DA Wants 19 Cosby Accusers to Testify at Retrial
As Bill Cosby's retrial on sexual assault charges approaches, Montgomery County prosecutors are seeking to introduce testimony from more women who have accused Cosby of sexual misconduct—18 more than the court allowed at his first trial, to be exact.
January 18, 2018 at 01:23 PM
3 minute read
Bill Cosby. Photo: Shutterstock.com
As Bill Cosby's retrial on sexual assault charges approaches, Montgomery County prosecutors are seeking to introduce testimony from more women who have accused Cosby of sexual misconduct—18 more than the court allowed at his first trial, to be exact.
The Montgomery County District Attorney's Office filed a motion Thursday in the Montgomery County Court of Common Pleas, arguing that although the criminal charges Cosby is facing relate only to allegations by one woman—Andrea Constand—prosecutors should be allowed to present testimony of other women who have accused Cosby of sexually assaulting them. The motion included accounts from 19 women the prosecutors hope to call as witnesses.
At Cosby's first criminal trial, in June, Judge Steven T. O'Neill allowed testimony from just one prior bad acts witness, who alleges that Cosby drugged and sexually assaulted her in 1996. Prosecutors had asked the court to allow 13 prior bad acts witnesses at the first trial.
Cosby's first trial ended in a mistrial, after a jury from Pittsburgh deliberated for five days and was unable to reach a verdict. His retrial is set to begin April 2. He is facing three charges of aggravated indecent assault, based on Constand's allegations that he drugged and sexually assaulted her at his Cheltenham home in 2004.
In their most recent motion, prosecutors argued that the accounts of other women are relevant because they show a common scheme to each alleged assault, and the absence of mistake. In addition, the motion said, the evidence is admissible under the doctrine of chances, also known as the doctrine of objective improbability.
“Under this non-character-based theory of logical relevance, as the number of victims reporting similar drug-induced sexual assaults by defendant increases, so does the objective improbability that defendant mistakenly assessed each victim's level of consciousness when engaging in sexual contact with her,” the district attorney's motion said.
According to the motion, the District Attorney's Office has investigated more than 50 allegations against Cosby of drug-facilitated sexual assault. Dozens of women have made those accusations publicly, and several have filed civil lawsuits against Cosby, some of which are ongoing.
The 19 women the district attorney hopes to call as witnesses, including the six new accusers, have alleged that Cosby assaulted them between 1965 and 1996. The most recent allegations are from the woman who testified at the first trial. Most of the alleged assaults took place in the 1970s and 1980s.
Montgomery County District Attorney Kevin Steele announced the charges against Cosby in December 2015, just before the 12-year statute of limitations on Constand's allegations was set to expire. Constand originally went to law enforcement in 2005, but then-Montgomery County District Attorney Bruce Castor Jr. declined to prosecute Cosby. Constand brought a civil suit against Cosby, which ended in a confidential settlement in 2006.
Constand and Castor are currently embroiled in their own civil litigation. Constand has sued Castor in federal court, alleging he defamed her in his statements about the 2005 investigation. Castor has sued Constand in Philadelphia court, alleging that she only brought the defamation claims to destroy Castor's political career.
Andrew Wyatt, a spokesman for Cosby's legal team, declined to comment on the motion.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllPhila. Med Mal Lawyers In for Busy Year as Court Adjusts for Filing Boom
3 minute read'Recover, Reflect, Retool and Retry': Lessons From Women Atop Pa. Legal Community
3 minute readEDPA's New Chief Judge Plans to Advance Efforts to Combat Threats to Judiciary
3 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250