In some less positive news, news that could prove insurmountable for Bill Cosby and his defense team during trial, it was also announced that the prosecution is planning to allow 13 of Bill Cosby’s roughly 50 additional alleged sexual assault victims to testify on behalf of the prosecution during the trial.
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District Attorney Kevin Steele is prosecuting the case.
The next hearing in the Bill Cosby sexual assault case will take place Tuesday and will address the request of his lawyers to have certain key evidence removed from consideration. The tape was to be played in the hearing Tuesday afternoon while the judge mulled over the issue.
Cosby clutched an aide’s arm as he walked, but his eyes appeared less milky and he seemed more engaged and animated as he spoke with his legal team.
The criminal case against the man once endearingly known as “America’s Dad” involves the encounter with Andrea Constand, a former Canadian national team basketball player.
Ms Constand said she had thought the pills were herbal products and that she was later floating in and out of consciousness. Ms. Allred is an extremely high-profile civil attorney; she often represents victims of social injustice, and she happens to be representing some of Bill Cosby’s alleged victims.
A criminal case opened this year following the election of a new county prosecutor who had made it a campaign promise to bring charges against the comedian.
On Tuesday, lawyers will also attempt to have a phone call between Cosby and Constand’s mother removed from consideration, reports state.
In the deposition, Cosby acknowledged obtaining drugs to give to women he sought for sex.
They say Cosby only answered the deposition questions because Bruce Castor, the district attorney in 2005, promised to never bring a criminal case based on Constand’s allegations. Cosby has denied all those accusations.
Judge Steven O’Neill says Cosby’s lawyer disclosed the 79-year-old comedian’s condition in a letter before Tuesday’s pretrial conference. The accuser’s mother responded, “no, I have a parrot”.
“I submit to the court that the whole thing stinks and I want it thrown out”, McMonagle said, after detailing Pennsylvania law requiring dual-consent for recordings.
Cosby’s lawyers are asking that prosecutors not be allowed to use a telephone conversation recorded by his accuser’s mother and other evidence at his trial. Steele, however, argued that Cosby acknowledged in deposition that he knew he was being recorded.
“They have been silenced”, McMonagle said, according to CNN affiliate WHP.
“This is a case of national (knowledge)”, O’Neill said.
The judge could set a trial date.
Defense lawyers said they planned to file motions for a change of venue and the judge gave them 60 days to file. “I believe we can get a fair jury and we’re going to go through that and deal with that as we are in each of the motions in this case”.
But he lost that argument.
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In 2005, complainant Andrea Constand filed a lawsuit regarding the matter. Each charge against him carries five to 10 years in prison and a $25,000 fine. He also described the sexual encounter with Constand, saying it was consensual.
