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Bill Cosby Trial Awaits Andrea Constand’s Appearance Bill Cosby Trial Awaits Andrea Constand’s Appearance
(35 minutes later)
• Day 2 of the criminal trial of Bill Cosby opened on Tuesday and the focus is expected to center on the accusations made by the complainant, Andrea Constand, a former Temple University employee who says he drugged and sexually assaulted her at his home outside Philadelphia.• Day 2 of the criminal trial of Bill Cosby opened on Tuesday and the focus is expected to center on the accusations made by the complainant, Andrea Constand, a former Temple University employee who says he drugged and sexually assaulted her at his home outside Philadelphia.
• When Ms. Constand will testify remains unclear, but the defense made it apparent Monday that its cross-examination of her would be an aggressive effort to undermine her credibility.• When Ms. Constand will testify remains unclear, but the defense made it apparent Monday that its cross-examination of her would be an aggressive effort to undermine her credibility.
• On Tuesday, the prosecution began the day by calling two new witnesses to testify in support of Kelly Johnson, a woman who on Monday said that Mr. Cosby had also drugged and sexually assaulted her in 1996.• On Tuesday, the prosecution began the day by calling two new witnesses to testify in support of Kelly Johnson, a woman who on Monday said that Mr. Cosby had also drugged and sexually assaulted her in 1996.
• One witness was Ms. Johnson’s mother and the other was a lawyer who once represented her, and both said Ms. Johnson had described an attack to them.• One witness was Ms. Johnson’s mother and the other was a lawyer who once represented her, and both said Ms. Johnson had described an attack to them.
• Mr. Cosby, who denies misconduct with either woman, is not on trial for any conduct related to Ms. Johnson. Her testimony Monday was intended to show that he has a pattern of drugging and assaulting women.• Mr. Cosby, who denies misconduct with either woman, is not on trial for any conduct related to Ms. Johnson. Her testimony Monday was intended to show that he has a pattern of drugging and assaulting women.
Prosecutors must now decide when to introduce Ms. Constand herself and other key evidence — deposition testimony by Mr. Cosby in 2005 when he admitted to obtaining quaaludes to have sex with women. Mr. Cosby has said he would not testify.Prosecutors must now decide when to introduce Ms. Constand herself and other key evidence — deposition testimony by Mr. Cosby in 2005 when he admitted to obtaining quaaludes to have sex with women. Mr. Cosby has said he would not testify.
She said Mr. Cosby, a client of her boss, an agent at the William Morris Agency in Los Angeles, had given her a large white pill and then sexually assaulted her. Her complaint did not surface until 2015 because, Ms. Johnson testified, she was afraid to come forward.She said Mr. Cosby, a client of her boss, an agent at the William Morris Agency in Los Angeles, had given her a large white pill and then sexually assaulted her. Her complaint did not surface until 2015 because, Ms. Johnson testified, she was afraid to come forward.
But Brian J. McMonagle, Mr. Cosby’s lawyer, told the jury on Monday that when Ms. Johnson complained to human resources at the agency and later, when she filed a workers’ compensation claim, she never made any accusation that Mr. Cosby had assaulted her. “At no time was she forced to have sex and when she said no, he said O.K.,” Mr. McMonagle said.But Brian J. McMonagle, Mr. Cosby’s lawyer, told the jury on Monday that when Ms. Johnson complained to human resources at the agency and later, when she filed a workers’ compensation claim, she never made any accusation that Mr. Cosby had assaulted her. “At no time was she forced to have sex and when she said no, he said O.K.,” Mr. McMonagle said.
But Judge Steven T. O’Neill agreed to allow the testimony of Ms. Johnson’s mother, Pattrice Sewell, and Joseph Miller, a lawyer from the time Ms. Johnson worked for William Morris.But Judge Steven T. O’Neill agreed to allow the testimony of Ms. Johnson’s mother, Pattrice Sewell, and Joseph Miller, a lawyer from the time Ms. Johnson worked for William Morris.
Ms. Sewell said that Mr. Cosby and her daughter had been friends, and that just as Mr. Cosby had invited Ms. Constand’s family to a show, he had invited Ms. Johnson and her family to a show in Las Vegas.Ms. Sewell said that Mr. Cosby and her daughter had been friends, and that just as Mr. Cosby had invited Ms. Constand’s family to a show, he had invited Ms. Johnson and her family to a show in Las Vegas.
“She was very proud to introduce her family to Mr. Cosby,” Ms. Sewell said from the stand. “We admired him.”“She was very proud to introduce her family to Mr. Cosby,” Ms. Sewell said from the stand. “We admired him.”
