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| Bill Cosby Trial: Jury Selection Gets Off to a Slow Start | Bill Cosby Trial: Jury Selection Gets Off to a Slow Start |
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| PITTSBURGH — The difficulty of finding 12 impartial jurors to weigh sexual assault charges against Bill Cosby was on full display as jury selection began here on Monday, when most of the potential jurors admitted to being aware of the blaze of publicity surrounding that entertainer in recent years, amid allegations by dozens of women. | PITTSBURGH — The difficulty of finding 12 impartial jurors to weigh sexual assault charges against Bill Cosby was on full display as jury selection began here on Monday, when most of the potential jurors admitted to being aware of the blaze of publicity surrounding that entertainer in recent years, amid allegations by dozens of women. |
| When asked by Judge Steven T. O’Neill if they had already formed an opinion about Mr. Cosby’s guilt or innocence, 34 of the first 100 potential jurors questioned raised the numbered cards used to identify them. When the judge asked if they had “heard, read or seen anything” about the case, more than 80 of the cards shot up. | When asked by Judge Steven T. O’Neill if they had already formed an opinion about Mr. Cosby’s guilt or innocence, 34 of the first 100 potential jurors questioned raised the numbered cards used to identify them. When the judge asked if they had “heard, read or seen anything” about the case, more than 80 of the cards shot up. |
| In addition, 67 jurors said it would impose a personal hardship on them to serve on the panel, sequestered, for a trial expected to last two weeks in June. | In addition, 67 jurors said it would impose a personal hardship on them to serve on the panel, sequestered, for a trial expected to last two weeks in June. |
| Nearly 17 months after Mr. Cosby was charged with the aggravated indecent assault of Andrea Constand at his home in suburban Philadelphia in 2004, Judge O’Neill and the lawyers in the case began the arduous process of choosing among potential jurors drawn from lists of registered voters and drivers in Allegheny County. | Nearly 17 months after Mr. Cosby was charged with the aggravated indecent assault of Andrea Constand at his home in suburban Philadelphia in 2004, Judge O’Neill and the lawyers in the case began the arduous process of choosing among potential jurors drawn from lists of registered voters and drivers in Allegheny County. |
| By midafternoon, three jurors had been selected: two men and one woman, all of them white. The defense had struck four using its peremptory challenges. | By midafternoon, three jurors had been selected: two men and one woman, all of them white. The defense had struck four using its peremptory challenges. |
| Mr. Cosby, 79, arrived at the Allegheny County Courthouse in Pittsburgh before 8 a.m., wearing a tan jacket, holding a cane and helped by an aide. He walked slowly through a courtyard in the middle of the building and declined to answer reporters’ questions. | Mr. Cosby, 79, arrived at the Allegheny County Courthouse in Pittsburgh before 8 a.m., wearing a tan jacket, holding a cane and helped by an aide. He walked slowly through a courtyard in the middle of the building and declined to answer reporters’ questions. |
| The jury pool is being drawn here because of concerns raised by Mr. Cosby’s defense team that it would be hard to find open-minded jurors in Montgomery County — near Philadelphia — where Mr. Cosby has a home and where the trial is scheduled to start on June 5 in Norristown. | The jury pool is being drawn here because of concerns raised by Mr. Cosby’s defense team that it would be hard to find open-minded jurors in Montgomery County — near Philadelphia — where Mr. Cosby has a home and where the trial is scheduled to start on June 5 in Norristown. |
| Mr. Cosby’s lawyers had requested instead a larger and more diverse jury pool drawn from Philadelphia or the Pittsburgh area. | Mr. Cosby’s lawyers had requested instead a larger and more diverse jury pool drawn from Philadelphia or the Pittsburgh area. |
| In the wood-paneled courtroom on the third floor of the courthouse, Judge O’Neill stressed the importance of the task before them, and the need to avoid outside views of the case. | In the wood-paneled courtroom on the third floor of the courthouse, Judge O’Neill stressed the importance of the task before them, and the need to avoid outside views of the case. |
| “We can’t invite others into this courtroom,” he said. | “We can’t invite others into this courtroom,” he said. |
| Among the issues that close observers of the trial are watching: Will the jury be dominated by African-Americans, who, Mr. Cosby’s lawyers may believe, could still hold affection for him after his decades as a major entertainer? About three-quarters of those in the initial jury pool were white, and none raised their cards when asked if they would be biased against Mr. Cosby because he is black. | |
