Toronto Star

COSBY CHARGED WITH SEX ASSAULT, FREED ON $1M BAIL

‘Strong’ Toronto woman says iconic American comedian drugged, attacked her at his Philadelph­ia mansion in 2004

- JACQUES GALLANT STAFF REPORTER

Out of the torrent of allegation­s of sexual impropriet­y levelled against Bill Cosby by dozens of women, it was the accusation from a Toronto woman that sent the 78year-old television star into a criminal court for the first time on Wednesday.

Cosby, charged with aggravated indecent assault in the case of 42-year-old Andrea Constand, was arraigned before a district court judge in Elkins Park, a suburb of Philadelph­ia. He did not have to enter a plea and will remain free on $1-million bail pending trial. His next court date is Jan. 14.

The offence is punishable by five to 10 years in prison and a $25,000 fine.

The actor, who developed the image of “America’s Dad” largely through his role as Dr. Cliff Huxtable on the popular 1980s’ TV series The Cosby Show, shook his head as reporters shouted questions at him before the hearing. His lawyers also declined to comment.

Constand, a Toronto massage therapist, first told police in 2005 that Cosby drugged her and put his hands down her pants at his mansion in suburban Philadelph­ia in early 2004, when she was working as a basketball manager at Temple University, a school with which Cosby has long been associated.

Prosecutor­s first declined to press charges against Cosby in 2005, but Montgomery County district attorney-elect Kevin Steele said Wednesday’s charge stems from new evidence uncovered earlier this year.

The case was reopened after The Associated Press persuaded a judge this summer to unseal testimony from Constand’s related lawsuit against Cosby, and as dozens of women came forward with similar allegation­s of sexual assault going back decades.

Cosby, through his representa­tives, has accused some of the women of trying to extract money from him or to get ahead in show business.

“She’s a very strong lady. She’ll do whatever they request of her.” DOLORES TROIANI ANDREA CONSTAND’S LAWYER ON HER CLIENT FACING COSBY IN COURT

The 12-year statute of limitation­s for bringing charges in Constand’s case was within days of expiring.

“On behalf of our client, Andrea Constand, we wish to express our appreciati­on to the Montgomery County District Attorney’s Office, the county detectives and the Cheltenham Police Department for the considerat­ion and courtesy they have shown Andrea during this difficult time,” Constand’s lawyer, Dolores Troiani, said in a statement.

“We have the utmost confidence in Mr. Steele, (prosecutor) Ms. (Kristen) Feden and their team, who have impressed us with their profession­alism. In that this matter is now being pursued in the criminal justice system, we will not comment further.”

Constand is ready to face Cosby in court, Troiani said this fall.

“She’s a very strong lady,” Troiani said. “She’ll do whatever they request of her.”

The Star generally does not identify people who say they have been sexually assaulted unless they agree to have their names published, as Constand has done.

A graduate of Albert Campbell Collegiate in Scarboroug­h, Constand has said little about Cosby in the last decade. She declined to comment Wednesday while out walking her dogs in downtown Toronto.

She told the Philadelph­ia Inquirer in 2005 that she went to police because it was the right thing to do.

“What would you do? I did what I thought was right,” she said at the time.

Constand appeared on the front page of the Toronto Sun in July, telling the newspaper her interactio­n with Cosby “doesn’t define me.”

“I don’t want to talk about Cosby,” she told the newspaper. “It’s in the past. I have a whole other life and I am happy.”

Guided by his lawyers, Cosby walked slowly into the courtroom on Wednesday afternoon, using a cane and wearing a grey tweed hoodie sweater.

He seemed to have trouble seeing the paperwork and finding the place to sign, and his lawyers helped him hold the pen. But he seemed at ease, laughing and chatting with his attorneys.

When the judge said, “Good luck, Mr. Cosby,” he shouted: “Thank you!”

Constand considered Cosby a mentor and said he would invite her to his home and out to restaurant­s, and said she absolutely had no romantic interest in him, according to an affidavit of probable cause filed in court Wednesday by investigat­ors.

In his deposition for Constand’s lawsuit, which was settled on confidenti­al terms in 2006, Cosby said he put his hands down Constand’s pants when she visited his home sometime between mid-January and mid-February 2004 and fondled her, taking her silence as a green light. Constand maintains she was semiconsci­ous after he gave her pills he said would relax her.

In court documents, prosecutor­s said the drugs were the cold medicine Benadryl or some other, unidentifi­ed substance.

Cosby testified in the deposition that he obtained quaaludes in the 1970s to give to women he wanted to have sex with. He denied giving women drugs without their knowledge and said he had used the nowbanned sedative “the same as a person would say, ‘Have a drink.’ ”

He said Constand was not upset when she left his home that night. Her lawyer has said Constand is gay and was dating a woman around the time she met Cosby in the early 2000s.

Constand returned to her parents’ home in Ontario within three months of the incident, according to the affidavit from investigat­ors.

She told her mother, Gianna, of the alleged sexual assault on Jan. 13, 2005, and the Constands soon reported it to Durham Regional Police, which forwarded the allegation­s to police in Philadelph­ia.

Gianna Constand called Cosby to confront him, according to the affidavit. When the two spoke, Cosby admitted to fondling and penetratin­g Constand. “In the same call, Cosby apologized and offered to cover any expenses associated with therapy,” says the affidavit.

Women, mostly from the world of modelling, acting or other entertainm­ent fields, have recently come forward and described being offered a drink by Cosby and waking up to find they had been allegedly sexually assaulted.

In many of the cases, the statute of limitation­s to bring criminal charges has expired.

 ?? TODD KOROL/TORONTO STAR ?? Andrea Constand, seen Wednesday in Toronto, first accused Bill Cosby of sexual assault in 2005, a year after an alleged incident at his home.
TODD KOROL/TORONTO STAR Andrea Constand, seen Wednesday in Toronto, first accused Bill Cosby of sexual assault in 2005, a year after an alleged incident at his home.
 ??  ?? A mugshot of Bill Cosby released Wednesday by the district attorney’s office in Elkins Park, Pa.
A mugshot of Bill Cosby released Wednesday by the district attorney’s office in Elkins Park, Pa.
 ?? MARK MAKELA/REUTERS ?? Actor and comedian Bill Cosby arrives with attorney Monique Pressley, right, for his arraignmen­t on sexual assault charges at the Montgomery County Courthouse in Elkins Park, Pa., on Thursday.
MARK MAKELA/REUTERS Actor and comedian Bill Cosby arrives with attorney Monique Pressley, right, for his arraignmen­t on sexual assault charges at the Montgomery County Courthouse in Elkins Park, Pa., on Thursday.

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