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 almost three hours.
Cosby faces three counts of aggravated indecent assault against Constand, who accused the 80-year-old of drugging and molesting her at his home in 2004.
The judge says he doesn't believe the prosecution had any "discriminatory intent" but halted Wednesday's proceeding to read a defense brief.
Prosecutors pushed back, noting two blacks have been already been seated as jurors.
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.
A new group of potential jurors summoned to Bill Cosby's sexual assault retrial is proving more opinionated and less willing to serve than the panel that produced seven jurors over the last two days.
"This is about whether you believe the victim or not, and the events of the previous year certainly make the case harder for Cosby", Philadelphia criminal lawyer Alan J. Tauber, who isn't involved in the case, told The Associated Press.
"I could try. I mean, it's still in my head", she explained, before eventually agreeing.
Although Montgomery County's population is 10% black, the jury pool has not reflected the demographics of this Philadelphia suburb.
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While more than 60 women have come forward over the years to accuse the man once affectionately known as "America's Dad" of sexual misconduct, Constand's allegations are the only ones that brought a criminal case against Cosby. A third batch of 120 potential jurors was also called to the courthouse in suburban Philadelphia. But on one specific visit to his home in 2004, Cosby gave her "three blue pills" that blurred her vision and made her feel as though she was "in and out" [of consciousness], according to court documents. He then feigned a glance behind her, as if looking for a tail. He has denied the claims and said any sexual encounters he ever had with women were consensual.
Embattled comedian Billy Cosby is back in court as his sexual assault retrial is scheduled to begin later this month.
O'Neill granted the Cosby' team's request to call a woman who says Constand talked about framing a celebrity before she lodged allegations against him in 2005.
This settlement amount has never been disclosed to the public, but Montgomery County Court of Common Pleas Judge Steven T. O'Neill ruled on Tuesday that the amount and details of the settlement agreement will be allowed in the trial.
The AP does not typically identify people who say they are victims of sexual assault unless they grant permission, which Constand has done.
His accuser's attorney says that the woman, Marguerite Jackson, is "not telling the truth".
Cosby's defense has laid out their plan to portray the accuser as a greedy liar who framed the comedian to get rich. In the first trial, they could only call one.
The county's jury questionnaire asks prospective jurors to self-identity their race to "help the court to monitor the juror selection process to avoid discrimination". The camera showed the judge, prosecutors and defence lawyers, but not potential jurors who were being questioned as a group. The judge refused to make room in the crowded courtroom for a pool reporter, however he said if the jury pool did not fill the room to capacity, he'd allow reporters to attend live.