his attorney, brian mcmonagle argued that his 2004 sexual endowner was consensual. and while cosby had been unfaithful to his wife, he did not commit a crime. >> mr. cosby is very confident. he's confident in his legal team. brian mcmonagle, he was like a surgeon today. >> reporter: last week, constand described that cosby gave her three blue pills and then sexual assaulted her as she laid paralyzed and half conscious in his cheltenham home in 2004. brian mcmonagle pointed out inconsistencies in her story. >> multiple times when you're drugged, why come back and see a man? come on, people. gao the to see this. >> reporter: of course, the defense always wants to put everyone else on trial. the accusers of mr. cosby, everybody on trial except their own client. >> reporter: of note, camille cosby did not return to the courtroom this afternoon to hear the prosecution's closing in case. we just hearned sheriff deputies are ordering dinner for the jurors. that would seem to indicate they may be moving forward and start deliberating. it could be a long night ahead here at

his attorney, brian mcmonagle, told the jury that the comedian and constand were actually lovers who enjoyed secret romantic interludes and while cosby may have been unfaithful, he didn't commit a crime. as couldby spokesperson. >> no matter what this d.568 or judge try to do to distort the truth, mr. cosby will prevail. i'm pretty sure those jurors -- i have confidence that they see the truth. >> reporter: with constand in the courtroom, brian mcmonagle pointed out inkiss feanses in her story and detailed dozen of times she contactled cosby after the alleged assault. >> why come back and see a man multiple times when you're drugged? come on, people. you got to see this. >> reporter: constand, a 44-year-old former temple employee, testified last week that cosby gave her three blue pills and then assaulted her while she lay paralyzed. district attorney kevin steele told the jury that fancy lawyering can't save cosby from his own admission in a previous deposition. >> under oath in the civil deposition about his admission that he provides quaaludes or did to young women with the intent

before the judge even heard the jury's question though cosby month attorney brian mcmonagle object and move once against for mistrial saying the jury said it was deadlocked two days ago. but judge o'neill told jurors based on their questions he can see they are actively working through the case and that he has no intentions of disrupting the deliberating process as the 12 hour day wrapped up bill cosby walk outside the courthouse and addressed the crowd. he spoke directly to his supporters and to the jurors on the case. >> i just want to wish all of the fathers a happy father's day, and i want to thank the jury for their long days. honest work individually. i also want to thank the supporters who have been here and please to the supporters, stay calm. do not argue with people. just keep up the great support. >> earlier in the day, yesterday jurors will other questions they specifically asked about cosbyss 2006 deposition where he testified about quaaludes and now banned party drug. cosby said in the '70's he got seven prescriptions for the powerful sedative to give them to women he wan

. >> reporter: cosby lead attorney brian mcmonagle quoted the rolling stones, you can't always get whatimes you get what you need. and what they'll need to do now is get ready for another trial. the judge said he wants to start retrial win 120 days. district attorney kevin steele says cosby' as kuser is willing to go through another trial and testify again. >> she's entitled to a verdict in this case, and the citizens of montgomery county, where this crime occurred, are entitled to a verdict in this case and we will push forward to try to get that done and get justice done. >> they should not have this man back in here again over and over for the same nonsense. >> reporter: only one other cosby accuser besides constand was allowed to testify in this trial. and so just two cosby accusers could not convince 12 cosby jurors and for the others waiting so long for justice they say it hurt terrible toll see cosby walk away getting wet from the rain and not getting convicted. >> he is still on bail. he has not gotten off the hook and he will be retried and we'll be here to see it. >> reporter:

defense attorney brian mcmonagle told the judge the jury said it was deadlocked two days ago with 36 hours of trial time and 52 hours of deliberatio by. but the judge said there was in in fact no reason to declare he fact he said he didn't are the authority because the jury is still working the judge said the jury is still deliberating he's going to see that process through. it picks up again tomorrow morning at 9:00 a.m. when this ends, well, we don't know just yet. dawn? >> all right. thank you. >>> fox 29 has been your source throughout the cosby trial again we'll be back at it bright and early tomorrow morning you can watch our live coverage starring at 7am on "good day philadelphia" weekend. >>> now to a developing story out of japan. seven crew members are missing after a u.s. navy destroyer collided with a merchantship off the country's coast. japanese coast guard says it received an emergency call around 2:00 in the morning saturday that the merchantship reportedly crashed with the uss fitzgerald it was about 12 miles off the southeast coast of jap japan. one crew member was

