Daily Local News (West Chester, PA)
Judge issues key rulings for Bill Cosby retrial
NORRISTOWN » A Montgomery County judge said Bill Cosby can present testimony at his sexual assault retrial that his accuser allegedly once told a friend she could fabricate a claim of sexual assault to “get money to go to school and open a business.”
Montgomery County Judge Steven T. O’Neill ruled on Tuesday that Marguerite “Margo” Jackson, described in court papers as “a friend and colleague” of Cosby accuser Andrea Constand, can testify about the alleged discussion when the actor’s retrial gets underway next week.
Meanwhile, jury selection entered the second day as prospective jurors were summoned to the courthouse for the selection process. O’Neill is seeking a jury of 12 and six alternate jurors. The selection process is expected to last several days.
During a hearing last week, Cosby’s defense team argued Constand’s alleged statements to Jackson represent critical evidence for the defense as it demonstrates Constand’s intent to set up Cosby and her motive to do so, and undermines Constand’s credibility as a witness.
“The evidence goes directly to her credibility. This is substantive evidence that goes to the bias and motive of the prosecution’s prime witness,” defense lawyer Becky James argued about the alleged discussion Constand had with Jackson.
Constand, a former Temple University athletic department employee, accused Cosby of having inappropriate sexual contact with her at his Cheltenham home after plying her with blue pills and wine sometime between January and February 2004.
James suggested Jackson’s testimony will provide a glimpse into Constand’s mindset. Defense lawyers revealed that the defense strategy at trial will be that Constand’s motive to accuse Cosby was greed.
But prosecutors had sought to keep Jackson’s
testimony out of the trial.
“The evidence is not relevant. It’s completely speculative. These statements do not express or reveal Ms. Constand’s state of mind,” Assistant District Attorney Kristen Feden argued last week, adding such evidence would be “hearsay.”
According to an affidavit from Jackson that is included with the court documents, Jackson worked with Constand at Temple
University and frequently traveled with the university’s women’s basketball team while Constand was an athletic department employee.
Jackson, according to the affidavit, recalled being on a trip to Rhode Island and rooming with Constand and watching a television news report “about a prominent person who had been accused of drugging and sexually assaulting women.”
“While watching the report, Ms. Constand initially told Ms. Jackson that something like that
had happened to her. After Ms. Jackson asked her whether that had actually happened to her, however, Ms. Constand admitted, ‘No, it didn’t but I could say it did,’ and then added, ‘I could say it happened, file charges and get money to go to school and open a business,’” defense lawyers wrote in court papers.
Cosby’s lawyers suggested the conversation between Constand and Jackson occurred in January or February of 2003 or 2004.
Jackson’s claims initially came to light mid-trial at Cosby’s first trial last June.
At that time, Judge O’Neill denied a request to admit the evidence after Constand claimed she did not remember Jackson and prosecutors argued Jackson’s testimony was hearsay.
Cosby’s new defense team took another stab at getting Jackson’s testimony included at the retrial.
Cosby’s first trial last June ended in a mistrial when jurors could not reach a verdict. District Attorney Kevin R. Steele immediately declared he would seek a retrial.
William Henry Cosby Jr., as his name appears on
charging documents, faces three counts of aggravated indecent assault in connection with allegations he had inappropriate sexual contact with Constand.
In another key ruling on Tuesday, the judge said evidence of a civil settlement between Cosby and Constand, including the monetary amount, is admissible during the sexual assault retrial. However, the judge denied a request by prosecutors to also admit evidence of the settlement negotiations.
During a pretrial hearing two weeks ago, lead defense lawyer Thomas Mesereau
Jr. informed the judge he wanted to introduce evidence of the lawsuit that Constand settled for an undisclosed sum with Cosby in October 2006, hinting at the defense strategy of financial motive and greed. At that time, prosecutors said the negotiations also should be evidence.
Cosby, 80, remains free on 10 percent of $1 million bail, pending the retrial.
The newspaper does not normally identify victims of sex crimes without their consent but is using Constand’s name because she has identified herself publicly.