Cosby’s lawyers look to block accusers’ testimony at retrial

Updated March 6, 2018 - 12:05 pm

NORRISTOWN, Pa. — Bill Cosby’s lawyers fought Tuesday to block a parade of women from testifying against him at his upcoming sexual assault retrial, saying the accusers are peddling “ancient allegations” that would prejudice the jury against the 80-year-old comedian.

At the same time, they argued jurors should hear about Cosby’s secret settlement with the woman he’s accused of molesting, aiming to portray her as a money-grubbing liar.

As prosecutors push to widen the scope of Cosby’s April retrial to cast him as one of the biggest serial predators in a Hollywood suddenly aware of sexual misconduct in the #MeToo era, defense lawyer Tom Mesereau said he wants to make the settlement a focal point of the trial on charges Cosby drugged and molested Andrea Constand at his suburban Philadelphia home in 2004.

Mesereau said jurors will learn “just how greedy” Constand was when they hear details about how much money she demanded from Cosby and what the star wound up paying her.

Constand sued Cosby after prosecutors in 2005 declined to press charges. Cosby testified over a decade ago as part of that lawsuit, eventually settling for an undisclosed sum. His deposition was sealed for years until a judge released parts in 2015 at the request of The Associated Press, prompting a new set of prosecutors to take a fresh look at the case and charge him.

The settlement ties directly to a claim from Constand’s former co-worker who said Constand spoke about fabricating sexual assault allegations against a celebrity so she could sue and get money, Mesereau argued Tuesday.

Cosby’s old legal team agreed with prosecutors to keep the settlement out of his first trial.

Judge Steven O’Neill did not immediately rule on the issue of the settlement or whether some of Cosby’s other accusers will be allowed to take the stand.

O’Neill allowed just one other accuser to take the stand at Cosby’s first trial last year, barring any mention of about 60 others who have come forward to accuse Cosby in recent years.

Prosecutors are trying to persuade him to allow as many as 19 other women to take the stand, including model Janice Dickinson, as they attempt to show the comedian had a long history of drugging and attacking women.

They’re also trying to insulate Constand from what a prosecutor called “inevitable attacks” on her credibility.

The defense contended that prosecutors want to call the other accusers to the stand because they’re desperate to bolster an otherwise weak case. Cosby lawyer Becky James told the judge that none of the women should be allowed to tell their stories to a jury because that would subject Cosby to “multiple mini-trials.”

“Even one would be too prejudicial here,” she said. “The inference is too tempting to say, ‘He must’ve done it here, because he did it before.’”

Pennsylvania allows prosecutors to present evidence of alleged past misdeeds if they demonstrate the defendant engaged in a signature pattern of crime. Prosecutors argue Cosby used his power and appeal as a beloved entertainer to befriend younger women, then plied them with drugs or alcohol before assaulting them.

Cosby has pleaded not guilty to charges he assaulted Constand, a Temple University women’s basketball administrator, while he was a powerful alumnus and trustee. He has said the encounter was consensual. He remains free on bail.

Of the other potential witnesses whom prosecutors want to call, the oldest allegation against Cosby dates to 1965 and the most recent is from 1990 or 1996, at least eight years before prosecutors say he assaulted Constand.

The allegations are impossible to defend against, James argued in court.

“It’s not about what happened 50 years ago. It’s not about what happened with other people,” she said. “The jury has to be focused on that one issue.”

Seeking to rebut the defense arguments, prosecutor Adrienne D. Jappe said Tuesday the other accusers show that Cosby had a long history of sexual misconduct.

“I didn’t pick the 19,” Jappe said. “The defendant picked the 19.”

Dave Zuckerman, a former prosecutor who now practices criminal defense in the Pittsburgh area, said the fight over whether other accusers will be allowed to testify is “critically important” to both sides.

For the DA, the ability to have several accusers tell similar stories about Cosby could bolster Constand’s credibility, “which I think might help put the case over the edge in favor of the prosecution,” Zuckerman said.

“Now it becomes more than just one accuser against Bill Cosby,” he said. “Now you have a pattern of multiple women.”

