The Mercury News

Cosby’s graphic testimony could undercut his defense

- By The Associated Press

NORRISTOWN, PA. >> Bill Cosby’s own words from 2005 might have undercut his defense on sexual-assault charges.

Prosecutor­s on Tuesday sought to maximize the impact of Cosby’s graphic deposition, in which he testified about his sexual encounter with chief accuser Andrea Constand and acknowledg­ed apologizin­g to her mother a year later “because I’m thinking this is a dirty old man with a young girl.”

Cosby, 80, testified more than a dozen years ago as part of a civil lawsuit that Constand filed against him, and prosecutor­s won the right to introduce it at his sexual-assault retrial on charges he drugged and molested her at his suburban Philadelph­ia home.

In a transcript read to the jury, Cosby testified he believed the encounter was in 2004, underminin­g his defense team’s assertion that it had to have been earlier and thus outside the criminal statute of limitation­s. Cosby was charged in late 2015.

Cosby also testified he didn’t think Constand had come forward to collect a big payday. But his defense team has called Constand a “con artist” who set him up by leveling false accusation­s of sexual assault.

Montgomery County Detective James Reape, who has been working on the Cosby investigat­ion since it was reopened in 2015, told jurors he wasn’t concerned about inconsiste­ncies in Constand’s story, such as her early uncertaint­y over the date of the alleged assault, because Cosby’s testimony had filled in many of the blanks.

“The defendant said it happened. The defendant said it happened in 2004. The defendant said he was present. The defendant admitted to the contact that she said happened,” Reape told jurors. “When I look at who, what, when, where, why in 2015, I’m able to see the answers.”

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