moreover i express humongous gratitude to counselors brian mcmonagle for their hard work. mister mcmonagle for his passionate and powerful articulation of truth and thorough research to bolster the council, mister andrew wyatt for his skills in public relation to our team, diligently and intelligently come to our staff for the continuous commitment to our family and me and our children, grandchildren and other family who love us and our dear friends and supporters who never gave up on us to fight from bill cosby. >> power is the ability to define phenomena in a designed manner. power is the ability to define phenomena and make it matter. bill cosby, power is bad and the jurors that use their power to speak, power is bad. the legacy didn't go anywhere. it has been restored and for all those attorneys who conspired like gloria allred, tell them to go back to law school and take another class. >> i want to bring in rick leventhal. we heard if i'm not mistaken that young woman who was speaking was that his assistant? the gentleman in the purple tie was his attorney? >> the gen

defense attorney brian mcmonagle told the jury of 12, seven men and five women, he would show a patternent statements made by constand. the trial is expected the last for about two weeks. andrea constand, her mother, and a toxicologist are all expected to testify. scott, bill cosby will not testify. >> pelly: jericka duncan, thanks. up next, harvard teaches students a bitter lesson. trust #1 doctor recommended dulcolax. use dulcolax tablets for gentle dependable relief. suppositories for relief in minutes. and dulcoease for comfortable relief of hard stools. dulcolax. designed for dependable relief. ♪ ♪ [laughter] we all drive... some just for the fun of it. ♪ to f...nerve pain shoots and burns its way into your day... ...i hear you. when that pain makes simple errands simply unbearable... ...i hear you. i hear you because my dad struggled with this pain. make sure your doctor hears you too. so folks, don't wait. step on up. and talk to your doctor. because you have places to go... ...and people who can't wait for you to get there. if you have diabetes and burning, shooting pain in your

. >> william brennan veteran criminal defense attorney and a friend of cosby lawyer brian mcmonagle.> i assure you that this is not coming from his advice. this is an open matter. this matter will be retried as the da said, and any public statements the defendant makes could come back to haunt him. >> reporter: it's not clear exactly what cosby will talk about or how or if he would describe his experience as an accused sex offender. but a public relations executive we spoke to put cold water on any thought of cosby repairing his image from town hall stage. >> i don't know who told bill cosby if it was his spokesperson, his wife or whomever that he won, but he's getting bad advice. he's getting bad information. he did not win. he is guilty in the court of public opinion. >> i don't know if the court of law if he's innocent or guilty and it's still yet to be determined. >> if you're advising him, what do you say about this speaking tour? >> sit down, shut up, and don't come out of your house. >> reporter: one cosby trial juror says they were ten-two in favor of conviction on two of the

defense attorney brian mcmonagle told the jury of 12, 7 men and 5 women, he would show a pattern of inconsistentt two weeks. andrea constand, her mother, and a toxicologist are all expected to testify. scott, bill cosby will not testify. >> jericka duncan, thanks. >>> "cbs overnight news" will be right back.

. >> reporter: that was defense attorney brian mcmonagle clearly a little bit upbeat tonight as he lefthe courthouse. he told me off camera tonight that the jury is doing exactly what the defense wants, taking their time, going over the evidence and the testimony. day three deliberations tomorrow. lucy? >> all right, here go again, dave schratwieser. live in norristown much what's the worst case scenario for cosby? what exact charges does he face? would he have to register as a sex offender? all of the answers are on fox29.com. we are adding updates from around -- around the clock from the trial, of course. >>> steamy temperatures on your radar tonight. taking live look at allentown on this tuesday evening. are you maybe just a little bit tired of the heat wave? because if you are, you are in luck. we have relief in sight. meteorologist kathy orr temperatures dropping back to, um, normal over the next couple of days. >> normal, yeah. but normal is 82, lucy. >> still warm. >> not like normal 60. heat and humidity combining to make it feel like it's close to 100 degrees across the area. i

