Bill Cosby Trial - A Deeper Look

In 2004, Bill Cosby allegedly invited Andrea Constand to his Montgomery County, PA home. There, she contends that Bill Cosby gave her a drug that rendered her paralyzed. Bill Cosby's defense team avers that Mr. Cosby only provided her Benadryl, and that they proceeded to have consensual sex.

Jurors sitting in a deliberation room, as of the time of this posting, are trying to decide who to believe. They were instructed by a Judge as to the applicable law. They were told that they needed at least proof beyond a reasonable doubt before they could convict Mr. Cosby. They were probably bored half to death as Attorneys from both the prosecution and defense made compelling arguments as to why the evidence does, or does not, meet that burden.

But what, ultimately, will be the deciding factors for the jurors? As an experienced criminal defense attorney, even I can only begin to speculate. It's important to realize that what occurs during a jury deliberation room is protected from inquiry by outside parties. It is even a crime, on the books, to eavesdrop on jurors.

Twelve people are in a room. They are aided by six days of testimony, argument, and recitation of the law. Ultimately, they could decide to find Mr. Cosby guilty or innocent based on anything. They could absolutely disregard the law, or the facts presented them. In fact, the jurors could decide during deliberations that they believed Bill Cosby drugged and raped Ms. Costand, but decide to acquit him because they believe she deserved it. Or they really liked the Cosby show. They could also decide to convict Mr. Cosby because they thought he "seemed kinda guilty."

It is the sacred tradition of the United States Criminal Justice system that jurors be allowed to make these decisions. It is not perfect, but it's what our constitution demands (a Defendant may request a judge make a decision in the case, but in contentious factual disputes, this is rarely a good decision). However, realizing how flawed that system is will help you understand that no matter the outcome of Bill Cosby's trial, ultimately he is being judged by 12 random individuals from near Pittsburgh (the jurors were not selected from Montgomery County), making what they believe to be the best unanimous decision that they can muster.

What really happened in 2004, at Bill Cosby's estate, will never be truly answered.

About the Author: Christopher Koschier, Esq is a Criminal Defense Attorney living and working in Montgomery County, PA. If you wish to reach him, his website is http://duckjail.com .