The Mercury (Pottstown, PA)

Judge: References to ‘Spanish Fly’ excluded from trial

- By Carl Hessler Jr. chessler@21st-centurymed­ia.com @MontcoCour­tNews on Twitter

NORRISTOWN >> Bill Cosby has won his bid to prevent prosecutor­s from using, at his upcoming trial on charges he sexually assaulted a woman in 2004, references he made to the aphrodisia­c Spanish fly in a 1991 book and television interview.

Ruling against prosecutor­s, Montgomery County Judge Steven T. O’Neill on Friday granted Cosby’s pretrial motion to exclude “all references to Spanish Fly” when the entertaine­r’s trial gets under way on June 5.

Cosby, 79, faces charges of aggravated indecent assault in connection with his alleged contact with Andrea Constand, a former Temple University athletic department employee, after ply-

ing her with blue pills and wine at his Cheltenham home sometime between mid-January and mid-February 2004.

The judge did not elaborate on the ruling but it was based on arguments he heard from the prosecutio­n and defense teams during a pretrial hearing earlier this month.

During that hearing, District Attorney Kevin R. Steele and co-prosecutor­s M. Stewart Ryan and Kristen Feden argued excerpts from Cosby’s book and a television interview should be admissible to “demonstrat­e motive and intent” at Cosby’s upcoming trial.

Referring to Cosby’s 1991 book “Childhood,” prosecutor­s

argued the actor recounted a memory from his youth in which he and his friends seek out “Spanish Fly, an aphrodisia­c so potent that it could have made Lena Horne surrender to Fat Albert.” Cosby, prosecutor­s alleged, wrote that he and his friends needed the aphrodisia­c because females were “never in the mood for us.”

The book excerpts, prosecutor­s maintained, also suggested Cosby “had a willingnes­s and motive to push ‘chemicals’ to obtain sex from the otherwise unwilling victim.”

Prosecutor­s also argued that in a1991 interview on “The Larry King Show,” Cosby extolled Spanish fly as a drug that “all boys from age 11 on up to death” will be searching for.

But defense lawyers Brian J. McMonagle and Angela C. Agrusa asked the judge to keep Cosby’s Spanish fly references out of the trial.

“This is a comedy routine and not relevant. It was comedy. I don’t think it’s worthy of great debate,” McMonagle argued during the April 3 pretrial hearing.

In court papers, defense

lawyers argued Cosby’s remarks were a form of artistic expression and social commentary.

Jury selection for Cosby’s trial begins May 22 in Pittsburgh.

On March 13, the Pennsylvan­ia Supreme Court selected Allegheny County as the site for jury selection. The state’s highest court was responding to O’Neill’s Feb. 27 request that another county be chosen for the jury selection process.

When jury selection does commence, Cosby and his security entourage, county prosecutor­s, defense lawyers, O’Neill and likely a contingent of the judge’s staff will travel to Pittsburgh to select the panel.

Those Pittsburgh-area citizens selected to weigh Cosby’s fate will then be transporte­d to Montgomery County and sequestere­d

in an area hotel for the duration of the trial, which lawyers have implied will last at least two weeks.

The trial represents the first time Cosby, who played Dr. Cliff Huxtable on “The Cosby Show” from 1984 to 1992, has been charged with a crime despite allegation­s from dozens of women who claimed they were assaulted by the entertaine­r.

Cosby currently remains free on 10 percent of $1 million bail. If convicted of the charges at trial, the former sitcom star faces a possible maximum sentence of 15 to 30 years in prison.

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.

 ?? ASSOCIATED PRESS ?? In this Feb. 27, file photo, Bill Cosby departs after a pretrial hearing in his sexual assault case at the Montgomery County Courthouse in Norristown.
ASSOCIATED PRESS In this Feb. 27, file photo, Bill Cosby departs after a pretrial hearing in his sexual assault case at the Montgomery County Courthouse in Norristown.

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