attorney brian mcmonagle noted andrea constand misstated the date of the alleged assault by two monthsfailed to tell authorities she had been alone with cosby at his home and elsewhere on several prior occasions where there had been sexual contact. finally mcmonagle remained the jury despite her initial claims to police this temple university employee made dozens of phone calls to the temple icon in the weeks following the alleged assault. this is not talking to a trustee said mcmonagle his voice rising, this is talking to a lover. it's a relationship. say it. cosby's sorries were angered bite argument. >> if i were a jury, guilty just based on his aggressive an tag nonstick behavior he's a really great actor like his boss. >> he doesn't want us to see the forest. he only wants us to see the trees and be confused because that's his job as to try to raise reasonable doubt. >> victim assassination is exa exactly what i witnessed this morning accusing all of us of lying and pointing to us. we're here because of you. we're here because of him. >> prosecutor kevin steele called the case str

. >> reporter: defense attorney brian mcmonagle: >> i'm proud to have been able to represent mr.by. we came here looking for an n'quittal, but like that rolling stone song says, "you don't always gets what you want. sometimes you get what you need." >> reporter: the jury deliberated for more than 52 hours over six days, but this morning, they told the judge they could not reach a unanimous verdict on any of the three counts of aggravated indecent assault, and that they were hopelessly deadlocked. cosby's wife, camille, who only appeared once throughout the more-than-two-week trial, had a spokeswoman read a statement in which she referred to the judge as "overtly arrogant," and claimed some in the media had "intentionally omitted the truth." regarding the jurors, she said, "i am grateful to any of the jurors who tenaciously fought to oeview the evidence, which is the rightful way to make a sound decision." during the trial, cosby's defense team told jurors that cosby had "danced outside his marriage," but he didn't commit a crime. use defense focused on inconsistent statements cos

cosby's attorney, brian mcmonagle, asked the court for a mistrial but that request was denied. instead the judge told the sequestered jurors to keep deliberating. cosby's publicist, andrew wyatt. >> and this deadlock shows the not guilty that mr. cosby has been saying the entire time. >> reporter: the jury has paused deliberations to review evidence a half dozen times. the 79-yea the 79-year-old comedian has been accused by nearly 60 women of sexual assault over the past several decades, but cosby has denied those accusations. andrea constand's case was the only one that was still eligible to go to trial. lili bernard says she, too, was sexually abused by cosby. she got into a heated argument with cosby supporters after the oury announced they were deadlocked. >> he preyed upon my vulnerabilities, and he drugged me and raped me against my will. >> reporter: cosby has been charged with sexually assaulting andrea constand at his pennsylvania home in 2004. constand testified that cosby drugged and molested her after giving her three blue pills which she says left her paralyzed and

defense attorney brian mcmonagle told the jury of 12, 7 men and 5 women, he would show a pattern of inconsistent statements made by constand. the trial is expected to last for about two weeks. andrea constand, her mother, and a toxicologist are all expected to testify. scott, bill cosby will not testify. >> jericka duncan, thanks. >>> "cbs overnight news" will be right back. >>> the united states and great britain have long been allies in the war on terror, but now a side battle has broken out pitting president trump against the mayor of london. the president fired the first shot after the saturday night terror attack on london bridge in which three attackers killed seven people before the police killed them. we have a series of reports tonight, beginning with our chief white house correspondent major garrett. . >> we're not going to allow anybody, whether it's donald trump or anybody else to divide our communities. >> reporter: london's first muslim mayor, sadiq khan rebuffed president trump's criticism. at least 7 dead and 48 wounded in terror attack and mayor of london says there is no reason

cosby's attorney, brian mcmonagle asked the court for a mistrial but that request was denied. instead the judge told the sequestered jurors to keep deliberating. cosby's publicist, andrew wyatt. >> and this deadlock shows the not guilty that mr. cosby has been saying the entire time. >> reporter: the jury has paused deliberations to review evidence a half dozen times. the 79-year-old comedian has been accused by nearly 60 women of sexual assault over the past several decades. but cosby has denied those accusations. andrea constand's case was the only one that was still eligible to go to trial. lili bernard says she too was sexually abused by cosby. she got into a heated argument with cosby supporters after jury announced they were deadlocked. >> he preyed upon my vulnerabilities and he drugged me and raped me against my will. >> reporter: cosby has been charged with sexually assaulting andrea constand at his pennsylvania home in 2004. constand testified that cosby drugged and molested her after giving her three blue pills which she says left her paralyzed and unable to move. c

