To use the deposition now violates Cosby’s right against self-incrimination, they say.
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Allred rejected Wyatt’s accusations, accusing Cosby of becoming desperate in his defense of the case, and stating that several of the alleged victims she represents are African American.
Steele didn’t name the 13 women but described one as an aspiring actress who was working at the Playboy Club in New York City when she first met Cosby in the early 1970s.
In his deposition, Cosby described the sexual encounter that followed: “I got her skin and.it’s just above where you can go under the trousers”.
The Cosby case has been marked by intense pretrial maneuvering.
“The time has come to shine a spotlight on the trampling of Mr Cosby’s civil rights”, the statement said. “That’s you giving up your expectation of privacy and engaging in this call”, Steele said.
It followed a stream of allegations by more than 50 women going back decades. During his deposition, Cosby said he’d been evasive when speaking to Constand’s mother, concerned that the phone call was being taped.
Canadian law allows calls to be legally recorded with only one party consenting, the motion says. The actor also had a new legal team led by Philadelphia lawyer Brian McMonagle. The accusers say they were intoxicated by drugs or alcohol that Cosby gave them before they were sexually assaulted.
A transcript of the call shows Cosby offering to pay for Andrea Constands’ further education.
The defense will also ask to have the trial moved to another county, given that the decision over whether Cosby should be arrested became a flashpoint in last fall’s election for district attorney. They also plan to file a motion to change the venue because of pre-trial publicity.
Allred, who just held a press conference in California calling for the elimination of the statute of limitations for rape and sexual assault, could not be reached for immediate comment.
In a letter, Cosby’s defense says the entertainer is now blind and could need special assistance for a trial.
Pennsylvania Judge Steven O’Neill set the tentative trial date at a preliminary hearing Tuesday.
Steele argued that Cosby heard the beeping and knew he was being recorded.
Cosby’s eyes appeared less milky and he seemed more engaged and animated as he spoke with his legal team.
O’Neill, who made no ruling Tuesday, asked many probing questions of McMonagle, and pointed out that Constand’s mother had done nothing illegal, and that no one has been prosecuted as a result of the call, the existence of which has been known for years. She did not report their encounter until a year later, when the then-district attorney, Bruce Castor, decided there was not enough evidence to pursue Cosby.
“This case now 252 days from filing of criminal complaints”, said in his Pennsylvania courtroom.
Much of Tuesday’s proceeding focused on a recording of a telephone conversation between Cosby and Constand’s mother.
He is charged with three counts of felony aggravated indecent assault related to a 2004 case involving Andrea Constand, an employee at his alma mater, Temple University.
Prosecutors in Bill Cosby’s sex assault trial released the profiles of 13 other women they want to testify in order to show a “remarkably similar” pattern of behavior deployed against his alleged victims.
The defense is expected to oppose any testimony from other accusers.
Bill Cosby now has a date for his impending sexual assault trial.
His lawyers are trying to keep some key evidence out of the case. He acknowledged having a sexual encounter with Constand, but said it was consensual. According to current prosecutors in the sexual assault case against Bill Cosby, such a promise was illegally given and not enforceable. But a judge rejected that argument and a trial was green-lighted in July.
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Cosby’s lawyers, meanwhile, have made their own motions seeking to limit the evidence. Steele, however, argued that Cosby acknowledged in deposition that he knew he was being recorded.
