Cosby retrial: Topless protester, jury flap
Developments from the first day of Bill Cosby’s sexual assault retrial:
❚ Prosecutor says in opening statement that Cosby paid nearly
$3.4 million.
After hours of lawyers huddling behind closed doors and a brief flurry of attention for a topless protester, the Bill Cosby retrial began with opening statements Monday afternoon, including the acknowledgment that the actor and comedian paid his accuser nearly
$3.4 million in a confidential settlement a dozen years ago.
District Attorney Kevin Steele highlighted the amount during his opening statement in the retrial of Cosby on three counts of aggravated indecent sexual assault of Andrea Constand at his suburban Philadelphia home in 2004.
Constand, a former Temple University basketball manager, says Cosby drugged and molested her. Cosby says their encounter was consensual.
Under their 2006 settlement of a civil suit, the amount paid has been secret, including at Cosby’s first trial last summer, which ended in a hung jury. This time, both sides are allowed to discuss it.
❚ Topless protester identified as former Cosby Show actress.
The proceedings got off to a memorable start as a topless protester with the phrase “Women’s Lives Matter” written in red across her torso jumped a barricade and tried to ambush the comedian as he entered the courthouse.
The woman was identified by the district attorney’s office as Nicolle Rochelle, 39, of Little Falls, N.J. She’s an actress who made multiple appearances on The Cosby Show between 1990 and
1992, according to IMDb. Rochelle got within a few feet of Cosby before sheriff ’s deputies intercepted her. She was charged with disorderly conduct and released.
“The main goal was to make Cosby uncomfortable because that is exactly what he has been doing for decades to women and to show him that the body can be aggressive and empowered,” Rochelle told reporters afterward.
❚ Judge investigates claim about juror’s impartiality.
Before opening statements, Judge Steven O’Neill questioned a woman from last week’s jury selection who stated in an affidavit that one of the jurors told her he believes Cosby is guilty.
O’Neill, Cosby’s defense team and prosecutors spent the morning and most of the afternoon behind closed doors discussing how to proceed.
❚ Retrial unfolds in a new era. Opening statements come as all sides hope to avoid a rerun of the first trial.
A new jury consisting of seven men and five women chosen from within Montgomery County, 10 of them white and two black, will be sequestered during the retrial. Out of dozens of accusations against Cosby, the 2015 criminal charges from the Constand case are the only ones to stick. The others are all too old to prosecute.
Aside from the jury and Cosby’s new legal team (led by Thomas Mesereau), the biggest change is what has happened outside the courtroom: the Me Too movement, which has called out sexual harassment and assault.