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Two Cosby holdouts prevented guilty verdict, juror says

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iStock/Thinkstock(NEW YORK) — In an exclusive interview with ABC News, a juror in the Bill Cosby sexual assault case said that after dozens of hours of grueling deliberations in a tiny room, 10 of the 12 jurors agreed Cosby was guilty on two counts. On a third count, only one of the jurors believed he was guilty.

The final votes on the first of the three counts was 10 to two to find Cosby guilty of digitally penetrating accuser Andrea Constand without her consent, the juror said.

On the second count, that she was unconscious or unaware during the incident, the juror said the vote was 11 to one to acquit.

On the third count, that the alleged assault occurred after Cosby gave Constand drugs or intoxicants without her knowledge, substantially impairing her for the purpose of preventing her resistance, the jury was deadlocked at 10 to two, in favor of a guilty verdict, according to the juror, who agreed to speak to ABC News  on the condition of anonymity.

Cosby had been charged in 2015 with three counts of felony aggravated indecent assault stemming from a 2004 incident involving Constand at his home in Pennsylvania.

Constand testified during the trial that the comedian gave her a drug that rendered her incapable of stopping his alleged assault, though she said she tried. Though Cosby did not take the stand, he said in a decade-old deposition that he gave Benadryl to Constand to “relax” her, and then the two had a consensual sexual encounter. He pleaded not guilty to the felony charge, and denied wrongdoing in other accusations made against him.

District Attorney Kevin Steele has said that he plans to retry the case.

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