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Deadlocked jury in Cosby trial wraps up for the night

Associated Press logo Associated Press 6/16/2017 By MARYCLAIRE DALE and MICHAEL R. SISAK, Associated Press
Bill Cosby leaves the Montgomery County Courthouse during his sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum) © The Associated Press Bill Cosby leaves the Montgomery County Courthouse during his sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

NORRISTOWN, Pa. (AP) — Four days after getting the case, deadlocked jurors in Bill Cosby's sexual assault trial struggled to end their impasse Thursday on charges he drugged and molested a woman in 2004, the prospect of a mistrial growing larger even as the judge directed them to keep talking.

Bill Cosby leaves the Montgomery County Courthouse during his sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum) © The Associated Press Bill Cosby leaves the Montgomery County Courthouse during his sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

Still undecided, they wrapped up after 9 p.m. and will resume their work Friday morning.

Bill Cosby leaves the Montgomery County Courthouse during his sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum) © The Associated Press Bill Cosby leaves the Montgomery County Courthouse during his sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

The jurors had deliberated about 30 hours before telling Judge Steven O'Neill they couldn't reach a unanimous decision on any of the counts against the 79-year-old comedian. The judge told them to try again for a verdict.

Bill Cosby arrives at the Montgomery County Courthouse during his sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum) © The Associated Press Bill Cosby arrives at the Montgomery County Courthouse during his sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

The sequestered panel of seven men and five women complied, pondering the charges for nine more hours before asking to go back to their hotel.

Bill Cosby arrives at the Montgomery County Courthouse during his sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum) © The Associated Press Bill Cosby arrives at the Montgomery County Courthouse during his sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

Jurors who have appeared stressed and even angry seemed more upbeat than on previous nights, despite enduring another marathon session in a case that has already helped torpedo Cosby's career and nice-guy reputation.

Bill Cosby arrives at the Montgomery County Courthouse during his sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum) © The Associated Press Bill Cosby arrives at the Montgomery County Courthouse during his sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

Several jurors smiled or nodded approvingly when the judge said they must be exhausted and should start fresh Friday.

Bill Cosby arrives at the Montgomery County Courthouse during his sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum) © The Associated Press Bill Cosby arrives at the Montgomery County Courthouse during his sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

"I thank you from the bottom of my heart for everything you have done," O'Neill told them.

Bill Cosby arrives at the Montgomery County Courthouse during his sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum) © The Associated Press Bill Cosby arrives at the Montgomery County Courthouse during his sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

Cosby left the courthouse shortly afterward.

Bill Cosby arrives at the Montgomery County Courthouse during his sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum) © The Associated Press Bill Cosby arrives at the Montgomery County Courthouse during his sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

The charges involve Cosby's sexual encounter with Andrea Constand, 44, at his suburban Philadelphia home. Constand says Cosby gave her pills that made her woozy, then violated her. His lawyer says Cosby and Constand were lovers sharing a consensual moment of intimacy.

Bill Cosby arrives for his sexual assault trial at the Montgomery County Courthouse, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum) © The Associated Press Bill Cosby arrives for his sexual assault trial at the Montgomery County Courthouse, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

Cosby's spokesman maintained the impasse showed that jurors doubted Constand's story.

Bill Cosby arrives for jury deliberations in his sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Thursday, June 15, 2017. (AP Photo/Matt Rourke) © The Associated Press Bill Cosby arrives for jury deliberations in his sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Thursday, June 15, 2017. (AP Photo/Matt Rourke)

"They're conflicted about the inconsistencies in Ms. Constand's testimony," spokesman Andrew Wyatt said. "And they're hearing Mr. C.'s testimony, and he's extremely truthful. And that's created this doubt."

Bill Cosby arrives for his sexual assault trial at the Montgomery County Courthouse, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum) © The Associated Press Bill Cosby arrives for his sexual assault trial at the Montgomery County Courthouse, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

Constand's lawyer, Dolores Troiani, said only that the "jury is apparently working very hard." The district attorney's office declined to comment.

Bill Cosby arrives for jury deliberations in his sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Thursday, June 15, 2017. (AP Photo/Matt Slocum) © The Associated Press Bill Cosby arrives for jury deliberations in his sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Thursday, June 15, 2017. (AP Photo/Matt Slocum)

Constand passed the time by shooting hoops in a hallway outside the district attorney's office. She tweeted a video that shows her shooting a mini-basketball into a net to the tune of "Sweet Georgia Brown," the theme song of the Harlem Globetrotters. It ended with a phrase scrolling down the screen reading: "ALWAYS FOLLOW THROUGH."

