Bill Cosby was back in a Pennsylvania courtroom on Tuesday where a judge was deciding whether or not to allow 13 of the women who have accused the actor of rape to testify against him in his upcoming trial.
The 79-year-old was all smiles though as he entered the courtroom with members of his legal team, smiling and waving to those in the crowd and at one point joking with the security guards by telling them: ‘Don’t tase me bro.’
He walked into the court room holding a cane which he did not seem to use, choosing instead to lean on a member of his legal team.
Things were far less jovial however once the hearing got underway, with the district attorney and defense team engaging in a screaming match with one another.
Montgomery County District Attorney Kevin Steele took issue with the defense’s naming of the 13 victims, saying that they were releasing details about the individuals in hopes of intimidating them before the trial.
Cosby’s lawyer Brian McMonagle responded to this by saying: ‘Most of them have been interviewed on television. Who’s hiding names? Some of them have been interviewed for books. Some of them have been on tours.’
He then added: ‘I really don’t care what their names are. Is the world not going to know their names? What are we doing here? This is silly. It really is silly.’
Of the 13 women who are seeking to possibly testify in the upcoming trial, the identities of 11 have made public by the women coming forward themselves to give interviews and speak about their allegations against Cosby.
Judge Steven T. O’Neill eventually ruled that the two women who had not yet been publicly revealed should not be named in court documents out of courtesy.
Cosby faces 10 years in prison if convicted of sexually assaulting a former Temple University basketball team manager Andrea Costand.
His lawyers are hoping that after this two-day hearing the judge will rule that the 13 women who have accused him of drugging and raping them in the past will not be allowed to testify in court.
The defense had originally hoped to question the women in person over this two-day period, nut judge O’Neill rejected that motion.
The defense plans to prove that the sex between Cosby and Constand – who is openly gay and was in a relationship with a woman at the time of the alleged assault – was consensual.
In her affidavit Constand told police that Cosby gave her wine and pills and then sexually assaulted her while she was unconscious.
‘I got scared,’ Constand told police of the alleged assault. ‘I had no strength in my legs. They felt rubbery and like jelly. I felt spacey. Everything was blurry or dizzy. I had no thought to call 911.’
She later told police: ‘I told him, “I can’t even talk, Mr. Cosby.” I started to panic.’
Constand claims she arrived at Cosby’s home on the night in question and was greeted by the actor, who was wearing a sweatsuit.
The two spoke about Constand’s future, and she told Cosby she was feeling ‘drained’ and ’emotionally occupied.’
That is when Cosby allegedly went upstairs and returned with three blue pills. telling Constand: ‘These will make you feel good. The blue things will take the edge off.’
Constand claims she then asked if the pills were herbal, to which Cosby replied: ‘Yes. Down them. Put ’em down. Put them in your mouth.’
According to the affidavit of probable cause, Cosby then told Constand to have some wine, and soon after she began to have trouble speaking and seeing.
Cosby then allegedly told her to lie down on the couch, and soon after, according to the affidavit of probable hearing, was ‘fondling her breasts, put his hands into her pants, and penetrated her vagina with his fingers’.
He also allegedly took her hand and placed it on his erect penis.
Constand claims she woke up hours later around 4am and realized her bra was undone and above her breasts and that her sweater was bunched up.
As she made her way to the door she claims Cosby was standing there in a robe and holding a muffin, which he handed to her as she left while saying: ‘Alright.’
Constand, the former director of operations for Temple’s women’s basketball team and a one time college basketball star herself, launched a legal suit against Cosby, a man she called her ‘mentor’, in March 2005.
Now 42, she said she first met Cosby, a Temple alum, in November 2002 and the pair became friends and she was a frequent guest at dinner parties at his home.
The case against him emerged just days before Pennsylvania’s 12-year statute of limitation deadline for pressing charges was about to run out and despite a previous DA declining to charge Cosby a decade ago.
Cosby previously said under oath that he had consensual sexual contact with Constand.
The criminal complaint alleges that on the night in question Cosby told Constand to take three blue pills that left her feeling weak and then led her to a sofa where the assault took place.
When she woke up the next morning he gave her a muffin and sent her home.
Steele said at the press conference in December that Cosby made two failed sexual advances towards Constand before the incident now in question.
The affidavit of probable cause describes both incidents, as well as the night of the alleged assault.
Constand claims that the first time Cosby made an advance at her was after the two shared a meal at his house and were sitting on his sofa having a discussion.
That is when ‘without warning, Cosby reached over and touched her pants, her waist, and her inner thigh’, according to the affidavit of probable cause.
She claims she then excused herself, went to the bathroom, gathered her things and left.
The next time he made an advance at her also occurred at his home in Elkins Park, and this time he ‘unbuttoned her pants and began touching her,’ according to the affidavit of probable cause.
Once again Constand claims she left soon after.
Then, sometime between mid-January and mid-February 2004, the alleged sexual assault occurred.
Constand later filed a civil suit against Cosby which he settled for undisclosed terms in 2006. He also agreed to give a deposition, which was released last July.
It was the release of that deposition and the admissions that Cosby made that led to Montgomery County prosecutors pressing charges.
Cosby’s lawyers said in a statement shortly after the new charges were announced; ‘The charge by the Montgomery County District Attorney’s office came as no surprise, filed 12 years after the alleged incident and coming on the heels of a hotly contested election for this county’s DA during which this case was made the focal point.
‘Make no mistake, we intend to mount a vigorous defense against this unjustified charge.’
Cosby has been out on $1million bail since December 30 when he was charged in Montgomery County.
In February he also sued Constand claiming she violated the terms of their civil settlement by agreeing to cooperate in the criminal probe against him.
SOURCE: Mail Online