"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 current case in Pennsylvania, which ended Saturday in a mistrial.
Jurors considering the fate of Bill Cosby at his sexual assault trial asked for a definition of "reasonable doubt" on their fifth day of deliberations Friday, a day after telling the judge they were deadlocked on all charges.
The Constand case is the only one that fell within the statutes of limitations, and Philadelphia District Attorney Kevin Steele was voracious in fighting to take down Cosby.
The mistrial isn't as conclusive a failure as the most widely feared outcome, a not-guilty verdict. The judge brought Cosby into court to make sure he'd approved of the mistrial requests, asking the comedian if he knew that a mistrial would mean he could be prosecuted again.
Prosecutors are fighting to keep the jurors' identities a secret, arguing in court documents Monday that releasing them would result in a "publicity onslaught" and make picking a jury for the second trial more hard. A hearing is scheduled for Tuesday. Andrea Constand accused Cosby of drugging and sexually assaulting her at his Cheltenham Twonship home in 2004.
He said of the six alternate jurors: "I would say we would have voted to convict".
Pennsylvania law allows the public release of jurors' identities, but judges have discretion to keep them a secret under certain conditions.
Many prosecutors still only agree to try sexual assault and rape cases they know they can win.
Following the decision, Montgomery County District Attorney Kevin Steele insisted that he would "move this case forward as soon as possible". The 2004 encounter at Cosby's suburban Philadelphia estate was the only one to result in criminal charges.
Cosby remains free on $1 million bail over the three felony charges.
Fox News is no longer 'Fair & Balanced'
Fox News Host Bret Baier tweeted on Wednesday that the move was purely for promotional reasons. The network's new tagline, according to New York's sources, will be "Most Watched".
But it was his reputation as a public moralist who urged young people to pull up their saggy trousers and start acting responsibly that prompted a federal judge to unseal portions of an explosive deposition he gave more than a decade ago as part of Constand's civil lawsuit against him.
The inability of a court to convict Mr Cosby, 79, has become a rallying point for assault victim activists.
"Justice needs to be served in this case and it would be nice to have a verdict", says Christine Jeske.
O'Neill sent them back yet again - something judges have the discretion to do as many times as they see fit - but by Saturday, after six days of fruitless deliberations, the jury convinced O'Neill that they were never getting to a unanimous decision. The trial took place outside Philadelphia, but the jury came from the Pittsburgh area.
"The key to retrying a case is to do it differently the second time, because the defense expects you to do it the same way", said Troiani, whose client is on board for a retrial.
As an alternate, Mike McCloskey heard all the testimony but didn't participate in deliberations.
The Montgomery County District attorney is urging a judge to keep secret the names of jurors in the Bill Cosby trial, saying that making the names public may make it more hard to find an impartial jury for Cosby's retrial. The jurors' names haven't been made public and the split on the vote hasn't been disclosed, shrouding the case in mystery.
After the judge declared a mistrial Saturday, prosecutors immediately announced they would retry the case.
It was the only criminal case to arise from allegations from more than 60 women that cast Cosby as a serial predator who gave drugs to women before violating them.