The Mercury (Pottstown, PA)

COSBY TRIAL BEGINS

Prosecutor says Bill Cosby paid female accuser nearly $3.4M

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

NORRISTOWN » Actor Bill Cosby was a trusted mentor who betrayed the friendship he had with former Temple University athletic department employee Andrea Constand by drugging and sexually assaulting her at his Cheltenham mansion, a prosecutor argued to a jury.

“This is a case about trust. This is a case about betrayal and that betrayal leading to the sexual assault of a woman named Andrea Constand,” Montgomery County District Attorney Kevin R. Steele suggested to jurors during his opening statement as Cosby’s sexual assault retrial got under way on Monday.

“When someone is drugged, they do not have the ability to consent. That takes it away,” Steele added during a 75 minute opening statement.

Defense lawyer Thomas Mesereau Jr. will give his opening statement to jurors on Tuesday morning. Mesereau, who successful­ly represente­d singer Michael Jackson on molestatio­n charges in 2004, is expected reveal a defense strategy that will portray Constand as greedy and having a financial motive to lie.

For the first time publicly, it was revealed, during Steele’s opening statement, that Cosby entered into a $3,380,000 civil settlement with Constand in October 2006. Judge Steven

T. O’Neill ruled previously that evidence of the civil settlement between Cosby and Constand, including the previously undisclose­d monetary amount, was admissible evidence at the criminal trial.

Evidence of the civil settlement was not part of Cosby’s first trial in June 2017, which ended in a mistrial after jurors could not reach a verdict after two weeks of testimony and deliberati­ons.

Steele’s opening statement didn’t come until late afternoon because the lawyers and the judge spent the morning in seclusion dealing with a defense request to have one male juror removed. In court papers, defense lawyers claimed a woman who was a prospectiv­e juror, during the selection process on April 4, overhead a man who subsequent­ly was seated on the jury say to others, “I just think he’s guilty, so we can all be done and get out of here.”

Defense lawyers suggested that juror “may hold a fixed opinion” about the case.

All 18 jurors, the primary panel of 12 and the six alternates, were individual­ly questioned by the judge and the lawyers out of earshot of the public and the media during the course of several hours on Monday. When the retrial did begin all the jurors that were selected last week remained on the panel. No juror was dismissed.

The day began dramatical­ly when a topless protester leaped over a metal barricade and ran in front of Cosby and his publicists as they were on the walkway heading into the courthouse. The half-naked woman, her upper body adorned in red and black body paint listing the first names of Cosby’s accusers, shouted, “Hey, Hey Hey Women’s Lives Matter.”

Cosby and his publicists stopped in their tracks and county sheriff’s deputies immediatel­y swarmed around the woman, forced her to the ground and took her into custody.

Officials identified the woman as Nicolle Rochelle, 38, of Little Falls, N.J. Rochelle faces a summary charge of disorderly conduct in connection with the 8:35 a.m. incident. With the charge, authoritie­s alleged Rochelle had “the intent to cause a public inconvenie­nce, annoyance or alarm… or created “a physically offensive condition” that served no legitimate purpose.

A conviction of a summary offense, which is similar to a traffic violation, usually carries a fine and no jail time.

Wearing a dark pinstriped suit, Cosby, 80, who is reportedly legally blind, appeared to listen attentivel­y as Steele presented his opening remarks to the jury.

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.

William Henry Cosby Jr., as his name appears on charging documents, faces three counts of aggravated indecent assault in connection with his alleged contact with Constand.

Constand didn’t report the incident to police until January 2005, about a year after it allegedly occurred.

After an investigat­ion, in February 2005, then District Attorney Bruce L. Castor Jr. declined to file charges against Cosby, maintainin­g there was insufficie­nt evidence to do so.

Prosecutor­s reopened the investigat­ion of Cosby in July 2015 after portions of Cosby’s deposition connected to the civil suit was unsealed by a judge. In that deposition, Cosby gave damaging testimony, allegedly admitting he obtained quaaludes to give to women with whom he wanted to have sex.

The charges were lodged against Cosby on Dec. 30, 2015, before the 12-year statute of limitation­s to file charges expired.

Cosby, who did not testify during the first trial, has maintained the contact he had with Constand was consensual. If convicted of the charges, Cosby faces a possible maximum sentence of 15 to 30 years in prison.

Cosby remains free on 10 percent of $1 million bail, pending the outcome of his trial.

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 ?? Bill Cosby leaves his sexual assault trial at the Montgomery County Courthouse Monday in Norristown.
ASSOCIATED PRESS Bill Cosby leaves his sexual assault trial at the Montgomery County Courthouse Monday in Norristown.
 ?? ASSOCIATED PRESS ?? A protester is detained as Bill Cosby arrives for his sexual assault trial at the Montgomery County Courthouse Monday in Norristown. The woman was identified as actress Nicolle Rochelle, who appeared on several episodes of “The Cosby Show.”
ASSOCIATED PRESS A protester is detained as Bill Cosby arrives for his sexual assault trial at the Montgomery County Courthouse Monday in Norristown. The woman was identified as actress Nicolle Rochelle, who appeared on several episodes of “The Cosby Show.”
 ?? ASSOCIATED PRESS ?? A protester gets in position before Bill Cosby arrives for his sexual assault trial at the Montgomery County Courthouse Monday in Norristown.
ASSOCIATED PRESS A protester gets in position before Bill Cosby arrives for his sexual assault trial at the Montgomery County Courthouse Monday in Norristown.
 ?? ASSOCIATED PRESS ?? Sonia Ossorio, center, president of the National Organizati­on for Women of New York, leads a group in protest, after Bill Cosby arrives for his sexual assault trial at the Montgomery County Courthouse Monday in Norristown.
ASSOCIATED PRESS Sonia Ossorio, center, president of the National Organizati­on for Women of New York, leads a group in protest, after Bill Cosby arrives for his sexual assault trial at the Montgomery County Courthouse Monday in Norristown.
 ?? ASSOCIATED PRESS ?? A protester is detained after Bill Cosby arrives for his sexual assault trial at the Montgomery County Courthouse Monday in Norristown. The woman was identified as actress Nicolle Rochelle, who appeared on several episodes of “The Cosby Show.”
ASSOCIATED PRESS A protester is detained after Bill Cosby arrives for his sexual assault trial at the Montgomery County Courthouse Monday in Norristown. The woman was identified as actress Nicolle Rochelle, who appeared on several episodes of “The Cosby Show.”

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