Bill Cosby Jury Selection Resumes After Delay Over “Racial Animus” Claims

Bill Cosby Jury Selection Resumes After Delay Over “Racial Animus” Claims

An accusation of “racial animus” from Bill Cosby’s defense team against the prosecution halted the third day of jury selection for the comedian’s sexual assault trial for nearly three hours.

Related
Bill Cosby Retrial: Rulings Favor Defense As Jury Selection Extended

The saga began this morning at the Montgomery County Courthouse here in Norristown, PA, after a middle-aged black woman was dismissed as a potential juror by prosecutors. Kathleen Bliss, one of Cosby’s attorneys, challenged her dismissal as being based on her race.

After interviews with jurors were delayed and Judge Steven O’Neill said a separate hearing might be required, Cosby’s attorneys relented and agreed to move forward with jury selection.

The woman was the only African-American to be individually interviewed from the second pool of 120 prospective jurors. “She’s the only African-American left,” Bliss said. “The defendant, who faces the rest of his life in jail, is an African-American.”

When Bliss made her argument, citing previous case laws, she concluded by saying that after the juror had been dismissed, a member of the defense team heard a member of the prosecution make a remark indicative of racism. O’Neill didn’t let Bliss say what the remark was in front of the media and public assembled in the courtroom and had the attorneys discuss it in a private conference.

Bliss insisted the remark needed to be on the record and used as evidence for the defense’s claim the prosecution struck the black woman who was a potential juror because of her race. “You can’t take spots off the leopard,” Bliss said. “It was racial animus that can’t be undone.”

Montgomery County District Attorney Kevin Steele said the defense’s argument was “not being done for the court but for the media behind us.” On Tuesday, Cosby’s defense challenged the prosecution’s dismissal of two older white men based on their age, gender and race. O’Neill threw out the challenge.

Related#MeToo Front And Center As Bill Cosby Retrial Jury Selection Begins

A black man and black woman have been chosen for the jury over the past two days, joining six white men and women who have been selected so far. “We have gladly taken both of these very responsible people,” Steele said. “They are on our jury panel.”

Although Montgomery County’s population is 10% black, the jury pool has not reflected the demographics of this Philadelphia suburb. Out of 240 potential jurors brought into the courtroom for group interviews this week, just 10 have been black (4%). Seven were dismissed after agreement between the defense and prosecution. Three have been interviewed as individuals, and two were selected for the jury.

Cosby is being tried on charges that he drugged and sexually assaulted Andrea Constand, a former Temple University employee, at his Philadelphia-area home in 2004. O’Neill declared a mistrial last summer after jurors failed to reach a verdict in the case.