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Bill Cosby Could Testify at Second Trial, Lawyer Says

Bill Cosby's retrial is months away, but his legal team is already floating the possibility that he could take the stand the second time around.

The 79-year-old comedian did not testify in his own defense at his first trial, which ended Saturday with a hung jury.

But one of his attorneys, Angela Agrusa, said that might change.

"We never ruled it out," she told NBC News. "He's a very charismatic and articulate person."

Image: ENTERTAINMENT-US-TELEVISION-COSBY-TRIAL
Bill Cosby with his defense attorney, Angela Agrusa, after a mistrial was declared on Saturday. Eduardo Munoz Alvarez / AFP - Getty Images

Some legal experts say it would be too risky for Cosby to testify, noting the damaging admissions he made about extramarital affairs and giving women drugs and money in a civil deposition that was used against him in the criminal case.

"The element of surprise is always something a defense attorney seeks to inject into any criminal case. One of the challenges in a retrial for a defense attorney is to find some area of unexpected cross-examination or new testimony to keep the prosecution and its witnesses off-balance," said Dennis McAndrews, a former Pennsylvania prosecutor who attended the first trial.

"There is no apparent reason to subject Cosby to cross-examination in this case, which would likely be harmful to his cause and portray him in an even more negative light than his own prior damning words."

Related: Bill Cosby's Sexual Assault Trial Ends With Hung Jury

Cosby, 79, has pleaded not guilty to drugging and molesting Andrea Constand in 2004. Prosecutors declined to charge him at the time, but reversed course in 2015 after dozens of women lodged sexual misconduct allegations against him, all of which he denies.

Constand, 44, and one other accuser testified at the 11-day trial. The defense barely put on a case, instead attacking Constand's credibility through cross-examination and closing arguments. The jury deliberated 52 hours before the judge declared a mistrial.

Cosby Alternative Juror: 'I Would Have Convicted Him on All Three Charges' 1:38

None of the jurors have spoken, but one alternate juror told NBC News that he thought Constand seemed "very honest" and was appalled by what Cosby said in the deposition and a police interview.

"I believe he was guilty on all three charges," said the alternate, Mike McCloskey, who sat through all the testimony but did not get to deliberate.

Constand — who tweeted her thanks to supporters on Tuesday — is willing to testify again, her lawyers said. But this time, the defense will have a better idea of what she will say and how she will handle hours on the stand, potentially paving the way for a more cutting cross-examination.