Judge Steven O’Neill has declared a mistrial on Bill Cosby’s sexual assault case after a jury of seven men and five women failed to reach a verdict. Deliberations began on Monday, and the jury announced Thursday that they were deadlocked; the judge initially denied the defense’s request for a mistrial.

The case was brought by Andrea Constand, 44, who alleged that Cosby had given her three pills that he said would help her relax, and then molested her in is home near Philadelphia in 2004. Constand was the director of operations for Temple University’s basketball team at the time, and she said that Cosby had invited her over to his house as “a Temple University friend.”

Cosby was accused of three counts of aggravated indecent sexual assault, each a felony that could carry up to 10 years in prison. According to The Los Angeles Times’s Steven Zeitchik, the prosecution has already declared they will re-try the case, which the judge has declared should happen within the next 120 days.

Constand‘s story was one of more than 60 shared by women beginning at the end of 2014, many of them claiming that Cosby had drugged and molested them. Because the statute of limitations had expired for most of those cases, Constand’s was the only one that went to trial. She served as the prosecutions’s star witness, while Cosby declined to testify on his own behalf. The defense instead focused on pointing out discrepancies in Constand’s statements, and they rested their case on Monday after six minutes of testimony.

Cosby’s publicist Andrew Wyatt said that the actor was in positive spirits before the judge’s decision was read, according to Variety. “He’s just waiting like everyone else and looking forward to a positive outcome,” Wyatt said.

According to a tweet from the Montgomery County District Attorney, Cosby is now free on bail.