What Happened In Bill Cosby's Pretrial Hearing in Criminal Sexual Assault Case

By Ileen Jasmin - 02 Nov '16 05:50AM
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Once again, Bill Cosby's legal team will try to get the sexual assault charges against him dropped. Cosby was charged with sexually assaulting a woman 12 years ago. The pre-trial hearing started this morning. The comedian arrived at a Pennsylvania courthouse earlier today for the pre-trial hearing. Wearing a blue suit, carrying a cane, and holding the arm of someone from his legal team, Cosby entered the courthouse.

A Pennsylvania state judge will hear arguments from both lawyers for Cosby and Montgomery County, Pennsylvania, prosecutors. As previously reported, the center of the case will be the allegations made by Andrea Constand.

Constand was the former director of operations for the women's basketball team at Temple University in Philadelphia. As people know, this is Cosby's very own alma mater.

More than 50 women have accused the once beloved comedian of drugging and/or sexually harassment. Montgomery County Judge Steven T. O'Neill will be the one to determine whether the jury will hear from the 13 other accusers. The County Judge will also decide whether Cosby's deposition in a civil suit brought by Constand in 2005 will be allowed in court. District Attorney Kevin Steele stated that the prosecution had "investigated nearly fifty women allegedly victimized" by Bill Cosby.

The prosecution also asked the court to allow evidence from 13 of these women as "prior bad acts." On the other hand, Cosby's defense attorney are doing their best to keep these women out of court. Cosby's defense attorneys stated that he "can no longer defend himself" due to the fact that the "Cosby Show" star is already going blind, meaning he can't recognize his accusers.

Brian McMonagle and Angela Agrusa, Cosby's attorneys stated in their motion filed last month that, "Compounding the problem are the vague allegations of many of the accusers about the time and place of the alleged incidents." The motion was filed as an attempt to dismiss the charges, once again.

Constand, who lives in Toronto, went to the Canadian police in mid-January 2005 to report that between mid-January and mid-February of 2004, Cosby had given her pills that made her nauseous and weak. She also stated that Cosby sexually assaulted her in his suburban Philadelphia estate. The Canadian police then immediately alerted Pennsylvania authorities.

Then-district attorney in Montgomery County, Bruce Castor, had decided not to press charges. Castor explained that the accuser and the TV star could be seen in "a less than flattering light."

After that, Constand filed a civil lawsuit against Cosby. In depositions for that case, Cosby admitted to have given Constand some Benadryl because she complained of tension and not being able to sleep.

Brian McMonagle released a statement to ABC News back in May that the relationship between the comedian and Constand was one that involved "multiple consensual sexual interactions." The statement also read, "As was the fact that the complainant communicated with, returned to the home of, had dinner with and gave gifts to Mr. Cosby after the alleged assault occurred."

In September 2005 and March 2006, Cosby was deposed over the course of four days. During this time, he admitted to giving Quaaludes to a woman he'd wanted to have sex with years prior.

Yet, in the deposition, Cosby defended himself against Constand's allegations. He said, "I don't hear her say anything. And I don't feel her say anything,"

"And so I continue and I go into the area that is somewhere between permission and rejection. I am not stopped." he continued.

Finally, on Nov. 8, 2006, the civil case was settled in a confidential manner and sealed. Last year, The Associated Press asked the court to unseal the deposition. U.S. District Judge Eduardo Robreno had agreed to the request. In July 2015, Judge Robreno opened up a small portion of the deposition. At that same year, Castor said that the allegations in Constand's lawsuits were much serious than the account she had given to the police back in 2005. He also said that if the information had been known at the time, "we might have been able to make a case."

Newly elected District Attorney Kevin Steele charged Cosby with drugging and sexually assaulting Constand in December 2015. If convicted, Cosby faces up to 10 years in prison, and a $25,000 fine. Cosby has pleaded not guilty to the charges and is free on $1 million bail.

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