The Associated Press does not typically identify people who say they are victims of sexual assault unless they grant permission, which Constand and Dickinson have done.

ad-high_impact_4
News
Multi-agency DUI Strike Team focused solely on arresting impaired drivers
The newly formed DUI Strike Team made up of Las Vegas police officers and Nevada Highway Patrol Troopers have hit the streets looking for impaired drivers. (K.M. Cannon/Las Vegas Review-Journal)
Christmas Tree Inspection
Nevada Division of Forestry employees search for illegally harvested Christmas trees in local lots during the holidays. (Michael Scott Davidson/Las Vegas Review-Journal)
One dead in a suspected DUI crash in east Las Vegas
The crash was reported just before 4:10 a.m. at Washington and Eastern avenues.
Vegas Homeless Remembered
Las Vegas vigil remembers 179 homeless people who died over the past year in Clark County. (David Guzman/Las Vegas Review-Journal)
A look inside Tesla’s Nevada Gigafactory
Tesla's Gigafactory east of Reno produces the batteries that fuel the company's electric cars. Production has created more than 7,000 jobs, and the campus that includes one of the largest buildings in the world is expected to triple in size by the time it is completed. Tesla Vice President Chris Lister leads a tour of the facility. (Bill Dentzer/Las Vegas Review-Journal)
Garnet Interchange Ribbon Cutting
The Nevada Department of Transportation celebrated the completion of the $63 million I-15-US 93 Garnet Interchange project. The project includes a modified diverging diamond interchange and a 5-mile widening of US 93.
State Foresters Hunt for Record Trees
Urban foresters from the Nevada Division of Forestry hunt for record setting trees.
Rick Davidson directs NFR satellite feed
Rick Davidson directs the Wrangler NFR's live satellite feed from a production trailer outside the Thomas & Mack Center. (Patrick Everson)
Scott Boras, Bryce Harper's agent, speaks to media at baseball's winter meetings
Baseball agent Scott Boras updates media on the contract negotiations of his client Bryce Harper during baseball's winter meetings at Mandalay Bay in Las Vegas, Nevada, on Dec. 12, 2018. (Ron Kantowski/Las Vegas Review-Journal)
Achievement School District
The achievement district faced strong opposition from traditional schools back in its beginnings in 2016. But with schools like Nevada Rise and Nevada Prep, it's slowly and steadily growing. Amelia Pak-Harvey/Las Vegas Review-Journal
Fresno State QB on record-breaking receiver
Fresno State quarterback Marcus McMaryion talks record-setting receiver KeeSean Johnson. Video by Mark Anderson/Las Vegas Review-Journal
The annual 'Shop with a Cop' event at Target
This year’s "Shop with a Cop" event gave about 40 children the chance to shop at Target alongside a North Las Vegas Police officers. Bizuayehu Tesfaye/Las Vegas Review-Journal @Bizutesfaye
Melvin Dummar dead at 74
Melvin Dummar has died at 74. Dummar was famous for claiming to have saved Howard Hughes in a Nevada desert in 1967. Dummar claimed to have been left $156 million in Hughes’ will. The will mysteriously appeared after Hughes’ death in 1976. It was dismissed as a fake two years later. Dummar never saw a dime of the billionaire's fortune. Dummar died Saturday in Nye County.
Officer-involved shooting in Nye County
The Nye County Sheriff's Office gives information about a shooting in Pahrump on Thursday night after a man began firing shots outside of his home. (Nye County Sheriff's Office)
Law Enforcement Active Shooter Training Exercise
Multiple Las Vegas Valley law enforcement agencies held an active shooter drill at the Department of Public Safety’s Parole and Probation office on December 6, 2018. Officials set up the training exercise to include multiple active shooters, a barricaded suspect and multiple casualties. (Katelyn Newberg/ Las Vegas Review-Journal)
Public memorial service for Jerry Herbst
Archiving effort hits milestone at Clark County Museum
