Prosecutors vow to retry Bill Cosby after sexual assault case ends in mistrial

• Jury unable to reach consensus on three counts of aggravated indecent assault

• Constand lawyers say trial gave ‘voice to the many victims’

Bill Cosby’s sexual assault case ended in a mistrial on Saturday, with jurors reporting hopeless deadlock over charges that the comedian drugged and violated a woman in 2004. Montgomery County district attorney Kevin Steele immediately said prosecutors would seek to retry Cosby on the same charges. They will have 120 days to do so.

After deliberating for more than 52 hours since Monday, a weary panel told Judge Steven T O’Neill that they could not reach consensus against the 79-year-old, who faced three counts of aggravated indecent assault, each carrying a possible 10-year prison term.

In a press conference, Steele said Cosby’s accuser, Andrea Constand, was “entitled to a verdict” and said his team would “push forward and try to get … justice done”. Asked if he would consider a lesser charge, Steele said: “The charges are what they are.”

Lawyers for Constand issued a statement on her behalf which said the trial had “given a voice to the many victims who felt powerless and silenced”.

Outside the courthouse, Cosby stood with head bowed as his publicist and attorneys made statements over shouted questions from waiting media.

“As we look up, I see the rain coming down, and it reminds me of what my grandmother used to say,” said Cosby publicist Andrew Wyatt in the first of many remarks touched by hyperbole. “These are God’s tears. And this is the day that the Lord has made America trust again.”

Cosby’s legal team focused angrily on the decision to bring the case to trial. Attorney Angela Agrusa said: “This is what happens: juries are stuck when a prosecutor seeks to put someone in prison for things that are simply not presented in a courtroom. The jury stuck to what they were asked to do, that is to review the evidence before them, and there simply wasn’t enough.”

A representative of Wyatt’s PR firm then read a statement from Camille Cosby, Bill Cosby’s wife.

“How do I describe the district attorney?” she said. “Heinously and exploitatively ambitious. How do I describe the judge? Overtly arrogant and collaborating with the district attorney. How do I describe the counsels for the accusers? Totally unethical.

“How do I describe many but not all general media? Blatantly vicious entities that continually disseminated intentional omissions of truth, to the primary purpose of selling sensationalism at the expense of a human life.

“Historically, people have challenged injustices. I am grateful to any of the jurors who tenaciously fought to review the evidence, which is the rightful way to reach a sound decision. Ultimately that is a manifestation of justice based on facts not lies.”

Concluding, Wyatt said: “Mr Cosby’s power is back. It’s back. He has been restored.”

Gloria Allred, a lawyer representing 33 women who allege assault by Cosby, said outside court: “We can never underestimate the blinding power of celebrity, but justice will come.”

In his press conference, Steele said he was satisfied with the case his team had presented and added that they would “evaluate and review our case, we will take a hard look at everything involved, and then we will retry it”.

There were “good outcomes” to the mistrial, he said, including that Constand and another witness had faced the accused in court.

“Too often these types of crimes, sexual assaults, do not get reported, particularly where a drug has been used,” he said.

Steele added: “The other part that is important is standing up for sexual assault victims. This is a case that we know has been important for sexual assault victims everywhere. Andrea Constand has shown such courage through this. We are in awe of what she has done and moved forward in this case. She’s entitled to a verdict in this case … and we will push forward and try to get that done and get justice done.”

He declined to comment on the statement issued in the name of Camille Cosby.

This was the only criminal trial Cosby has endured despite accusations from nearly 60 women that he sexually assaulted or raped them, often with the aid of drugs.

As the prosecution prepares to retry the case, Cosby and those around him will waste no time touting its weaknesses. On Thursday, just after the first reports of deadlock, Wyatt said the jury was “conflicted about the inconsistencies in Ms Constand’s testimony. And they’re hearing Mr C’s testimony and he’s extremely truthful. And that’s created this doubt.”

Cosby remains free on bond. Constand, a former friend and mentee, accuses him of giving her pills that left her “frozen” and unable to resist as he fondled her and assaulted her with his fingers.

Constand first accused Cosby in 2005, alleging that the assault had taken place the year before. But it would take a series of broad shifts – in the public’s perception of Cosby and his many accusers, and in the makeup of the prosecutor’s office – before he was charged with a crime, more than 11 years later.

By that time, Constand had sued Cosby in civil court, where he admitted in a deposition to using quaaludes in order to obtain sex, consensually, from young women, before settling out of court for an undisclosed amount. That deposition was among several key pieces of testimony the jury asked to revisit.

On Thursday, just before noon, they reported to the judge that they had reached an impasse. O’Neill asked them to try again to reach a verdict, which under Pennsylvania law must be unanimous.