The decision comes days after the jury—which consisted of five women and seven men—failed to make a unanimous decision on whether to convict Cosby for alleged sexual assault. Cosby, 79, has pleaded not guilty to three counts of felony aggravated indecent assault.
The Huffington Post reported that, after more than 52 hours of deliberation, the jurors told the judge that they were unable to reach a unanimous decision.
During the week-long trial, the jury heard a detective’s testimony and parts of a deposition from Andrea Constand‘s civil lawsuit, ABC News reported. Constand, her mother, and another accuser testified in court last week.
“In my head I was trying to get my hands to move or my legs to move, but I was frozen and those [mental] messages didn’t get there and I was very limp, so I wasn’t able to fight him,” Constand testified.
Cosby did not take the stand in his defense. ABC News reported that his wife, Camille Cosby, was present for the first time in court during the trial on Monday. Following the judge’s decision, she released a statement saying it was a “manifestation of justice, based on facts, not lies,” according to ABC News.
Montgomery County district attorney Kevin R. Steele, says that he will retry the case.