The Clark County Museum catalogs the final item from the bulk of Route 91 Harvest festival artifacts. (John Przybys/Las Vegas Review-Journal)
Pearl Harbor survivor Edward Hall talks about his memories of Dec. 7, 1941
U.S. Army Corps Edward Hall, a 95-year-old survivor of Pearl Harbor talks about his memories of that horrific day. Bizuayehu Tesfaye/Las Vegas Review-Journal @bizutesfaye
Final Route 91 Harvest festival remembrance objects catalogued at Clark County Museum
The last of the more than 17,000 items left at the makeshift memorial near the Las Vegas sign after the Oct. 1 shootings have been catalogued at the Clark County Museum in Las Vegas. The final item was a black-and-white bumper sticker bearing "#VEGASSTRONG. An additional 200 items currently on display at the museum will be catalogued when the exhibit comes down. (K.M. Cannon Las Vegas Review-Journal)
Dozier execution timeline
Scott Dozier was set to be executed July 11, 2018, at the Ely State Prison. Judge Elizabeth Gonzalez delayed the execution.
Grand Jury Indicts Constable for theft
A Clark County grand jury indicted Henderson Constable Earl Mitchell. A Las Vegas Review-Journal investigation prompted the criminal probe. The newspaper found Mitchell wrote himself thousands in checks, took out cash at ATMs and traveled on county funds. He faces four felony counts of theft and a county of public misconduct. Mitchell and his attorney could not be reached for comment.
93-year-old WWII veteran arrested during visit to VA hospital
Dr. S. Jay Hazan, 93, a World War II veteran, talks about his arrest during his visit to VA hospital on Friday, Nov. 30. (Erik Verduzco Las Vegas Review-Journal @Erik_Verduzco_
Pearl Harbor survivor struggles in her senior years
Winifred Kamen, 77, survived the attack on Pearl Harbor as an infant, works a 100 percent commission telemarketing job to make ends meet. (K.M. Cannon Las Vegas Review-Journal)
Las Vegas Metropolitan Briefing 18th street gang
Las Vegas Metropolitan briefs the media on the recent arrests made regarding the 18th street gang.
Man shot in Las Vegas traffic stop had knife, police say
Police said the man fatally shot by an officer during a traffic stop in downtown Las Vegas had a “homemade knife.” Demontry Floytra Boyd, 43, died Saturday at University Medical Center from multiple gunshot wounds after officer Paul Bruning, 48, shot him during a traffic stop. Bruning pulled Boyd over on suspicion of driving recklessly at 7:41 a.m. near Sunrise Avenue and 18th Street.
Catahoula dogs rescued from home in Moapa Valley
Catahoula dogs were brought to The Animal Foundation after being rescued from home in Moapa Valley.
Intuitive Forager Kerry Clasby talks about losses in California wildfire
Intuitive Forager Kerry Clasby talks about losses she suffered in California's Woolsey Fire in Malibu in November. (Al Mancini/Las Vegas Review-Journal)
Benefit dinner for Kerry Clasby, the Intuitive Forager
Sonia El-Nawal of Rooster Boy Cafe in Las Vegas talks about having a benefit for Kerry Clasby, known as the Intuitive Forager, who suffered losses on her farm in California’s Woolsey Fire in Malibu. (Al Mancini/Las Vegas Review-Journal)
Former President George H.W. Bush dies at 94
Former President George H.W. Bush has died at the age of 94. He died Friday night in Houston, about eight months after the death of his wife, Barbara.
Entertainment
Spring Preserve kicks off its Holiday Express
Springs Preserve hosts its Holiday Express, which includes a train ride, visits with Santa, SNOW, and a village winter wonderland.
Artists from Cirque du Soleil contribute art to Las Vegas art exhibit
Artists from Cirque du Soleil contribute art to Las Vegas gallery exhibit
Red Plate on the Las Vegas Strip serves a cocktail made with blooming jasmine tea
Red Plate on the Las Vegas Strip serves a cocktail made with jasmine tea
Benny the Ice Skating Dog
Benny is a Las Vegas Labrador who was rescued by former pro skater Cheryl Del Sanyo, and trained to ice skate. (Mat Luschek/Las Vegas Review-Journal)
The Nevada State Museum