| Will his lawyers seek to select older, married males, or people who share other similar characteristics to Mr. Cosby, such as economic or social status? | Will his lawyers seek to select older, married males, or people who share other similar characteristics to Mr. Cosby, such as economic or social status? |
| What will be the demeanor of Mr. Cosby, who has sat largely unnoticed during pretrial hearings but recently gave his first public interview in two years as his lawyers said they sought to change the public’s perception of him — the “optics” — as the trial nears? On Monday, he sat quietly in front of the rows of potential jurors, sometimes leaning back in his chair and rubbing his chin, most of the time staring straight ahead. | What will be the demeanor of Mr. Cosby, who has sat largely unnoticed during pretrial hearings but recently gave his first public interview in two years as his lawyers said they sought to change the public’s perception of him — the “optics” — as the trial nears? On Monday, he sat quietly in front of the rows of potential jurors, sometimes leaning back in his chair and rubbing his chin, most of the time staring straight ahead. |
| And how much freedom will Judge O’Neill allow Mr. Cosby’s lawyers as they try to discover potential jurors who have not already made up their minds — and possibly set out arguments that may give an inkling of the aggressive strategy they intend to pursue in the courtroom? | And how much freedom will Judge O’Neill allow Mr. Cosby’s lawyers as they try to discover potential jurors who have not already made up their minds — and possibly set out arguments that may give an inkling of the aggressive strategy they intend to pursue in the courtroom? |
| “It should be somewhat easier to obtain a jury in Pittsburgh,” said Dennis McAndrews, a Pennsylvania lawyer and former prosecutor who is not involved in the case. “The fundamental question is: Can you set aside what you have heard or read and decide the case solely on the facts as presented to you in this courtroom?” | |
| The Cosby story is hard to escape here, though. On Sunday night, television trucks were parked near the courthouse, ready for Monday’s proceedings, and The Pittsburgh Post-Gazette ran a front-page article on Sunday with the headline “Divided City Awaits Cosby.” An editorial in the newspaper a day earlier chastised Mr. Cosby for breaking his silence just ahead of jury selection, and in particular for his support of a statement by one of his daughters that racism may be behind the allegations made by many of the women. | The Cosby story is hard to escape here, though. On Sunday night, television trucks were parked near the courthouse, ready for Monday’s proceedings, and The Pittsburgh Post-Gazette ran a front-page article on Sunday with the headline “Divided City Awaits Cosby.” An editorial in the newspaper a day earlier chastised Mr. Cosby for breaking his silence just ahead of jury selection, and in particular for his support of a statement by one of his daughters that racism may be behind the allegations made by many of the women. |
| In proceedings that could take several days, Judge O’Neill and the lawyers will try to select 12 jurors, plus six alternates, who not only have been unmoved by the pretrial publicity but also are available to be bused 300 miles east to Norristown and sequestered for the duration of the trial. | In proceedings that could take several days, Judge O’Neill and the lawyers will try to select 12 jurors, plus six alternates, who not only have been unmoved by the pretrial publicity but also are available to be bused 300 miles east to Norristown and sequestered for the duration of the trial. |
| Foreseeing the difficulties of overcoming those factors, the court sent out a jury summons to a larger-than-usual pool: 2,934 people. | Foreseeing the difficulties of overcoming those factors, the court sent out a jury summons to a larger-than-usual pool: 2,934 people. |
| “It’s out of the ordinary due to the high-profile nature of the case,” said James Koval, director of communications for Pennsylvania courts, who said a more typical number is 150. | “It’s out of the ordinary due to the high-profile nature of the case,” said James Koval, director of communications for Pennsylvania courts, who said a more typical number is 150. |
| To expedite a selection process involving so many candidates, a questionnaire was sent out with each summons, including such questions as whether a candidate has been the victim of a crime or has religious beliefs that might prevent jury service. | To expedite a selection process involving so many candidates, a questionnaire was sent out with each summons, including such questions as whether a candidate has been the victim of a crime or has religious beliefs that might prevent jury service. |
