille/The Philadelphia Inquirer via AP, Pool) © The Associated Press One of Bill Cosby's accuser's reacts at the Montgomery County Courthouse after a mistrial the Bill Cosby sexual assault case in Norristown, Pa., Saturday, June 17, 2017. Cosby's trial ended without a verdict after jurors failed to reach a unanimous decision. (Ed Hille/The Philadelphia Inquirer via AP, Pool)

Prosecutors are fighting to keep the jurors' identities a secret, arguing in court documents Monday that releasing them would result in a "publicity onslaught" and make picking a jury for the second trial more difficult. Media organizations urged a judge to release them, saying the public has an interest in "confirming that the outcome of the first trial was the result of an impartial process."

Andrew Wyatt raises his fist as Bill Cosby exits the Montgomery County Courthouse after a mistrial was declared in Norristown, Pa., Saturday, June 17, 2017. Cosby's trial ended without a verdict after jurors failed to reach a unanimous decision. (AP Photo/Matt Rourke) © The Associated Press Andrew Wyatt raises his fist as Bill Cosby exits the Montgomery County Courthouse after a mistrial was declared in Norristown, Pa., Saturday, June 17, 2017. Cosby's trial ended without a verdict after jurors failed to reach a unanimous decision. (AP Photo/Matt Rourke)

Pennsylvania law allows the public release of jurors' names, but judges have discretion to keep them a secret under certain conditions.

Bill Cosby listens to his wife Camille's statement being read aloud by Ebonee M. Benson outside the Montgomery County Courthouse after a mistrial in his sexual assault case in Norristown, Pa., Saturday, June 17, 2017. Cosby's trial ended without a verdict after jurors failed to reach a unanimous decision. (AP Photo/Matt Rourke) © The Associated Press Bill Cosby listens to his wife Camille's statement being read aloud by Ebonee M. Benson outside the Montgomery County Courthouse after a mistrial in his sexual assault case in Norristown, Pa., Saturday, June 17, 2017. Cosby's trial ended without a verdict after jurors failed to reach a unanimous decision. (AP Photo/Matt Rourke)

Judge Steven O'Neill, who presided over the Cosby trial, has yet to rule on the release of the names.

He advised jurors when the trial ended Saturday that they didn't need to discuss the case.

"It can never be clearer that if you speak up, you could be chilling the justice system in the future if jurors are needed in this case," O'Neill told them.

Cosby, the actor and comedian once known as "America's Dad," was charged with three felony counts of aggravated indecent assault stemming from Andrea Constand's allegations that he drugged and violated her at his suburban Philadelphia home. He said the encounter was consensual.

It is not yet clear why jurors could not reach a verdict, or how close they came.

"We get 12 people to agree on sex assault cases all the time, but this is not any case. It's an old case, it's a controversial case, it's a case that involves questions of consent," said Loyola Law School professor Laurie Levenson.

In a retrial, District Attorney Kevin Steele could ask the judge to allow testimony from more of Cosby's 60 accusers, or to disclose to jurors that Constand is gay. That never came up in her seven hours of testimony. The defense had hoped, if it did, to introduce evidence she had previously dated a man.

"The key to retrying a case is to do it differently the second time because the defense expects you to do it the same way," said Constand's lawyer, Dolores Troiani.

Cosby remains free on $1 million bail in the criminal case. O'Neill could schedule the retrial within weeks.

The entertainer is also battling sexual battery or defamation cases still pending by 10 women in California and Massachusetts. Several of them attended the criminal trial with their lawyers.

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 stories about the trial, historical photos, videos and an audio series exploring the case, visit http://www.apnews.com/tag/CosbyonTrial.

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