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May 23, 2017

PITTSBURGH -- The panel that will decide Bill Cosby's fate in his sex-assault trial began to take shape Monday with the selection of five jurors, three white men and two white women. The search for 12 jurors and six alternates got off to a brisk star, though a third of the initial jury pool had an opinion about Cosby's guilt or innocence and an equal number said they or someone close to them had been sexually assaulted...

By JOE MANDAK, MARYCLAIRE DALE and DAKE KANG ~ Associated Press
Bill Cosby, center, arrives for jury selection Monday in his sexual-assault case at the Allegheny County Courthouse in Pittsburgh. The case is set for trial June 5 in suburban Philadelphia.
Bill Cosby, center, arrives for jury selection Monday in his sexual-assault case at the Allegheny County Courthouse in Pittsburgh. The case is set for trial June 5 in suburban Philadelphia.Gene J. Puskar ~ Associated Press

PITTSBURGH -- The panel that will decide Bill Cosby's fate in his sex-assault trial began to take shape Monday with the selection of five jurors, three white men and two white women.

The search for 12 jurors and six alternates got off to a brisk star, though a third of the initial jury pool had an opinion about Cosby's guilt or innocence and an equal number said they or someone close to them had been sexually assaulted.

Lawyers on both sides are contemplating a person's race, sex, age, occupation and interests as they weigh their likely sympathies, experts said.

"You're looking for what people already believe," said University of Pittsburgh School of Law professor David Harris. "People don't take in new information and process it. They filter it into what they already know and think."

The actor-comedian once known as America's Dad for his portrayal of Dr. Cliff Huxtable on "The Cosby Show" is charged with drugging and molesting a Temple University women's basketball-team manager at his home near Philadelphia in 2004. He calls their encounter consensual.

Dozens of other women have made similar accusations against Cosby, and the judge is allowing only one of them to testify at the June 5 trial in suburban Philadelphia. The jury from Pittsburgh will be sequestered nearly 300 miles from home.

Cosby, 79, has said he thinks race "could be" a motivating factor in the accusations lodged against him.

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The jurors' names, ages and occupations were being kept private. The oldest person chosen for the panel was perhaps in his 70s and, like Cosby, uses a cane. The youngest was a young man with a hipster style. He and a middle-aged man selected said they or someone close to them had been sexually assaulted, but they insisted they could judge the case fairly. That's sometimes harder than it seems, one law professor said.

"Can we trust them (to be fair)? That's really the question," said Laurie Levenson, a Loyola Law School professor. "Sometimes it's not so easy. It's one thing to set aside intellectually what you know, but it's another to set it aside emotionally."

The case against Cosby has attracted worldwide publicity that the judge hopes to shield from jurors during the trial. More than 80 percent of Monday's jury pool said they were familiar with the case, and two-thirds said it would be difficult to spend several weeks sequestered across the state. But not all of their hardship claims held up.

Two people selected initially had voiced job concerns but later said they could serve.

"No one should make an effort to be on this jury, and no one should make an effort to not be on this jury," Judge Steven T. O'Neill told the group.

Cosby arrived in court on the arm of an aide, using a cane and carrying a box of tissues, and frequently conferred with his three lawyers at the defense table.

Lead lawyer Brian McMonagle said Cosby was "looking forward" to getting the process started; however, Cosby has said he does not expect to testify.

The defense had used four strikes to keep someone off the jury by Monday afternoon, while the prosecution had used two. Each side can strike seven people from the jury and three alternates.

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