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| Judge rules Bill Cosby must stand trial on sexual assault charges | |
| (35 minutes later) | |
| A judge has rejected a last-ditch effort by attorneys for Bill Cosby to prevent the actor and comedian from facing trial on charges that he drugged and sexually assaulted a Temple University employee. | A judge has rejected a last-ditch effort by attorneys for Bill Cosby to prevent the actor and comedian from facing trial on charges that he drugged and sexually assaulted a Temple University employee. |
| In a packed Montgomery County courtroom before Judge Steven O’Neill, Cosby’s defense team on Thursday called for the judge to dismiss the charges on the basis that his accuser did not testify at a May hearing to determine if there was enough evidence for a trial. | In a packed Montgomery County courtroom before Judge Steven O’Neill, Cosby’s defense team on Thursday called for the judge to dismiss the charges on the basis that his accuser did not testify at a May hearing to determine if there was enough evidence for a trial. |
| Alternatively, attorneys asked O’Neill to order a new preliminary hearing where they could cross-examine Cosby’s accuser. | Alternatively, attorneys asked O’Neill to order a new preliminary hearing where they could cross-examine Cosby’s accuser. |
| O’Neill rejected both requests, paving the way for one of the most high-profile trials of the decade to begin as early as this summer. “This case shall proceed to trial,” said O’Neill, who will be the judge in Cosby’s trial. | O’Neill rejected both requests, paving the way for one of the most high-profile trials of the decade to begin as early as this summer. “This case shall proceed to trial,” said O’Neill, who will be the judge in Cosby’s trial. |
| Cosby is charged with sexually assaulting Andrea Constand, a former Temple University employee who considered Cosby to be a mentor, at his Pennsylvania home in 2004. (Cosby holds an honorary degree from Temple.) | Cosby is charged with sexually assaulting Andrea Constand, a former Temple University employee who considered Cosby to be a mentor, at his Pennsylvania home in 2004. (Cosby holds an honorary degree from Temple.) |
| She was one of the first women to accuse Cosby of sexual abuse, long before the public accusations numbered in the dozens. Cosby is fighting numerous civil cases based on those claims. But so far, Constand’s are the only accusations against the television star to result in criminal charges. | She was one of the first women to accuse Cosby of sexual abuse, long before the public accusations numbered in the dozens. Cosby is fighting numerous civil cases based on those claims. But so far, Constand’s are the only accusations against the television star to result in criminal charges. |
| Cosby, who is 78, sat at the defense table with his eyes fixed on Christopher Tayback, one of his attorneys. He entered court using a cane and leaning on the arm of an aide. | Cosby, who is 78, sat at the defense table with his eyes fixed on Christopher Tayback, one of his attorneys. He entered court using a cane and leaning on the arm of an aide. |
| Constand, who now resides in Toronto, was not present for Thursday’s hearing. Prosecutors have vowed that she will testify at trial, potentially alongside some of Cosby’s other accusers. | Constand, who now resides in Toronto, was not present for Thursday’s hearing. Prosecutors have vowed that she will testify at trial, potentially alongside some of Cosby’s other accusers. |
| After a long legal battle, Montgomery County prosecutors were thought to have cleared the final obstacle in the way of bringing the comedian to trial when they prevailed in the 24 May hearing. | After a long legal battle, Montgomery County prosecutors were thought to have cleared the final obstacle in the way of bringing the comedian to trial when they prevailed in the 24 May hearing. |
| But Thursday’s appearance by Cosby and his lawyers presented a new challenge. | But Thursday’s appearance by Cosby and his lawyers presented a new challenge. |
| At issue was the fact that Constand did not testify before Judge Elizabeth McHugh ruled that prosecutors had enough evidence to go to trial. McHugh held that the standard of evidence at a preliminary hearing allowed prosecutors to present the basics of their case without Constand testifying or facing cross-examination. Instead, at the May evidentiary hearing, prosecutors offered hearsay; three detectives who interviewed Constand and Cosby in 2005 read lengthy portions of transcripts and Constand’s official statement. | At issue was the fact that Constand did not testify before Judge Elizabeth McHugh ruled that prosecutors had enough evidence to go to trial. McHugh held that the standard of evidence at a preliminary hearing allowed prosecutors to present the basics of their case without Constand testifying or facing cross-examination. Instead, at the May evidentiary hearing, prosecutors offered hearsay; three detectives who interviewed Constand and Cosby in 2005 read lengthy portions of transcripts and Constand’s official statement. |
