One juror selected, 11 to go in Cosby retrial, with signs #MeToo will figure prominently

Updated: 5:45 p.m.

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More than half of the 120 potential jurors in Bill Cosby’s criminal retrial say they’ve already formed an opinion about whether the 80-year-old comedian is guilty of sexual assault.

Prosecutors and the defense team agreed on one juror, a white man who appears to be in his 20s. He was one of the few who said he was not aware of the sexual assault allegations lodged against Cosby.

One juror has been selected for Cosby’s retrial jury: a white male who appeared to be in his 20s and responded to all questions with one syllable answers. #CosbyTrial

— Laura Benshoff (@LEBenshoff) April 2, 2018

And all but one in the jury pool indicated that they are aware of the #MeToo movement that has caused scores of men to lose their jobs or reputations over sexual miscondect.

Notes from trying to impanel a jury for Bill Cosby’s sexual assault retrial: more than half of the 120 potential jurors indicated they already had an opinion about his guilt or innocence. Only one potential juror had never heard of the #MeToo movement. #CosbyTrial

— Laura Benshoff (@LEBenshoff) April 2, 2018

Judge asks 120 potential jurors how many have made up their mind about Bill Cosby’s guilt or innocence. Half the room raised their cards. When judge asked how many know about the #MeToo movement, everyone but one said they had. Only juror number 38 was unaware of the movement.

— Bobby Allyn (@BobbyAllyn) April 2, 2018

“Do you know about, or have any knowledge of, the #MeToo movement or allegations of sexual misconduct in the entertainment industry,” Judge Steven O’Neill asked the group.

As 119 of 120 raised the cards identifying them by number, it suggested that the current moment of women speaking out against abusive men will likely be playing a role in the courtroom as Cosby’s retrial unfolds.

During the selection process at the Montgomery County courthouse in Norristown Monday, O’Neill asked potential jurors other questions about their ability to assess the case fairly. He asked whether they inherently distrust members of law enforcement or if they — or someone they know — has been sexually assaulted.

Judge asked 120 suburban Philadelphia residents who are potential Bill Cosby jurors how many have been a victim or know someone who has been a victim of sexual assault 39 of them raise their cards.

— Bobby Allyn (@BobbyAllyn) April 2, 2018

O’Neill followed up with a handful of them about the way they answered. In the end, about two-thirds of those who came to the courthouse as potential Cosby jurors were excused from the monthlong criminal proceeding.
Click here to read an explainer on the upcoming retrial.

There is still a long way to go. Prosecutors and Cosby’s defense team must choose another 11 jurors and up to six alternates. O’Neill said he hopes this can be done before next Monday, when the court has scheduled opening statements.

On Tuesday morning, O’Neill said, he will issue four key rulings on evidence, including whether Cosby’s under oath statement about obtaining quaaludes for women he wanted to have sex with can be heard by the jury. There will also be an order on whether accuser Andrea Constand’s 2006 civil settlement will be presented to the panel.

After that, defense lawyers and prosecutors will continue to sift through potential jurors, hoping to seat 12 who can take in all the evidence without preconceived notions.

Lawyer Lisa Blue, a jury expert who has written extensively about the process in criminal trials, said sussing out hidden motivations among jurors will be challenging.

“The problem in a case like this is, when jurors think they can be on a case that can put them on Oprah, they’re less likely to say, ‘You know, I’ve already made up my mind,’ ” Blue said.

O’Neill said the jury will be sequestered in “a very nice hotel” for the duration of the trial, which is scheduled to begin on April 9.