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Hard-fought legal battles expected in the Cosby case
He faces five to 10 years in prison if convicted.
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“Pills were provided. Wine was provided”. Within a half hour, Constand experienced “blurred vision and difficulty speaking”, the complaint said.
“There will no doubt be a huge fight between both sides, the prosecution seeking to admit as much of this evidence as possible and the defendant trying to preclude it as overly prejudicial”, he added. We have the utmost confidence in Mr. Steele, Ms. Feden and their team, who have impressed us with their professionalism. One woman, Patricia Leary Steuer, 59, said Thursday that she was elated, particularly for Constand.
Constand accused Cosby in 2005, alleging he drugged and sexually assaulted her when she visited his then home in Montgomery County outside Philadelphia in 2004. His lawyer says the charge is unjustified and that he will be exonerated.
In the countersuit, Cosby claims the women made “malicious, opportunistic, and false and defamatory accusations” of sexual misconduct against him that are “nothing more than an opportunistic attempt to extract financial gain from him”. Her “knees began to shake, her limbs felt immobile… and she began to feel only barely conscious”, her lawyers wrote in a 2005 civil court filing.
But criminal defense lawyer David Rudovsky, who teaches at the University of Pennsylvania, said: “What you say at a deposition, or what you say to anybody, can be used unless it’s coerced or said without a Miranda warning”.
She claimed that she had been tricked into taking drugs before being sexually assaulted by Cosby.
In the deposition, Cosby admitted under questioning that he obtained drugs, including Quaaludes, to give to women he sought for sex. It’s the first time Cosby has been charged after decades of allegations by dozens of women.
The aggravated indecent assault charges filed against Cosby stem from an early 2004 incident, according to court records.
By testifying he would put himself at risk because prosecutor could introduce additional material to try to challenge Cosby’s credibility, but not testifying is risky, too, said Paul Robinson, a University of Pennsylvania law professor.
Constand’s attorney released a statement Wednesday morning, saying: “On behalf of our client, Andrea Constand we wish to express our appreciation to the Montgomery County District Attorney’s Office, the County Detectives and the Cheltenham Police Department for the consideration and courtesy they have shown Andrea during this hard time”.
The DA’s office quietly reopened the investigation into Constand’s allegations over the summer, after “new information” emerged that convinced prosecutors to take a second look at charging Cosby, Steele said on Wednesday. In court papers, prosecutors said the drugs were the cold medicine Benadryl or some other, unidentified substance. Seating a jury will be difficult, they said; the publicity over Cosby’s suspected acts will make it hard to find jurors who have not made up their minds about the case. “It brings back to front and square the issue of his own behavior”.
The Cosby case became a political flashpoint in Montgomery County, Pennsylvania, where Castor, who had declined to charge Cosby, lost his seat to Steele, who announced the charges against Cosby on Thursday. Numerous alleged assaults occurred decades ago, and the statute of limitations for prosecuting them has long expired.
But for the women who have publicly accused him of drugging them, and some who say he raped or fondled them, Wednesday’s arraignment of the actor and comedian on three counts of aggravated indecent assault meant a lot.
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A quiet settlement in a civil case had been the biggest legal outcome of allegations against Bill Cosby. “In that this matter is now being pursued in the criminal justice system, we will not comment further”. “Chloe has always wanted to see Mr. Cosby face jail time for his actions”.