The Nevada State Museum of Las Vegas, located at the Springs Preserve, covers all eras of the state, from prehistoric to today.
Throw a better dinner party
Cash appears at Baseball Winter Meetings
Lights FC mascot Cash plays the electronic drums at the EZ Inflatables’ booth on Tuesday at the Baseball Winter Meetings trade show at Mandalay Bay Resort and Casino.
5 albums to soundtrack your holiday gatherings in style
1. Various Artists, “Holidays Rule," with Rufus Wainwright, The Shins, Calexico and more. 2. Various Artists, “We Wish You a Metal Xmas and a Headbanging New Year," with Lemmy Kilmister, Alice Cooper, Chuck Billy and others. 3. Various Artists, “Christmas on Death Row," featuring Snoop Dogg and Nate Dogg to name but a few. 4. Bright Eyes, “A Christmas Album.” 5. Various Artists, "The Motown Christmas Album." (Jason Bracelin/Las Vegas Review-Journal)
Inside the kitchen at Springs Preserve
The staff of Divine Events do party preparation in the kitchen at Divine Cafe at Springs Preserve. With nine parties the following day, this is a particularly busy time for the crew. (Heidi Knapp Rinella/Las Vegas Review-Journal)
WinterFest
WinterFest in Henderson.
Miss Rodeo America Fashion Show
The 28 women contestants of Miss Rodeo America compete in a fashion show at the Tropicana on Dec. 7, 2018.
Tournament Of Kings Holiday Show
Wizards and warriors are ready for the holidays at Excalibur's Tournament of Kings Holiday Dinner Show.
Take a dive with the Silverton mermaids
A visit to the Silverton Casino Hotel is not complete without taking in the popular, and very unique, mermaid show.
Cowboys and western aficionados can buy virtually anything at Cowboy Christmas
Vegas Golden Knights Christmas Display
In the Las Vegas Valley, the chances of getting a white Christmas are slim. But this year, you can have a “Knight” Christmas. A Henderson resident has a Christmas lights display that is synchronized to the entrance music for the Golden Knights. GG Misa’s Knights light show is played every 30 minutes from 5 to 10 nightly. His light show consists of two songs: Mariah Carey’s “All I Want for Christmas Is You” and the entrance music, “Le Castle Vania,” from the movie “John Wick.” The display is located at 730 Bollons Island St. (Richard Brian/Las Vegas Reivew-Journal)
Holiday Hooch At El Cortez is Just in Time For Repeal Day And Christmas
Holiday Hooch At El Cortez Is Just In Time For Repeal Day And Christmas. Janna Karel/Las Vegas Review-Journal
TV's LGBT superheroes
Green Valley Ranch's Winter's Village
The Mob Museum
Best Friend Menu Reveal Wednesday
Chef Roy Choi tells us what to expect from Wednesday’s Facebook Live Menu Reveal for his new Park MGM restaurant Best Friend. (Al Mancini/Las Vegas Review-Journal)
Quick Chat With Criss Angel
James D. Gish and Susan Anton rehearse
Susan Anton will be special guest at James D. Gish’s holiday concerts Dec. 7 at Summerlin Library and Dec. 9 at Clark County Library. (John Przybys/Las Vegas Review-Journal)
Bellagio Winter Wonderland
"Majestic Holiday Magic" at the Bellagio Conservatory.
Underwater Santa At The Silverton
Santa takes a dive Sunday, December 2, at the Silverton Casino Hotel. (Mat Luschek / Review-Journal)
Cowabunga Bay Christmas Town
Las Vegas Natural History Museum
Las Vegas Natural History Museum, which opened in 1991, has exhibits of mechanical dinosaurs and taxidermied animals, along with live snakes, fish and sharks. (Mat Luschek/Las Vegas Review-Journal)
Magical Forest Lights
Cirque Du Soleil Performers Team Up For New Show "Kinekt"
Through dance, acrobatics and aerial arts, “Kinekt” tells a story all too familiar to modern families: how to maintain a human connection in the digital age. (Janna Karel Las Vegas Review-Journal)
Ethel M Holiday Cactus Garden
The Pinball Hall of Fame in Las Vegas
The Pinball Hall of Fame was created by Tim Arnold and opened in 2006. (Mat Luschek/Las Vegas Review-Journal)
TOP NEWS
News Headlines
Home Front Page Footer Listing
Circular
You May Like

You May Like