After almost 40 hours of deliberations in Bill Cosby's sexual assault trial, Judge Steven O'Neill sent jurors home at 9 p.m.
If found partially guilty, the prosecution could try for a retrial; however, if the jury comes out and says definitively that Cosby isn't guilty of certain counts, his defense could block retrials on those counts, meaning that the prosecution would have to come up with a new angle.
Referring to the "emotional and physical toll" of the trial on Cosby, Wyatt said the judge should declare a mistrial since the jury has already exceeded Montgomery County record for deliberations.
The jury's note, delivered a few minutes after 11 a.m. on Thursday, raised the possibility that the closely watched case might end in a mistrial, leaving it to prosecutors to decide whether to seek a retrial.
Constand testified last week that she was paralyzed by the pills and unable to fight Cosby off.
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.
The 12-person jury is made up of six white men, four white women, one black man and one black woman.
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Constand denies there was any romance between them and told jurors she had rebuffed his advances before the assault. She read a prayer before telling Cosby's supporters what she says he did to her.
They had listened to Andrea Constand testify that Cosby gave her what he initially claimed were "herbal pills" to "take the edge off" - the pills turned out to be prescription sedatives - and then assaulted her while she was incapacitated.
As court proceeding came to a close Thursday, the jury forewoman said the members could not reach "a unanimous consensus on any" charges against Cosby.
The three charges accuse Cosby of assaulting Andrea Constand without her consent, assaulting her when she was unconscious and assaulting her using drugs to substantially impair her ability to consent.
After several days of deliberations, the jury could not come to a unanimous agreement. Each charge carries a possible 10-year sentence.
There's also no rule on how many times the judge can send them back to deliberate again, so he may keep pushing them. Cosby's publicist came outside and declared the deadlock a "victory", while others cautioned that the outcome of the trial is still far from clear. He says he gave her an over-over-the-counter cold and allergy medicine to help her relax and that the encounter was consensual.
Furthermore, according to our source - a number of jurors told the judge that they wanted to make a trip to Target for toiletries as they'll be here for a while.
The Associated Press does not typically identify people who say they are victims of sexual assault unless they grant permission, which Constand has done.