Bill Cosby's retrial expected to begin on Nov. 6
A jury failed to reach a unanimous verdict during the comedian's first trial.
— -- Bill Cosby will be re-tried in Norristown, Pennsylvania, for alleged sexual assault beginning on Nov. 6, according to paperwork obtained by ABC News.
Judge Steven O'Neill, who oversaw the first trial, also ordered attorneys to submit jury selection questions and instructions no later than Oct. 30.
Pre-trial conference and any other necessary hearings will be ordered separately.
Cosby, 79, was charged more than a year ago for allegedly sexually assaulting former Temple University staffer Andrea Constand in 2004. He pleaded not guilty. According to Constand, who testified for seven hours during the first trial, Cosby gave her pills that rendered her unable to stop his advances, though she said she tried.
“In my head, I was trying to get my hands to move or my legs to move, but I was frozen and those [mental] messages didn’t get there," she said. "I was very limp, so I wasn’t able to fight him anyway. I wanted it to stop.”
The comedian did not testify during the trial, though portions of a deposition he gave in 2005 and 2006 for a civil lawsuit filed by Constand were read aloud. (The lawsuit was settled confidentially and sealed in 2006.) Cosby claimed in that testimony that he gave Benadryl to Constand to relax her, and then they had a consensual sexual encounter.
“I don’t hear her say anything. And I don’t feel her say anything," he said. "And so I continue and I go into the area that is somewhere between permission and rejection. I am not stopped."
After more than 50 hours of deliberation, the seven men and five women who were selected to serve on the jury were unable to render a unanimous verdict and Judge O'Neill declared a mistrial on June 17. One juror, who spoke on the condition of anonymity, told ABC News that at one point, 10 out of 12 jurors agreed that Cosby was guilty on two counts. However, that juror also said that on count one, which alleged Cosby sexually assaulted Constand, and count three, which alleged Cosby gave her an intoxicant that impaired her for the purpose of preventing resistance, the two jurors who never voted to convict were "not moving, no matter what."
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