| Answers will disqualify some candidates early on. | Answers will disqualify some candidates early on. |
| Representatives from at least 11 news media outlets will be in the courtroom, and more outside, for a case that has attracted intense international interest. | Representatives from at least 11 news media outlets will be in the courtroom, and more outside, for a case that has attracted intense international interest. |
| Judge O’Neill, of the Montgomery County Court of Common Pleas, is traveling to Allegheny County to supervise the jury selection. | Judge O’Neill, of the Montgomery County Court of Common Pleas, is traveling to Allegheny County to supervise the jury selection. |
| After leading the initial questioning, he may then allow prosecutors and Mr. Cosby’s lawyers to question individuals directly, legal experts said, with each side having the opportunity to make seven peremptory challenges, which generally allow lawyers to dismiss potential jurors without offering an explanation. They have a further three peremptory challenges for the six alternates. | After leading the initial questioning, he may then allow prosecutors and Mr. Cosby’s lawyers to question individuals directly, legal experts said, with each side having the opportunity to make seven peremptory challenges, which generally allow lawyers to dismiss potential jurors without offering an explanation. They have a further three peremptory challenges for the six alternates. |
| Some questions will be raised in open court, but at a juror’s request, only the lawyers and judge will hear answers to sensitive questions such as whether a juror has been sexually assaulted. | Some questions will be raised in open court, but at a juror’s request, only the lawyers and judge will hear answers to sensitive questions such as whether a juror has been sexually assaulted. |
| Once selected, the jurors will remain anonymous. | Once selected, the jurors will remain anonymous. |
| Mr. McAndrews said that he expected Judge O’Neill to move the questioning along briskly so that the process could be completed this week. | Mr. McAndrews said that he expected Judge O’Neill to move the questioning along briskly so that the process could be completed this week. |
| However, Stuart P. Slotnick, a defense lawyer not involved with the case and a former prosecutor, said Mr. Cosby’s team should be allowed to take its time to put the facts of the case before the potential jurors and advocate its position as much as Judge O’Neill will allow. | However, Stuart P. Slotnick, a defense lawyer not involved with the case and a former prosecutor, said Mr. Cosby’s team should be allowed to take its time to put the facts of the case before the potential jurors and advocate its position as much as Judge O’Neill will allow. |
| “In order for Bill Cosby to have a fair trial, which he is entitled to, he needs an impartial jury,” he said. “Unless you have a full and fair opportunity to speak with the juror, you don’t know if they have made up their mind.” | “In order for Bill Cosby to have a fair trial, which he is entitled to, he needs an impartial jury,” he said. “Unless you have a full and fair opportunity to speak with the juror, you don’t know if they have made up their mind.” |
| Ms. Constand, a former employee of Temple University in Philadelphia, first went to the police in 2005 with a complaint that Mr. Cosby had drugged and sexually assaulted her. Prosecutors declined to bring charges at the time. Since 2014, however, about 40 other women have come forward with similar allegations and, in 2015, deposition testimony was released in which Mr. Cosby disclosed that he had obtained quaaludes in an effort to have sex with women. Ms. Constand’s case was reopened, and Mr. Cosby was charged in December 2015. | Ms. Constand, a former employee of Temple University in Philadelphia, first went to the police in 2005 with a complaint that Mr. Cosby had drugged and sexually assaulted her. Prosecutors declined to bring charges at the time. Since 2014, however, about 40 other women have come forward with similar allegations and, in 2015, deposition testimony was released in which Mr. Cosby disclosed that he had obtained quaaludes in an effort to have sex with women. Ms. Constand’s case was reopened, and Mr. Cosby was charged in December 2015. |
| The months since then have involved a legal battle between prosecutors and Mr. Cosby’s lawyers, first over whether to have the charges thrown out, and then over the evidence that will be admitted at trial. Mr. Cosby says he gave Benadryl to Ms. Constand on the night in question and the sex was consensual. | The months since then have involved a legal battle between prosecutors and Mr. Cosby’s lawyers, first over whether to have the charges thrown out, and then over the evidence that will be admitted at trial. Mr. Cosby says he gave Benadryl to Ms. Constand on the night in question and the sex was consensual. |