The criminal case against the 79-year-old actor involves a single 2004 encounter at his home with former Temple University employee Andrea Constand.
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The complaints of sexual abuse against Cosby date back to the 1960s, although those happened too long ago to allow him to be brought to trial on them, but Constand’s case could be crucial in providing substantiation for sexual assaults allegedly suffered by dozens of women over several decades.
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”.
Judge O’Neill postponed hearing arguments on the filing at the Tuesday hearing, giving the defense team more time to review the copious material.
The defense is expected to oppose such testimony.
Cosby has pleaded not guilty to all charges.
Constand told police that Cosby gave her three unmarked pills and then molested her as she drifted in and out of consciousness.
The defense and prosecution did argue Tuesday about a recording of a January 17, 2005, phone call between Cosby and Gianna Constand, the mother of Andrea Constand.
The defense asked for a call between Cosby and Constand’s mom – where she asked him about the drugs he gave her daughter – dropped from evidence since Cosby was unaware he was being recorded and Pennsylvania has a two-party wiretap law.
The motion to show “prior bad acts of defendant” does not name the women but provides their ages, when they met Cosby and how their relationship with Cosby developed.
Cosby’s lawyers meanwhile asked the judge Tuesday to suppress a 2005 telephone conversation recorded by Constand’s mother in Toronto.
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.
Judge Steven O’Neill said in a pre-trial hearing in Pennsylvania overnight the trial could begin earlier if schedules permit.
District Attorney Kevin Steele, however, will fight to include both pieces of evidence during the hearing, which will take place in Philadelphia.
“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.
Bill Cosby now has a date for his impending sexual assault trial. In his deposition, he later said he feared sounding like “a dirty old man” on the call.
In addition to fighting the testimony of 13 additional alleged sexual assault victims and trying to get the phone call and deposition tossed out as evidence, the legal team defending Bill Cosby against the criminal sexual assault charges that have been levied against him is also trying to force a change of venue in the case. Angela Agrusa of Liner LLP took over on July 11.
“The time has come to shine a spotlight on the trampling of Mr Cosby’s civil rights”, the statement said.
Mr. Cosby is no stranger to discrimination and racial hatred, and throughout his career Mr. Cosby has always used his voice and his celebrity to highlight the commonalities and has portrayed the differences that are not negative – no matter the race, gender and religion of a person.
“None of us will ever want to be in the position of attacking a victim”. In the deposition, Cosby was asked if he believed the call was recorded and he replied yes, Steele’s response says.
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Allred also represents Judy Huth in a civil lawsuit in Los Angeles Superior Court that accuses Cosby of underage sexual abuse.
