Why Bill Cosby has an advantage in retrial

Advantage Cosby.

The deadlocked jury in Bill Cosby’s sexual assault case will likely give his legal defense an edge in an expected retrial, according to a legal expert.

“The prosecution had to show all of its cards,” Wesley Oliver, criminal justice program director at Duquesne University Law School in Pittsburgh, told the Daily News.

Cosby, 79, the comedian once known as “America’s Dad,” didn’t testify during the trial in Norristown, Pa.

Bill Cosby sexual assault case ends in mistrial

Montgomery County District Attorney Kevin Steele speaks to the media after Bill Cosby's sexual assault trial was declared a mistrial due to a deadlocked jury in Norristown, Pa. on Saturday.

Montgomery County District Attorney Kevin Steele speaks to the media after Bill Cosby’s sexual assault trial was declared a mistrial due to a deadlocked jury in Norristown, Pa. on Saturday.

(CHARLES MOSTOLLER)

“If Cosby had testified, I would say that benefits the prosecution, but there’s nothing there they can comb through,” Oliver said.

Cosby previously said under oath that he got several prescriptions for quaaludes in the 1970s to give to drug women before having sex with them.

But he maintained he only gave accuser Andrea Constand three half-tablets of Benadryl to help her relax. Afterward, he says the two had consensual sex inside his home.

Front page of the New York Daily News for June 18, 2017

Front page of the New York Daily News for June 18, 2017

(New York Daily News)

More than 50 other women have publicly accused the comedian of sexual assault.

Cosby accusers say they’re ready for a retrial: ‘This isn’t over’

The prosecution wanted to call 13 of those accusers to prove a pattern that corroborated Constand’s claims. But Montgomery County Judge Steven O’Neill only allowed one, Kelly Johnson.

“If the court does revisit that issue, that’s a whole new game,” said Oliver, who followed the case closely. “If you have more accusers, it’s a very different story.”

Bill Cosby accuser Andrea Constand leaves after the judge declared a mistrial on Satruday.

Bill Cosby accuser Andrea Constand leaves after the judge declared a mistrial on Satruday.

(POOL/REUTERS)

The deadlocked jury deliberated for 52 hours over six days before giving up.

District Attorney Kevin Steele said Friday he would push for a retrial as soon as possible, reassess the case and possibly make some “tweaks.”

Still, Cosby’s team believes the case is bunk, and retrying it would be unfair to the celebrity due to his failing health.

“I have been greatly concerned for his health, I don’t know if I can survive what he survived this week,” Cosby’s lawyer, Brian McMonagle, told CNN. “It was difficult for me, and I have no idea how he managed to sit in a room and endure while strangers were deciding his destiny and his fate.”

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