Judge weighing pretrial issues
Ruling expected Monday in Bill Cosby case
NORRISTOWN » A judge is expected to rule on Monday if 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 must decide if 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 un-
derway.
After concluding two days of pretrial hearings on Friday, O’Neill hinted he may issue a ruling later in the day. However, by the close of courthouse business on Friday, O’Neill had not issued that ruling.
Defense lawyer Becky S. James 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.
“This evidence goes directly to her credibility. We know that her credibility will be the primary issue in the case,” James argued about the alleged discussion Constand had with Jackson. “This is substantive evidence that goes to the bias and motive of the prosecution’s prime witness.”
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.
“Ms Jackson has no reason to lie, no reason to be fabricating anything in this case,” James argued.
But Assistant District Attorney Kristen Feden argued Jackson’s testimony should not be permitted at trial.
“The evidence is not relevant. It’s completely speculative. These statements do not express or reveal Ms. Constand’s state of mind,” Feden argued, adding such evidence would be “hearsay.” “We do not concede
this happened.”
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,’” the 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.
On Friday, the judge also heard arguments from lawyers concerning the admissibility of Cosby’s civil deposition testimony, which included statements he obtained quaaludes in the past to give to women with whom he wanted to have sex.
The judge also took the matter under advisement.
Prosecutors alleged Cosby provided the incriminating testimony while being deposed in connection with a 2005 civil suit brought against him by Constand.
“These are his admissions directed at a crucial issue in the case. It’s written on paper under oath,” Assistant District Attorney M. Stewart Ryan argued,
Ryan argued the evidence is relevant because it tends to prove the prosecution’s theory that Cosby, at the time he allegedly drugged Constand, had knowledge of powerful drugs and their effects.
But James argued discussions about a party drug that go back to the 1970s are not relevant to the current charges against Cosby.
“There was never any admission in deposition testimony about giving anyone drugs or quaaludes without their knowledge,” James argued, adding such testimony would be prejudicial to Cosby.
During Cosby’s first trial last June, O’Neill did allow portions of Cosby’s deposition testimony to be heard by that jury, which ultimately, could not reach a verdict.
Jury selection for the retrial is set to begin on Monday. Testimony at the trial won’t get underway before Monday, April 9, according to testimony. Once the complete jury of 12 and six alternate jurors is selected that jury will be sequestered at an area hotel for the duration of the trial.
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.
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.
“This evidence goes directly to her credibility. We know that her credibility will be the primary issue in the case.” — defense lawyer Becky James
“The evidence is not relevant. It’s completely speculative. These statements do not express or reveal Ms. Constand’s state of mind.” — Montgomery County Assistant District Attorney Kristen Feden