brian mcmonagle, the criminal attorney for bill cosby, joins us live in a morning exclusive. thanks for being here. >> thanks for having me. >> i want to start with camille's words over the weekend, bill cosby's wife. you heard linsey report she took on the d.a. calling him heinously and exploitively ambitious and calling the judge overtly collaborating with the d.a. are you at all concerned that those words from camille cosby could affect a retrial since you're dealing with the same judge? >> the judge who presided over our case did a remarkable job. balancing the needs of mr. cosby and the prosecution and more importantly the hardworking jurors that came 300 miles to hear our case. as we sometimes see, the people that are most affected by these cases, the families, don't have a great appreciation for our roles and what we do. i know that we were personally vilified during the trial and i think when you're looking at mrs. cosby, you're looking at a wife who believes that the system is unfairly treating her husband and victimizing her husband. i've seen this before. i've seen

when it came time to cross-examine anadrenia constand, not brian mcmonagle, the lead cosby lawyer toalk to the jury to open not his law partner, perry, a great lawyer in his own right, instead, it was angelo, why? educated guest is that the tough questions to alleged sexual as ought victim of powerful man may not seem so welcome interesting another powerful manna tacking on the witness stand, just smart moves, part of behind the scenes strategy presenting the case, and defending major league client. >> thank you so much, steve. 5:37 is the time. bucks county man convicted of all 17 counts against him for sexually assaulting six young girls, all from the same family. amish girls, lee kaplan was convicted yesterday, comes year after there was neighbor who called police and said she thought it was really unusual, all of these girls living with him, in his feasterville home. authority say the girls parents had gifted them to kaplan in exchange for financial help. >>> and, there is a local chef serving meals behind bars, maybe in his future, because he pleaded guilty to child pornography

. >> reporter: now the jurors are working hard i talked to brian mcmonagle off camera tonight he said that's all they can ask, they review all the facts. they take their time and they come up with a verdict in this case if they can reach a verdi verdict. he seemed pretty positive tonight leaving the courtroom along with mr. cosby. lucy? >> all right, thank you very much, dave. >>> of course we'll be on this story around the clock, right. >> absolutely. we'll be back out live at the courthouse during good day when deliberations begin in the morning. >> another blockbuster hearing into the russia investigation into washington, d.c. attorney general jeff sessions returned to the senate today to testify before the senate intelligence committee. >> and sessions came out with guns blazing sounding defiant or wounded as senators lobbed one question after another. >> i do. please be seated. >> attorney general jeff sessions under oath and under scrutiny and trauma many administration controversy such as campaign connections to russia and any undisclosed contacts he might had with the russian

if oscars were awarded to trial attorneys for performance in court, brian mcmonagle would win one. >>ontation with some of bill cosby's supporters outside of the courthouse yesterday. we will play that moment and you can tell us what is happening. watch this. >> you, for example, sitting here and blaming me and calling me a liar is a testimony of why it took me so long to come out. several black celebrities -- excuse me, sir. several -- >> a rape case. >> i was traumatized. i was hurt. >> so lilly, for people who could not hear that. he said a rape kit. meaning where is the evidence. if you had some sort of evidence. what is your response to him? >> i do have evidence. i have evidence in the form of audio consent recordings and journals. i have witnesses who have given me videotape testimony. i took that evidence to the detectives in atlantic city in the spring of 2015. despite the compelling evidence that i saved and witnesses who were willing to testify on my behalf, the prosecutor could not consider pressing charges because of the statute of limitations of sexual assault. as for ge

