Bill Cosby's lawyer 'confident' in acquittal if case is retried

Bill Cosby’s criminal defense attorney, Brian McMonagle, speaking two days after a mistrial was declared in the comedian’s sexual assault case, said he is confident that if there is another trial his client will be acquitted.

“What I would say to all of Mr. Cosby’s fans and some of the folks on the other side of this, we have a wonderful criminal justice system in this country,” McMonagle said on ABC’s “Good Morning America.”

“Trust it, believe in it and I’m confident that if this case is retried, he’ll be acquitted,” he said.

Asked what he would say to people who have heard about other accusers against Cosby, McMonagle said: “None of these accusations have ever been vetted. None of them have ever been put to the test.”

“None of them have ever been cross-examined and the one time that it has happened, fair-minded people couldn’t come to a conclusion,” he said in reference to the case that ended Saturday in a mistrial. “Presume innocence, and trust the system.”

After six days and 52 hours of deliberation, the seven men and five women selected to serve on the Pennsylvania jury were unable to render a unanimous verdict on any of the three counts of felony aggravated indecent assault with which Cosby had been charged.

Cosby, 79, had pleaded not guilty.

Over the weekend, Billy Cosby’s wife Camille Cosby, took on the district attorney in a statement–calling him “heinously and explosively ambitious.” She said the judge was “overtly and arrogantly collaborating with the DA.”

McMonagle said Camille Cosby’s words will not have any effect on the case, should there be a retrial.

“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,” he said.

Kevin R. Steele, the district attorney from Montgomery County, Pennsylvania, has already said he will seek a new trial against Cosby.

One of the judges on the case said he’d like a retrial to begin within 120 days. The prosecution said that legally, they have 365 days to retry Cosby.

The prosecution also said they will revisit their petition to have 13 of the more than 50 Cosby accusers testify in the retrial.

“The parties walked away from this case 14 years ago and resolved the matter,” McMonagle said. “We’re only here because of those unproven accusations and I believe and I know in my heart that the judge will not reverse his decision, will give us a fair trial as he just did.”

If Cosby asks McMonagle to defend him in a retrial, McMonagle said he “will answer the call.”

“Jury deliberations were 52 hours, so we’re all trying to mend and heal and we’ll make some important decisions in the days to come,” McMonagle said.

ABC’s Chris Francescani and Linsey Davis contributed to this report.

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