Bill Cosby Retrial, Day 10: Testimony from Constand's Friend Brings Second Week to a Close

By Maria Puente and Jayme Deerwester
Usa Today
April 20, 2018

https://www.usatoday.com/story/life/2018/04/20/bill-cosby-retrial-day-10/534528002/

As Bill Cosby's sexual assault retrial went on for a 10th day Friday, testimony is nearing completion and Judge Steven O'Neill says jurors should get the case next week.

O'Neill said in court Thursday there are only a few more days of testimony left in the case. Cosby is charged with three counts of aggravated indecent assault on Andrea Constand, at his home in suburban Philadelphia in 2004.

Here are the latest developments from the courtroom:

Old friend of accuser Constand wraps second week of testimony

An old friend of Bill Cosby’s chief accuser has told the jury that Andrea Constand was passionate about becoming a broadcaster.

Robert Russell testified briefly Friday at Cosby’s sexual assault retrial, noting Constand was excited about getting an interview with TSN, Canada’s version of ESPN.

The defense called Russell to contradict Constand’s testimony that she wasn’t really interested in pursuing a sports broadcasting career despite accepting Cosby’s help and connections.

His questioning marked the end of the trial's 10th day. Testimony resumes Monday.

Defense: Cosby's travel schedule puts him out of town at time of 2004 assault

Jurors were Bill Cosby’s travel records as his lawyers made the case that he never visited his suburban Philadelphia mansion in January 2004, the month he’s accused of drugging and molesting a woman there.

Cosby’s lawyers say the alleged assault on Andrea Constand could not have happened in January 2004, when she says the comedian knocked her out with pills and violated her. The date is important because Cosby was not charged until December 2015, just before the 12-year statute of limitations was set to expire.

The defense produced logs for Cosby’s private jet flights as well as several days’ worth of schedules listing his whereabouts and media appearances. The schedules do not indicate what Cosby was doing during his personal time.

Debbie Meister, his personal assistant, testified the flights on Cosby’s Gulfstream IV – dubbed “Camille” after his wife of more than 50 years – coincided with comedy performances and other events on Cosby’s schedule.

None of the records showed him flying in and out of Philadelphia-area airports from December 2003 to February 2004.

Cosby spokesman Andrew Wyatt said outside court that the records “connect the dots” that the comedian wasn’t around Philadelphia at that time.

Defense seeks to question Constand friend — if they can find her

Before the defense rests its case, they want a chance to question Sheri Williams, a friend of Constand's about her alleged plot to accuse a celebrity of rape in hopes of winning a large settlement.

Constand testified at Cosby’s first trial last year that she and Williams were good friends and would speak “at all hours of the day: morning, noon, and night.” She said they were in touch as she went to police in January 2005 with allegations he drugged and molested her about a year earlier.

But because she has not responded to their subpoenas, they sought O'Neill's permission to read parts of an old deposition from Constand's civil suit into the record as prosecutors did with Cosby's 2005 deposition describing his sexual encounter with Constand and his use of quaaludes.

O’Neill appeared skeptical of the defense request, saying he wants to hear from a witness who can show the defense has made a reasonable effort to serve Williams with a subpoena to testify in person. O’Neill put off a ruling until Monday.

O'Neill said Friday he wants to hear from a witness who can show the defense has made a reasonable effort to serve Williams with a subpoena to testify in person. O'Neill put off a ruling until Monday.

Defense case has already run longer than in first trial

Cosby's retrial has already run twice as long as the original 2017 trial, which ended after six days of testimony and five days of jury deliberations, which ended in a mistrial when they failed to reach a unanimous verdict.

For that trial, Cosby's first defense team chose to call only one witness for the defense and then rested. This time, the defense team led by celebrity lawyer Tom Mesereau has mounted a more elaborate case with a key witness who claims she heard Constand talk about framing a celebrity to make money.

Constand says Cosby drugged her with three small blue pills and molested her. District Attorney Kevin Steele called five other women to testify that Cosby drugged and raped them in episodes dating to the 1980s.

Cosby, 80, says his encounter with Constand was consensual and he gave her Benadryl, an over-the-counter allergy medication.

A pair of drug experts — one for the prosecution and one for the defense — testified Thursday. The prosecution's expert, Dr. Timothy Rohrig, testified that either Benadryl or quaaludes could have had some of the woozy effects Constand described.

A defense drug expert, Harry Milman, testified he doesn't know of any small blue pill that could have produced some of the symptoms Constand described, such as paralysis. He echoed Rohrig's testimony that paralysis is "not really" a side effect of Benadryl.

Montgomery County Judge Steven O'Neill whistles as he walks to the the courtroom for Friday's proceedings. He expects the jury to get the case next week. (Photo: DOMINICK REUTER, AFP/Getty Images)

On Thursday afternoon, Cosby's lawyers tried again to have the case dismissed only to see the effort fail again.

O'Neill rejected a defense motion that he summarily acquit Cosby and send jurors home. Cosby's lawyers argued that prosecutors haven't proved the charges, and there's no evidence to prove the alleged assault happened within the 12-year Pennsylvania statute of limitations.

Prosecutors say both Constand and Cosby have said the encounter was in 2004. Cosby was arrested in 2015, just before the deadline to charge him.