here is brian mcmonagle. >> i never pause when i have the opportunity to defend someone like him whois innocence, who from the beginning has assured me that i'll be able to represent him and do so with dignity. >> joining me now is ted williams, msnbc legal analyst and former washington, d.c. police detective. thank you, ted, for joining me on father's day this sunday, and a happy one to you. we were here together for the breaking news coverage yesterday. i would like a sense of where we are today. what do you think prosecutors are doing right now as they prepare for a retrial? >> alex, i think they are reassessing and reevaluating their case. i think one of the things that they're going to want to do is, instead of allowing the defense to surprise the jury with testimony, they're going to go into some of their own weaknesses in their case. for instance, andrea constand saw bill cosby after this event. she talked to him 23 times on the telephone -- i stand to be corrected corrected, 53 times on the telephone. those kinds of things are what they are going to want to bring out, why did

his attorney, brian mcmonagle argued that his 2004 sexual endowner

here's brian mcmonagle. >> i never pause for someone who maintains his innocence, who from the beginning to represent him and do so with dignity. >> joining me now, katy fang, nbc legal analyst. katy, you were with me all day yesterday as we were going through the breaking news. tell us what the prosecution is doing right now as they prepare for a trl? how do they process a of this just 24 hours later? >> they definitely look at the trial transcript, alex, that's where you first start. then you decide if you want to stick with your witnesses, someone essential to prove the elements of the crime. but then you maybe take another stab and see if this judge will allow you to parade in more than one of the accusers of bill cosby. as you know, they tried to get 13 more accusers of bill cosby into evidence, and he said, no, they would only go with one, kelly johnson. i maintain, alex, i think this jury wanted to hear from bill cosby and that contributed to the fact it took them so long to deliberate. finally what you do, you determine whether or not after you hopefully hear from the members of

>> reporter: well, i'm a neighbor of his chief defense lawyer brian mcmonagle and he's happy.hey tried to exclude all blacks. they pick it 300 miles in pittsburgh. you're right. everybody knows of this case. it was silly to go outside. look over at this crew. cruelty woman in the beige jacket. she's a reporter from denmark. i've met reporters from australia, germany, australia was the far nest i just asked her right before we did you grow up watching cosby. why is anybody in denmark interested in bill cosby. huge interest there. not only in this country, steve, all over the world, people know about this case and they know bill cosby and i thought i know crocodile dundee the only comedic actor i know from any of the countries i met reporters outside of this country but it's amazing how worldwide fame he still has to this day. he'll turn 80 on july 12th. so this trial only expected to last two weeks if he's found guilty before he's sentenced and he could be sentenced to ten years for each of the three counts of indecent sexual assault could be looking at a live sentence. almost

. >> defense lawyer brian mcmonagle said cosby danced in his marriage and that camille cosby who was in the front row today he says she deserved better but that does not mean mcmonagle said that cosby should go to prison. >> cosby accused of druggig and sexually assaulting a woman named andrea con stan at his philadelphia area home back in 2004. >> taking everything into account. and that reasonable doubt is probably coming in to play. that's why they came back and asked questions. >> as they were deliberating the jury asked to hear a section of decade old testimony cosby gave in a past civil case. about pills he gave constand before she claimed she was assaulted. >> they want to see how the conversation went. how it led up to that. >> cosby claims he gave her benadryl but constand says the pills left her semi conscious. >> to give her those three pills she claimed she was having trouble sleeping. that she was under a lot of stress. and that's something that he admitted that he took while on the road to help hip calm down. >> legal expertise's cosby did not take the stand because tes

. >> reporter: cosby lead attorney brian m mcmonagle quotd the rolling stones "you can't only get what want, sometimes you get what you need" what they'll need to do now is get ready for another trial much the judge said he wants to start retrial with inn 120 days much district kevin steele says cosby accuser is willing to go through another trial and testify again. >> she's entitled to verdict in this case, and the citizens of montgomery county where this crime occurred are entitled to a verdict in this case, and we will push forward to try to get that done and get justice done. >> they shall not have this man back in here again over and over for the same nonsense. >> reporter: only one other cosby accuser besides constand was loud to testify in many trial. and so just two cosby accusers could not convince 12 cosby jurors. and for the others waiting so long already for justice it hurt terrible toll see cosby walk away only getting wet from the rain and not getting convicted. >> he is still on bail. he has not gotten off the hook and he will be retried and we'll be here to see it. >> t