As Cosby trial opens, 1 woman is key to case
Prosecution’s ‘linchpin’ will have to convince jury he’s guilty
Though more than 40 women have accused Bill Cosby of sexual assault, the task of convincing a jury that he is a sexual predator when his criminal trial begins Monday with jury selection will largely fall to just one — Andrea Constand.
Constand, who says Cosby drugged and sexually assaulted her at his home outside Philadelphia in 2004, is the only woman whose complaint has resulted in criminal charges. Many of the other women never called the police, or when they considered it, found that the statute of limitations had expired.
By coming forward, Constand is sure to confront the sort of intense scrutiny that most people do when publicizing claims of sexual assault. And her account, along with how she tells it, will be critically important, not only to the outcome of the case and to the Cosby legacy but also to the many other women who view her as their last chance for justice.
“She is the linchpin of the case,” said Lynne M. Abraham, a former Philadelphia district attorney and judge. “The whole case stands or falls on her. She is it.”
The defense has already indicated it will portray Constand as a scheming former lover who is twisting the truth.
Cosby’s lawyers are likely to ask why she waited nearly a year before bringing her complaint to the police.
And they will ask why she returned to his house after he made earlier sexual advances, and saw him after the incident, bringing along her parents and a family gift.
“It is a terrible thing to have to go through,” said Deborah Tuerkheimer, a law professor at Northwestern University and a former prosecutor. “Being the witness in any case is grueling, but in a sexual assault case, being subject to cross-examination is often so daunting that it’s the reason many do not come forward.”
A review of court records, Constand’s police statements, Cosby’s deposition testimony, and interviews with her friends and colleagues suggests that Constand will present a compelling story of a young woman who ran into a commanding public figure who didn’t hesitate to exploit his money, influence and fame.
Constand’s account is expected to be bolstered by that of another prosecution witness, known only as Kacey, who says that Cosby drugged and assaulted her in 1996. The prosecution had pushed to include the testimony of 12 women, but the judge ruled that only Kacey’s could be included.