Here’s What You Need To Know About Jury Selection In Bill Cosby’s Sexual Assault Trial

Growing up, Bill Cosby was a hero of mine.  He was all over the place, and he was successful in everything he did, from television shows like I Spy and Fat Albert And The Cosby Kids, to movies and Broadway, but he’ll never be forgotten because of his talents as a stand up comedian. In a world of comedic sludge Cosby was able to stay above the fray and not use foul and bombastic language while still giving his audiences belly laughs throughout his performances. He was a star, on top of the world.

This is why it was difficult for me to hear the stories about drug and molest, so many stories that fit the same pattern that it doesn’t take a court room with fancy talking lawyers and a judge and jury to change the court of public opinion. My childhood hero was ruined in my eyes. This pattern allegedly goes back to the 1960s.

And, so, here we are. A man so beloved by so many for so long now an old man trying to stay out of prison for his last remaining years on earth, and playing the race card since his case isn’t looking so good. It is still mind-boggling to this lifetime fan who wants to give the benefit of the doubt even though there doesn’t seem to be much doubt left in public opinion. Mr. Cosby, if you somehow convince a jury that you are innocent of the charges, please, sir, please, go off in the sunset and let us not hear from you again. Enjoy the rest of your life without trying to affect ours, because quite frankly you’ve done enough by ruining the image of a great career. Allegedly, of course.

Hundreds of potential jurors could be interviewed in Pittsburgh this week as a crucial phase of comedian Bill Cosby’s sex assault trial gets underway.

The jury must decide if the 79-year-old actor drugged and molested a Temple University women’s basketball team manager at his home near Philadelphia in 2004.

Trial consultant Howard Varinsky believes lawyers will be on guard for celebrity worshipers or jurors who may want to serve to write a book.

Cosby is expected to appear in court as jurors are questioned. His wife and daughters have not attended the pretrial hearings over the last 18 months, although his daughters believe he is being unfairly targeted and that race may play a role in what they call unfair attacks. Cosby says his wife has “never” wavered in her support.

Cosby calls the encounter with accuser Andrea Constand consensual. The felony charge carries a potential 10-year prison term, but Cosby also is focused on the court of public opinion. He told a talk radio host last week that he hopes to clear his name and resume his career as a writer and performer.

Cosby said he does not expect to testify because of fears he would misspeak.

Montgomery County Judge Steven O’Neill will sequester the jury during the estimated two-week trial because of the frenzied media coverage that is expected. Jurors will be about 300 miles (482 kilometers) from home, across the state in suburban Philadelphia.

The trial starts June 5. One other accuser will be allowed to testify for prosecutors who hope to show that Cosby’s encounter with Constand was not accidental but part of a broader pattern of sexual misconduct.

The Associated Press does not typically identify people who say they are sexual assault victims unless they grant permission, which Constand has done.

A run-down of what to expect as a dozen jurors and six alternates are selected:

Q: Why is the jury being picked in Pittsburgh?

A: Cosby’s lawyers sought an outside jury because the case had been a flash point in the 2015 race for Montgomery County district attorney. Former prosecutor Bruce Castor, the Republican candidate, had declined to charge Cosby a decade earlier. First Assistant District Attorney Kevin Steele, a Democrat whose office had reopened the case, attacked Castor over the Cosby case in campaign ads.

Q: What will it be like to serve on the jury?

A: In a rare move, the jury will be sequestered near the courthouse in Norristown, some 300 miles (482 kilometers) away from their homes. Court officers will keep close tabs on their cellphone use, TV time and reading material, given the huge media coverage the case will bring. The trial is expected to last about two weeks, but could go longer if rebuttal witnesses are called or the jury struggles to reach a verdict.

Q: What type of jurors will the defense seek?

A: The defense will likely seek jurors who are black, male, older and perhaps celebrity worshippers, in the view of jury consultant Howard Varinksy, who advised prosecutors in the murder trials of Scott Peterson, who was convicted of murdering his pregnant wife, Timothy McVeigh and others. Black jurors may be more willing to doubt police and prosecutors, while older jurors may blame the victim for being in the married Cosby’s home, he said. Celebrity worshippers may be sympathetic or try to form a connection to the star, relating to the fact they once saw them in a store or come from the same hometown or have children the same age.

Q: How about the prosecution?

A: Younger jurors may have more modern views of sexual assault cases, especially those, like Cosby’s, that involve acquaintance situations or a delay in contacting police. Varinsky expects about one in four jurors to say they or someone close to them has been the victim of a sexual assault. Those individuals would likely be dismissed by the judge.

Q: How much leeway does each side have to pick jurors?

A: Either side can ask the judge to strike a potential juror for cause, without it counting against them. That might include jurors who admit having a biased view of the case, or have a hardship — a medical condition, family obligation or financial or job situation — that prevents them from serving. After that, each side can strike seven jurors and three alternates without cause, simply because they sense they fear they would hurt their sides.

Q: Will the jurors be identified?

A: Judge Steven O’Neill plans to keep the jurors’ names private. However, the press will be covering the proceedings, reporting on both the nature of the arguments over jury selection and the willingness of people to serve in the high-profile case.

Q: What should I watch for?

A: Jurors too eager to serve in a celebrity case. Some may even hope to write a book afterward, if past cases are any indication.

Can the parties find 18 people without strong feelings about the case or Cosby’s career? Do they express fond memories of benevolent TV dad Cliff Huxtable or cartoon character Fat Albert? Or are they bitter about Cosby’s scolding of the young black community?

—Is the jury pool familiar with the scores of other Cosby accusers? Are people being truthful if they say they’re not, given the widespread media coverage?

—What’s the final breakdown in terms of men/women; old/young; black/white/other? gay/straight? (Cosby is 79, black, long-married, a father of five, American and a career entertainer. Trial accuser Andrea Constand is 43, white, single, gay, Canadian and a basketball professional-turned-massage therapist.)
—Will politics come into play, subtly or not? Given sex assault allegations raised against President Donald Trump, and his vulgar comments caught on tape about grabbing women, will lawyers try to glean the jurors’ political leanings?

Q: Will jurors hear from Cosby during the trial?

A: Cosby told an interviewer this past week that he does not expect to testify, given his fear of wading into trouble while trying to be truthful during cross-examination.

Read more at Time

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