Tuesday, 22 August, 2017

Lawyer says Cosby encounter was consensual

Will Cosby testify at sex assault trial? Lawyers remain mum Defense In Bill Cosby Sex Assault Trial Rests After Calling Single Witness
Lamar Ellis | 13 June, 2017, 08:36

The defence had more trouble trying to discredit Ms Constand, 44, who spent some seven hours on the witness stand. Cosby's lawyers hammered home the point that she does not know just when it happened, and they questioned why she had regular phone contact with Cosby later that spring, including more than 50 calls to him. But jurors still heard plenty from him as prosecutors read them excerpts from his 2005 police statement and civil deposition.

For a conviction on each of the three counts against Cosby, O'Neill could impose a sentence of up to 10 years on a soon-to-be 80-year-old defendant who says he has lost his sight.

The three charges accuse Cosby of assaulting Constand without her consent, assaulting her when she was unconscious, and assaulting her using drugs to substantially impair her ability to consent.

Jurors were bused from Pittsburgh to the Montgomery County courthouse outside Philadelphia and sequestered in hotels during the trial. The jury could begin deliberations by Monday evening.

Premier criminal defense attorney and former Assistant United States Attorney for the Northern District of Illinois, Mike Monico joins Roe Conn and Anna Davlantes to talk about why Bill Cosby's defense team made its case in only six minutes and compare the case to previous high profile cases.

Cosby's lead lawyer, Brian McMonagle, questioned Sergeant Richard Schaffer for a mere six minutes about a file he had created in 2005 called "Questions for Andrea", in reference to Andrea Constand, who has accused Cosby of sexually assaulting her in 2004. And while she kept her distance from his trial in Pennsylvania during the first week, on Monday, Camille Cosby smiled widely while walking with Bill, and people are pretty uncomfortable with it.

Steele recounted how both Constand and Cosby had referred to pills the entertainer had offered to Constand as her "friends". Constand testified that when she came to, Cosby was sexually assaulting her and she was unable to stop him, feeling "frozen" and "paralyzed". "I said 'I trust you.' I took the pills and I swallowed the pills down". You paid her attention.

Unsealed in 2015, the testimony contains statements from Cosby admitting to giving quaaludes - a sleep aid that became a popular party drug - to women in the 1970s when he wanted to have sex with them.

McMonagle, in his closing argument, tried to sow doubt about Constand's story, saying it had evolved during her interviews with police.

Cosby's words, Andrea Constand's account of his actions, and the taped conversation with her mother were known to all before the trial.

The defense case consisted of a six-minute appearance by a detective, seemingly created to remind jurors that Constand had visited with Cosby at an out-of-state casino and that police knew he had vision problems even then.

"This isn't a civil case like I told you where we're talking about money", he said.

The trial would move to closing arguments on Monday if the defense decided not to put anyone on the stand. "She never said yes", he added.

McMonagle argued that Cosby was guilty of infidelity but no crime.

Experts had said the legal risks would be considerable. He pointed to other private encounters she had with the actor and comedian, including a firelight dinner at his home, and the calls she made to Cosby after the incident.

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