Wednesday, 20 June, 2018

Cosby's lawyers ask judge to toss charges

3:10 am Apple NewsBill CosbyEntertainmentTop News0 Comments0 views 3:10 am Apple NewsBill CosbyEntertainmentTop News0 Comments0 views
Ivan Hill | 07 March, 2018, 07:23

But the Cosby case qualifies as an exception, Jappe told Judge O'Neill on Monday, because the way he abused the 19 women was so repetitive and consistent.

The defense disputed accuser Andrea Constand's testimony at Cosby's first trial previous year that the entertainer drugged and molested her at his suburban Philadelphia home some time in the first part of January 2004.

"This is a matter that will be determined by the jury ultimately", said the judge, who also presided past year when Mr. Cosby's first trial ended with a hung jury.

O'Neill said that because of the volume of evidence he must review, it was doubtful he would decide on Tuesday whether to allow testimony from the 19 additional accusers. He said jurors will learn "just how greedy" she was when they hear details about how much money she demanded from Cosby and what the star wound up paying her. And while the judge has yet to rule on whether the women will be permitted to testify (his ruling could come as soon as Tuesday), their graphic testimonies would likely bolster the prosecution's case.

Cosby's retooled defense team, led by former Michael Jackson lawyer Tom Mesereau, argued that telephone records, travel itineraries and other evidence show the alleged assault couldn't have happened when his accuser says it did and thus falls outside the statute of limitations.

Judge Steven O'Neill on Monday denied a defense motion to dismiss the case on statute of limitations and prosecutorial misconduct grounds.

Cosby, who entered the courtroom on the arm of his spokesman, has said his encounter with Constand was consensual. The underage sex trial in L.A. could get started as early as June, according to Huth's attorney Gloria Allred.

The prosecution's argument centered on two precedents for allowing the other women to testify, the first allowing for the admission of prior bad acts when they are "distinctive and so almost identical as to become the signature of the same perpetrator".

"They went and interviewed her, so they knew what she said completely repudiated Andrea Constand's statement accusing Mr. Cosby of misconduct", defense lawyer Kathleen Bliss said.

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The defense disputed Constand's testimony at last year's trial that he assaulted her at his suburban Philadelphia home in January 2004, when she was a Temple University women's basketball executive and he was a powerful Temple trustee.

Cosby's lawyers told Judge O'Neill on Monday they've found evidence that Cosby wasn't even in Pennsylvania during that time.

District Attorney Kevin Steele asked O'Neill to throw Cosby's legal team off the case for claiming that prosecutors failed to reveal they'd interviewed a woman who cast doubt on Cosby's accuser.

Cosby is charged with three counts of aggravated indecent assault.

The dates are critical because Cosby was arrested December 30, 2015, and there's a 12-year statute of limitations.

O'Neill, who presided over Cosby's first trial, said he was reluctant to break up Cosby's legal team with his retrial several weeks away. Prosecutors argue the lawyers acted recklessly by making the false claim.

Cosby - whose 44-year-old daughter, Ensa, died on February 23 from renal disease - stood and said, "Thank you".

Prosecutors are eager to widen the scope of Cosby's April 2 retrial as they attempt to portray the once-beloved entertainment icon as a serial predator who made a sadistic habit of drugging and molesting women. The judge, though, did leave open the possibility that he might allow Ms. Jackson to testify at the retrial.

They're also trying to insulate Constand from what a prosecutor called "inevitable attacks" on her credibility.

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