Andrea Constand exits the courtroom during jury deliberations in Bill Cosby's his sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Wednesday, June 14, 2017. Cosby is accused of drugging and sexually assaulting Constand at his home outside Philadelphia in 2004. (Mark Makela/Pool Photo via AP) © The Associated Press Andrea Constand exits the courtroom during jury deliberations in Bill Cosby's his sexual assault trial at the Montgomery County Courthouse in Norristown, Pa., Wednesday, June 14, 2017. Cosby is accused of drugging and sexually assaulting Constand at his home outside Philadelphia in 2004. (Mark Makela/Pool Photo via AP)

Constand won a national title with the University of Arizona and played in a pro league in Europe before landing a job with the Temple University women's basketball team. It was at Temple she met Cosby, a member of the board of trustees.

Bill Cosby stands in the Montgomery County Courthouse during jury deliberations in his sexual assault trial Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum) © The Associated Press Bill Cosby stands in the Montgomery County Courthouse during jury deliberations in his sexual assault trial Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

With the jury struggling to find common ground, some of the other women who have accused Cosby of sexual assault confronted sign-waving Cosby supporters gathered on the courthouse steps to await the outcome. But the atmosphere remained calm, with accusers and supporters even holding hands at times.

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Bill Cosby waves to people calling out to him as he walks from the Montgomery County Courthouse during his sexual assault trial in Norristown, Pa., Thursday, June 15, 2017. (AP Photo/Matt Rourke) © The Associated Press Bill Cosby waves to people calling out to him as he walks from the Montgomery County Courthouse during his sexual assault trial in Norristown, Pa., Thursday, June 15, 2017. (AP Photo/Matt Rourke)

Cosby's spokesman Wyatt invited a family of four supporters to meet with the comedian inside the courthouse Thursday night. Wyatt said he believed a chat with the couple and their 14-year-old son and 9-year-old daughter would brighten Cosby's spirits.

Bill Cosby waves as he leaves the Montgomery County Courthouse during his sexual assault trial Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum) © The Associated Press Bill Cosby waves as he leaves the Montgomery County Courthouse during his sexual assault trial Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

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

Bill Cosby shakes hands with his lawyer Brian McMonagle as they leave the Montgomery County Courthouse during Cosby's sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum) © The Associated Press Bill Cosby shakes hands with his lawyer Brian McMonagle as they leave the Montgomery County Courthouse during Cosby's sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

The 12-member jury 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 the TV star or drop the charges.

Bill Cosby leaves, center, the Montgomery County Courthouse during his sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum) © The Associated Press Bill Cosby leaves, center, the Montgomery County Courthouse during his sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

University of Pennsylvania law professor David Rudovsky, a criminal lawyer in Philadelphia, said Thursday that the jurors' inability to agree on a verdict didn't surprise him, given the nature of a case that boiled down to Cosby's word against his accuser's and the legal meaning of consent.

Bill Cosby shakes hands with his lawyer Brian McMonagle as they leave the Montgomery County Courthouse during Cosby's sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum) © The Associated Press Bill Cosby shakes hands with his lawyer Brian McMonagle as they leave the Montgomery County Courthouse during Cosby's sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa. (AP Photo/Matt Slocum)

He added a hung jury would be a victory for Cosby.

Bill Cosby, center, accompanied by his lawyer Brian McMonagle, walks from the Montgomery County Courthouse during his sexual assault trial in Norristown, Pa., Thursday, June 15, 2017. (AP Photo/Matt Rourke) © The Associated Press Bill Cosby, center, accompanied by his lawyer Brian McMonagle, walks from the Montgomery County Courthouse during his sexual assault trial in Norristown, Pa., Thursday, June 15, 2017. (AP Photo/Matt Rourke)
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"In most criminal cases, anything short of a conviction is a win for the defense," said Rudovsky, who isn't involved in the case. "It doesn't surprise me that this jury is split. The prosecution had a strong case, but the defense was able to show a lot of inconsistencies."

Bill Cosby leaves the Montgomery County Courthouse during his sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa. (Eduardo Munoz Alvarez/Pool Photo via AP) © The Associated Press Bill Cosby leaves the Montgomery County Courthouse during his sexual assault trial, Thursday, June 15, 2017, in Norristown, Pa. (Eduardo Munoz Alvarez/Pool Photo via AP)

The jurors have appeared increasingly tired and upset as deliberations dragged on for nearly 40 hours over four days. Some of them looked defeated as the judge sent them back to the jury room. One, more upbeat, nodded along.

The jury, bused in from the Pittsburgh area, has paused a half-dozen times to revisit key evidence, including Cosby's decade-old admissions that he fondled Constand after giving her pills.

Each of the three counts of aggravated indecent assault against Cosby carries a maximum 10-year prison term, though the counts could be merged at sentencing if he is convicted.

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

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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