| Under a higher court ruling, Pennsylvania currently permits hearsay to take the place of victim testimony at a preliminary hearing. But the issue is up for review by the state supreme court, opening the door for Thursday’s challenge. | Under a higher court ruling, Pennsylvania currently permits hearsay to take the place of victim testimony at a preliminary hearing. But the issue is up for review by the state supreme court, opening the door for Thursday’s challenge. |
| “I am not persuaded that it is the role of this court to go in direct contravention of our superior court,” Judge O’Neill said. “The commonwealth does not have to present live witnesses,” and it has made their case for going to trial. | “I am not persuaded that it is the role of this court to go in direct contravention of our superior court,” Judge O’Neill said. “The commonwealth does not have to present live witnesses,” and it has made their case for going to trial. |
| Prosecutors argued that Thursday’s hearing was another stalling tactic. | Prosecutors argued that Thursday’s hearing was another stalling tactic. |
| “These folks are trying not to get to trial,” said Kevin Steele, the district attorney, on Thursday. “When they want to confront the witness, they can confront her at trial.” | “These folks are trying not to get to trial,” said Kevin Steele, the district attorney, on Thursday. “When they want to confront the witness, they can confront her at trial.” |
| It was his prerogative, Steele said, to shield alleged sex crime victims from harsh cross-examination before trial. “It’s our position that we’re not going to re-traumatize victims,” Steele said. | It was his prerogative, Steele said, to shield alleged sex crime victims from harsh cross-examination before trial. “It’s our position that we’re not going to re-traumatize victims,” Steele said. |
| The road to prosecuting Cosby has been fraught. In 2005, the Montgomery County district attorney declined to prosecute. Constand’s accusations faded from the public mind after she and Cosby settled her civil suit in 2006. | The road to prosecuting Cosby has been fraught. In 2005, the Montgomery County district attorney declined to prosecute. Constand’s accusations faded from the public mind after she and Cosby settled her civil suit in 2006. |
| Then the contents of Cosby’s depositions became public. Steele announced charges just before he was barred by a 12-year statute of limitations. The charges of aggravated indecent assault carry up to 10 years in prison. | Then the contents of Cosby’s depositions became public. Steele announced charges just before he was barred by a 12-year statute of limitations. The charges of aggravated indecent assault carry up to 10 years in prison. |
| Immediately, Cosby’s attorneys fought before O’Neill to dismiss the case on the basis that a former prosecutor vowed not to bring charges if Cosby testified in Constand’s civil case. O’Neill rejected those arguments in February. On Thursday, lawyers for Cosby indicated that they would once again challenge the use of Cosby’s civil suit deposition in a criminal trial. | Immediately, Cosby’s attorneys fought before O’Neill to dismiss the case on the basis that a former prosecutor vowed not to bring charges if Cosby testified in Constand’s civil case. O’Neill rejected those arguments in February. On Thursday, lawyers for Cosby indicated that they would once again challenge the use of Cosby’s civil suit deposition in a criminal trial. |
| Cosby maintains that any sexual contact he has had with his accusers – including encounters he acknowledges having with Constand – was consensual. | Cosby maintains that any sexual contact he has had with his accusers – including encounters he acknowledges having with Constand – was consensual. |
| “Today someone who has given so much to so many had his constitutional rights trampled upon,” said Brian McGonagle, Cosby’s lead defense lawyer, after the ruling. | “Today someone who has given so much to so many had his constitutional rights trampled upon,” said Brian McGonagle, Cosby’s lead defense lawyer, after the ruling. |
| The May hearing gave prosecutors a chance to showcase some of their evidence against Cosby. In a transcript of Constand’s January 2005 interview with police, Constand claimed that Cosby invited her to his home for a conversation about her future. Over her protestations, he urged her to drink wine and take pills that immobilized her, made it impossible for her to speak, and made her legs feel “like jelly”. Cosby laid her out on the couch, Constand claimed, where he put his hand in her pants and touched her genitals, and fondled her breasts. | The May hearing gave prosecutors a chance to showcase some of their evidence against Cosby. In a transcript of Constand’s January 2005 interview with police, Constand claimed that Cosby invited her to his home for a conversation about her future. Over her protestations, he urged her to drink wine and take pills that immobilized her, made it impossible for her to speak, and made her legs feel “like jelly”. Cosby laid her out on the couch, Constand claimed, where he put his hand in her pants and touched her genitals, and fondled her breasts. |
| “I told him, ‘I can’t even talk’ … I started to panic,” Constand told police in 2005. | “I told him, ‘I can’t even talk’ … I started to panic,” Constand told police in 2005. |