Southeastern PA

Bill Cosby's legal saga continues

VIDEO Bill Cosby's legal saga continues

NORRISTOWN, Pa. - A mistrial over the weekend doesn't close the book on Bill Cosby's sexual assault case.

Following a deadlocked jury rendering a mistrial, Montgomery County District Attorney Kevin Steele promised he would retry the 79-year-old comedian.

The decision is prompting reaction from the legal community.

"In my experience, the retrials after a hung jury or mistrial generally favor the commonwealth in terms of a conviction," said former Lehigh County prosecutor Gavin Holihan.

Surely Steele hopes that proves true in his experience too.

Holihan said the benefit for prosecutors is hindsight and a chance to react to it.

"Whether it's their theory, the manner they presented it, or this case, quite likely, the jury they picked," Holihan said.

Neither side knows what the jury break down was and they may never get that info.

What is up for grabs next go around though is an entire week's worth of testimony.

Defense lawyer Phil Lauer said Cosby's attorneys are sure to use to their advantage.

"It doesn't get any better than that as far as what happens the next case," Lauer said.

The defense made a big point of finding discrepancies in Andrea Constand's story.

Now, they'll have another shot at looking for even more inconsistency after she testified for two days about the 2004 night she says Cosby gave her pills and molested her at his Cheltenham home.

"In addition to what she may have said years ago, they now have a complete record, under oath of direct examination, cross examination," Lauer said.

But there's a caveat.

"The other side has now heard your entire defense and can take time to respond to that defense," Lauer said.

Experts say jury selection is even more crucial now.

The trial will happen in the near future. The judge said Saturday he wants to make it happen in the next 120 days.

Already, prosecutors are trying to stop juror names from going public.  There's a hearing on that Tuesday in Norristown.


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