Bill Cosby judge to rule on whether to release juror names

The Pennsylvania judge who presided over Bill Cosby's sexual assault trial is releasing the identities of the jurors who deadlocked in the case.

The juror said all but one juror wanted to acquit Cosby on the other count, alleging Constand was unconscious or semi-conscious at the time and could not give consent.

On Wednesday, the judge ruled that the jurors' names should be made public.

An alternate juror from Pittsburgh said Monday he would have probably voted to convict Cosby.

Just a few days after a mistrial was declared in the Bill Cosby sexual-assault trial, his accuser is speaking out.

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"If a juror were to be asked about deliberations and there were to be press coverage about those deliberations, I don't see what marginal difference that would make given that the prosecution and the defense have spoken publicly about this case, including evidence that was not heard in court", said Eli Segal of Pepper Hamilton LLP, who represented the media companies at Tuesday's hearing.

Other jurors declined to comment. Rape is easier for juries to believe when assaults are committed by a stranger who jumps out of some bushes with a gun or knife, not with "three blue pills", as Constand testified Cosby gave her one night in 2004. Prosecutors plan to try Cosby again on charges he drugged and molested a woman in 2004, charges Cosby denies.

The guidelines from Judge Steven T. O'Neill seemed created to greatly limit what jurors could reveal in media interviews. "Never. Not once. If somebody would mention something, we would cut them off".

"We're entitled to them".

Cosby remains free on bail and still faces three counts of aggravated indecent assault, each carrying a guideline sentence of five to 10 years in prison.

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"There was no budging" after the first deadlock, the juror told ABC News, "and there was none from there on out". Cosby's trial ended without a verdict after jurors failed to reach a unanimous decision.

Pennsylvania law considers the identities of jurors to be public information but grants judges discretion to keep them under wraps under certain conditions. "That did not happen here", he said.

The juror who spoke to ABC said tensions were high as deliberations wore on in a cramped back room. An Allegheny County sheriff's deputy barred media access to the jury members when they arrived at the East Busway's Penn Station. They were just literally walking in circles where they were standing because they were losing their minds. "People would just start crying out of nowhere, we wouldn't even be talking about [the case] - and people would just start crying".

In fact, the situation grew so tense that one male juror punched a concrete wall out of frustration.

"I think he broke his pinky knuckle", the juror said. "We are entitled to them". Media organizations including The Associated Press urged a judge to release them, saying the public has an interest in "confirming that the outcome of the first trial was the result of an impartial process".

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"Appellate courts are loath to start second guessing what jurors could have, or might have done".

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