But then Ms. Sewell described what she said her daughter later told her about a 1996 incident at a hotel in California where, Ms. Johnson says, Mr. Cosby drugged and assaulted her.But then Ms. Sewell described what she said her daughter later told her about a 1996 incident at a hotel in California where, Ms. Johnson says, Mr. Cosby drugged and assaulted her.
She said her daughter told her: “He said she should take this pill. It would calm her down.”She said her daughter told her: “He said she should take this pill. It would calm her down.”
Ms. Johnson testified on Monday that the pill made her feel as if she were underwater, and that she later awoke and Mr. Cosby made her touch his penis.Ms. Johnson testified on Monday that the pill made her feel as if she were underwater, and that she later awoke and Mr. Cosby made her touch his penis.
Ms. Sewell said her daughter became depressed, turned inward and later left the agency.Ms. Sewell said her daughter became depressed, turned inward and later left the agency.
The defense said Ms. Johnson left the agency, not because of Mr. Cosby, but because she was confronted by the agency for having a relationship with another client with whom she had ultimately had a child.The defense said Ms. Johnson left the agency, not because of Mr. Cosby, but because she was confronted by the agency for having a relationship with another client with whom she had ultimately had a child.
Mr. Miller, the lawyer who spoke with Ms. Johnson when she made a workers’ compensation claim, said she had told him about the incident at the hotel.Mr. Miller, the lawyer who spoke with Ms. Johnson when she made a workers’ compensation claim, said she had told him about the incident at the hotel.
“He had taken out his penis,” the lawyer said, relating Ms. Johnson’s account, “and had put lubricant on his penis and had wanted him to fondle him and she didn’t want to do that.”“He had taken out his penis,” the lawyer said, relating Ms. Johnson’s account, “and had put lubricant on his penis and had wanted him to fondle him and she didn’t want to do that.”
Detective David Mason, of the Durham Regional Police near Toronto, said he spoke with Ms. Constand, who had left Temple University and moved home to Canada, in January 2005. He said that she had recounted the 2004 incident in Pennsylvania that is the subject of the criminal complaint, telling the detective that Mr. Cosby had given her what he described as herbal pills.
“She started feeling dizzy and her legs were feeling jelly,” he said she told him, and she remembered Mr. Cosby lying next to her, touching her breast, placing her hand on his penis. She did not recall having intercourse, she said, but “she said she could tell that something foreign was in her body.”
Mr. Cosby has acknowledged the encounter, and said that the pills were Benadryl and that the sexual encounter was consensual.
Under cross-examination by Mr. McMonagle, the detective said Ms. Constand told him she had never been alone with Mr. Cosby before that night, and rarely had contact with him afterward, both points the defense has disputed. On Monday, the defense said, for example, that it had evidence that Ms. Constand had called Mr. Cosby 53 times after the night in question.
The hearing transcript released Tuesday indicated that during jury selection, Mr. Cosby’s lawyers had asked for a postponement so that a more racially diverse jury could be found. At that point, five of the 12 jurors had been selected and none was black.The hearing transcript released Tuesday indicated that during jury selection, Mr. Cosby’s lawyers had asked for a postponement so that a more racially diverse jury could be found. At that point, five of the 12 jurors had been selected and none was black.
“We fear that there is a distinct possibility that there won’t be any diversity whatsoever on this jury in a case in which an African-American is charged with a sexual assault on a Caucasian,” Mr. Cosby’s lawyer, Mr. McMonagle, said at a hearing.“We fear that there is a distinct possibility that there won’t be any diversity whatsoever on this jury in a case in which an African-American is charged with a sexual assault on a Caucasian,” Mr. Cosby’s lawyer, Mr. McMonagle, said at a hearing.
But Judge O’Neill denied the motion seeking the postponement, and jurors were selected from Allegheny County, far west of the Philadelphia suburbs where the trial is unfolding, so as to avoid any taint of pretrial publicity. Some 13 percent of the county’s residents are black, according to United States census data.But Judge O’Neill denied the motion seeking the postponement, and jurors were selected from Allegheny County, far west of the Philadelphia suburbs where the trial is unfolding, so as to avoid any taint of pretrial publicity. Some 13 percent of the county’s residents are black, according to United States census data.
“As we continue to select, we should be in a position where we could select a diverse group of Pittsburgh and Allegheny citizens who might be able to render an impartial verdict,” he said.“As we continue to select, we should be in a position where we could select a diverse group of Pittsburgh and Allegheny citizens who might be able to render an impartial verdict,” he said.
The jury ultimately selected includes two black people.The jury ultimately selected includes two black people.