Having started around 9 AM ET this morning in the Norristown, PA, courthouse, the sequestered jury of seven men and five women have concluded for the day their pondering of the three felony charges of second-degree aggravated indecent assault Cosby faces. If found guilty of the alleged drugging and sexual assault of the then-Temple University employee at his Philadelphia-area mansion, the 79-year-old could face more than 10 years behind bars.
While admitting in a 2005 deposition he gave Constand several blue Benadryl pills that night in January 2004, Cosby has always said the incident was consensual.
Tuesday’s deliberations follow the approximately four hours the jury spent weighing the case Monday after the defense wrapped and Judge Steven O’Neill provided instructions at the end of the weeklong trial that started June 5. Although the jury was behind closed doors for most of today, they did come out with three questions — adding to their one inquiry of Monday.
Right off the bat Tuesday, jurors wanted to look over statements Constand made to police in 2005. O’Neill also read to them for about 45 minutes from Cosby’s 2005 deposition in Constand’s civil case again, from the portions that focused on that night more than 13 years ago and the sequence of events. Obviously there is a bit of tea-leaves-reading here, but it does seem like the jurors are focusing on potential inconsistencies in Constand’s story – something defense attorney Brian McMonagle pushed hard in his closing argument Monday.
Later in the day, jurors had another question of clarification in wanting to know what the phrase “without her knowledge” meant. Interestingly, O’Neill responded he couldn’t define the phrase for them. The three charges Cosby is accused of break down to assaulting an unconscious victim, lack of consent, and giving the victim an intoxicating drug.
The third felony count Cosby is charged with addresses the pills, identified in the trial as Benadryl, that the actor gave Constand that night in his home. Constand and prosecutors claim the effects of the pills left her unable “to fight him” as Cosby allegedly molested her.
In the afternoon Tuesday, the jury asked to be read the testimony of Detective David Mason, the Toronto-area police officer who took Constand’s first statement in the matter in early 2005 soon after she told her family of the incident. Called by the prosecution, Mason took the stand on the second day of the trial June 6, detailing what she Constand said happened at Cosby’s home in, how she was given “three pills,” and the effect they quickly had on her.
However — and this may have been something the jury wanted to hear again — under cross-examination from McMonagle last week, Mason said Constand did not reveal to him or the other officer in the room that she had other incidents of intimate contact with Cosby. That was something she stated in later interviews and on the stand on June 6-7.
As Cosby, his entourage and lawyers waited in the courthouse Philadelphia suburb Tuesday, Constand and several police officers who worked the case were also close by awaiting a verdict.