The Denver Post

Prosecutor: Bill Cosby paid accuser nearly $3.4M

- By Michael R. Sisak

PA.» Bill Cosby paid nearly $3.4 million to the woman he is charged with sexually assaulting, a prosecutor revealed to jurors Monday, answering one of the biggest questions surroundin­g the case as the comedian’s retrial got underway.

District Attorney Kevin Steele highlighte­d the 2006 civil settlement during his opening statement, in an apparent attempt to suggest Cosby wouldn’t have paid out so much money if the accusation­s against him were false. Cosby’s lawyers have signaled they intend to use the settlement to argue that Andrea Constand falsely accused the former TV star in hopes of landing a big payoff.

The amount had been confidenti­al — and was kept out of the first trial — but a judge ruled that both sides could discuss it at this one.

Cosby, 80, is charged with drugging and molesting Constand, a former employee of Temple University’s basketball program, at his suburban Philadelph­ia home in 2004.

Constand says he gave her pills that made her woozy, then penetrated her with his fingers as she lay incapacita­ted, unable to tell him to stop.

“She’s unconsciou­s. She’s out of it,” Steele said. “She will describe how her body felt during this circumstan­ce. She’s jolted during this. She feels herself being violated . ... And she’ll tell you she remembers waking up on this sofa with her clothes disheveled at 4 o’clock in the morning. This is hours after this starts.”

A lawyer not associated with the trial said Monday the settlement amount could figure prominentl­y in the prosecutio­n’s case.

“The question that I’m sure we’re going to hear a lot about is, why would an innocent man pay $3.38 million for something he didn’t do?” said Dennis McAndrews, who prosecuted chemical heir John E. duPont for murder in 1997.

The defense will deliver its opening statement on Tuesday in a trial expected to last a month.

Cosby’s first trial last spring ended with the jury hopelessly deadlocked. The comedian faces three counts of aggravated indecent assault, each punishable by up to 10 years in prison.

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