Cosby alternate juror would've 'convicted based on the evidence'

The seven men and five women who were deadlocked at Bill Cosby’s sex assault trial were spookily silent during their bus ride back to Pittsburgh Saturday, a man who said he was one of the alternate jurors claimed.

“I thought there would be a lot of chatter on the bus ride home, and nobody wanted to talk about it. It was complete silence,” Mike McCloskey, 43, told radio station WDVE-FM in a phone interview on Monday.

“It was the craziest, eeriest bus ride I’ve ever taken,” McCloskey said.

The Pittsburgh resident said he and the other five alternate jurors were kept in a separate conference room while the main jury carried out their 52 hours of marathon deliberations.

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The alternates were told not to discuss the case because if one or more members on the main jury had to drop out for whatever reason, deliberations would start all over again with alternates joining the panel.

He said the sequestered jury took up the entire seventh floor of their hotel and had deputy sheriffs stationed near the exits.

“I would have probably convicted based on the evidence that I heard,” McCloskey said.

Accuser Andrea Constand (r.) walks along a hallway during deliberations in Bill Cosby's sexual assault trial.

Accuser Andrea Constand (r.) walks along a hallway during deliberations in Bill Cosby’s sexual assault trial.

(LUCAS JACKSON/REUTERS)

He expressed sympathy for Cosby’s chief accuser Andrea Constand.

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“She has to go through it all over again. And it’s really sad for her because literally she’s already gained money from before, so she has nothing really financially to gain out of this. She’s just looking for justice I believe,” he said.

Asked what evidence he found most compelling, McCloskey pointed to Cosby’s phone conversations with Constand’s mom, Gianna Constand.

In the calls, Cosby admitted to Gianna that he penetrated her daughter with his fingers in 2004 after giving her pills that he never identified by name.

“(It was) ridiculously creepy,” McCloskey told the radio station. “(Cosby) called himself a ‘dirty old man’ to her.”

McCloskey said he was particularly impressed with Gianna’s turn on the witness stand during the trial.

Montgomery County District Attorney Kevin Steele has vowed to retry the case as soon as possible.

Montgomery County District Attorney Kevin Steele has vowed to retry the case as soon as possible.

(CHARLES MOSTOLLER/REUTERS)

“She would have blown you away. She would have made you cry,” he said. “I’m sitting in this jury box, on the side of the jury, and I wanted to get up and clap for this lady. That’s how good she was.”

Cosby, 79, was charged with three counts of aggravated indecent assault for drugging and sexually assaulting Constand, 44, without her consent. Each charge carries a punishment of up to 10 years in prison.

The comedian claims the pills he gave Constand were broken Benadryl tablets and that the sexual contact inside his suburban Philadelphia mansion was consensual.

Constand sued Cosby in 2005 and settled with him privately.

Montgomery County District Attorney Kevin Steele has vowed to retry the case as soon as possible.

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