National News

Why a Bill Cosby juror eventually thought he was guilty

Posted June 26

During 52 hours of grueling jury deliberations, Bobby Dugan kept changing his mind.

Guilty. Not guilty. Guilty.

But it was Bill Cosby's own words - back in 2005 -- that eventually led Dugan to believe the comedian was guilty of aggravated indecent assault, the juror told ABC's "Good Morning America."

"I think it was in the 2005 deposition, when they were asking him, 'Would you use the word consent?' he said, 'I wouldn't use that word,' " Dugan recalled in the interview that aired Monday.

"I was like, '(You) pretty much said it there yourself, man.' "

But not all the jurors agreed with him. A judge declared a mistrial after the jury deadlocked in the case involving Andrea Constand, the woman who accused Cosby of drugging and assaulting her.

Dugan said he believes if the jury had more evidence, the decision would have been much easier.

"We all said it a million times in the room," the 21-year-old said. "If there's other evidence, more substantial evidence, we would have had a better verdict than deadlocked."

Instead, frustrated jurors paced around during deliberations. Some became overwhelmed by the stress.

"The most intense moment, I think, was when there's about four people crying in the room," Dugan said.

Other jurors recalled their peers spontaneously bursting into tears.

And last week, a juror told CNN that on the first smoke break during jury deliberations, three jurors went out for a cigarette. By the final smoke break, seven people ventured out, including one juror who had been off cigarettes for 21 years.

"That's tense," he said.

The sticking point, that juror said, wasn't Constand's contradicting memory of exact dates -- it was the language of the charges.

For example, jurors had "reasonable doubt," but struggled with what "unreasonable doubt" would entail. Similarly, they had trouble determining if Cosby was reckless for "going upstairs and getting pills," the juror said.

"It didn't matter if it was January or March, or what the dates were, the fact that it happened, we accepted that. We accepted all that," said the juror, who spoke to CNN on condition of anonymity. "But we could not accept the way the charges were written."

But Dugan told "Good Morning America" that the lack of solid evidence led to the hung jury.

"It was all 'he said, she said.' What it really comes down to is, who are you going to believe more?"

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