The Commercial Appeal

Cosby allowed to appeal sex conviction

- Maryclaire Dale

PHILADELPH­IA – In a stunning decision that could test the legal framework of #Metoo cases, Pennsylvan­ia's highest court will review the trial decision to let five other accusers testify at Bill Cosby's sexual assault trial in 2018, which ended with his conviction. Cosby, 82, has been imprisoned in suburban Philadelph­ia for nearly two years after a jury convicted him of drugging and sexually assaulting a woman at his home in 2004. He's serving a three- to 10-year sentence. The Supreme Court has agreed to review two aspects of the case, including the judge's decision to let prosecutor­s call the other accusers to testify about long-ago encounters with the once-powerful actor and comedian. Cosby's lawyers have long complained the testimony is remote and unreliable. The court will also consider, as it weighs the scope of the testimony allowed, whether the jury should have heard evidence that Cosby had given quaaludes to women in the past. Secondly, the court will examine Cosby's argument that he had an agreement with a former prosecutor that he would never be charged in the case. Cosby has said he relied on that agreement before agreeing to testify in the trial accuser's lawsuit. Those issues have been at the heart of the case since Cosby was charged in December 2015, days before the 12year statute of limitation­s expired. Prosecutor­s in suburban Philadelph­ia had reopened the case that year after The Associated Press fought to unseal portions of Cosby's decade-old deposition testimony in accuser Andrea Constand's sex assault and defamation lawsuit against Cosby, which he had settled in 2006. Cosby, in the deposition testimony, acknowledg­ed a string of extramarit­al relationsh­ips. He called them consensual, but many of the women say they were drugged and molested.

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