Bill Cosby‘s attorneys filed a surprise motion Friday asking that the judge overseeing his sex assault retrial toss a juror from the case — alleging that the juror was overheard saying he thought the comedian was guilty.
A prospective juror who was not seated called the defense to tell them she’d overheard Juror No. 11, who was selected Wednesday, mutter “I just think he’s guilty” while they waited in court for further questioning.
The jurors’ identities are not known.
Cosby’s attorneys are asking judge Steven O’Neill to toss the juror, or at the very least subject the man to further questioning to determine if he lied about anything else during “voir dire.”
O’Neill has yet to rule on the motion, filed late Friday.
The panel of seven men and five women were selected during an extensive vetting process over the last four days in Norristown, Pa., where the trial will take place.
Cosby, 80, stands accused of drugging and molesting former Temple University staffer Andrea Constand inside his suburban Philadelphia home in 2004.
He faces up to 10 years behind bars on each of the three counts of aggravated indecent assault of convicted.
A female alternate was empaneled Thursday, despite her open admissions that she thought Cosby was guilty.
However, that woman said she would be able to set aside those beliefs and serve as a fair and impartial juror.