Prosecutors Fight Cosby Bid To Question 2,000 Potential Jurors

NORRISTOWN, Pa. (KDKA) – The Bill Cosby jury battle continues.

Cosby’s attorneys want 1,500-2,000 people in Allegheny County to complete a special written questionnaire.  They also want to be able to eliminate more potential jurors than the rules allow.  Now, the Montgomery County District Attorney has filed a motion in response to their requests.

The responsive motion begins by saying in part Bill Cosby is “seeking to separate himself from other similarly situated individuals” and goes on to say “special treatment is neither necessary nor appropriate.”

As to the special juror questionnaire request, the response says in part “…it has been the practice in Montgomery County, and no doubt across the Commonwealth to utilize standard questionnaires along with in-court examination to secure such fair and impartial juries. Defendant is entitled to this same treatment.”

KDKA sat down with attorney Brent McCune who has over 30 years combined experience as both a prosecutor and defense attorney.  McCune thinks Cosby’s lawyers are doing what’s in his best interest. “I’d be asking for the moon and the stars. Yes, you would because you need to ferret out who has a preconceived opinion on the case.”

However, McCune understands where the prosecution is coming from in treating Cosby no differently than any other defendant.

“If you’re a prosecutor, you want to keep this as narrow as you can, make it an ordinary football game. Not the Super Bowl, just an ordinary football game. That’s what you want,” said McCune.

Cosby’s lawyers are also requesting 20 peremptory challenges, instead of the seven that anyone charged with the same crime would normally get.  Such challenges allow attorneys to reject potential jurors without giving a reason.

“He’s asking for 20 challenges because that gives him a better shot at selecting a jury that he likes. So, it’s a very self-serving request,” said McCune.

The District Attorney’s response is that the rules are clear and Cosby is “not entitled to, nor does he deserve, anything more or anything less than any other citizen facing criminal charges.”

According to McCune, “Of course the DA is going to say ‘why are you any different?’ It will be interesting to see how the judge rules on that.”

The motions will be argued before the Judge on Monday April 3, 2017.

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