Judge’s two rulings in Cosby retrial boost defense
NORRISTOWN, Pa. — As jury selection picked up speed, the judge in Bill Cosby’s sexual assault retrial gave the comedian’s legal defense a huge lift Tuesday with two rulings that could bolster efforts to show his accuser made up the allegations in hopes of a big payday.
Judge Steven O’neill said the defense can call a witness who says Cosby’s accuser talked about framing a celebrity before she lodged sexual abuse allegations against Cosby, 80, in 2005. The judge also helped the defense case by ruling that jurors can hear how much Cosby ultimately paid the accuser, Andrea Constand, in a 2006 civil settlement.
The rulings came ahead of a productive second day of jury selection in suburban Philadelphia, with a half-dozen jurors picked by midday to bring the total number to seven. Five of the jurors picked so far are white and two are black, with four men and three women.
O’neill’s ruling to allow Marguerite Jackson to take the witness stand was at odds with his decision to block her from testifying at the first trial, which ended in a hung jury.”
Jackson, a longtime Temple official, has said that she and Constand worked closely together, had been friends and had shared hotel rooms several times. She has said Constand once commented to her about setting up a “high-profile person” and filing suit. Constand’s lawyer has said Jackson isn’t telling the truth.
Jackson’s availability as a witness for Cosby could be crucial to a defense plan to attack Constand’s credibility.
O’neill didn’t explain the reasoning behind his change of heart Tuesday but issued one caveat, saying he could revisit the issue of Jackson’s testimony after Constand takes the stand at the retrial.
Cosby is charged with drugging and sexually molesting Constand in 2004. He says the encounter was consensual.