Prosecutors Slam Cosby's Bid to Dismiss Charges
The Montgomery County District Attorney's Office says Cosby's allegations against them are "demonstrably false."
February 05, 2018 at 06:54 PM
3 minute read
Bill Cosby, accompanied by Andrew Wyatt, departs after a pretrial hearing in Cosby's sexual assault case at the Montgomery County Courthouse in Norristown on Aug. 22, 2017. Photo: Matt Rourke/AP
Prosecutors said Monday that Bill Cosby's allegations that they concealed and destroyed evidence are untrue, and that his plea to dismiss the charges against him should not be granted.
In a response to Cosby's pretrial motion to dismiss sexual assault charges, the Montgomery County District Attorney's Office said in court filings that the evidence Cosby pointed to never existed in the first place, and recent events in the news related to sexual assault should not be grounds for dismissal.
Cosby had argued in his motion that “the commonwealth now gets a second bite at the apple, with Mr. Cosby's ability to obtain a fair trial diminishing, to the extent it even exists.” The motion cited allegations against movie producer Harvey Weinstein, and said Cosby is facing his retrial in an “increasingly hostile” climate.
“Defendant, after casting blame on everything but his own conduct and everything but himself, now claims Harvey Weinstein is to blame for his continued prosecution,” the prosecutors' response, filed Monday, said. “There is, of course, no basis in law for defendant to claim that because a subject is 'emotionally charged' an offender cannot be brought to justice.”
With regard to Cosby's allegations that the DA's office destroyed evidence, the DA said Cosby “seems disinterested in reality.”
“In defendant's latest motion, sworn to and submitted by his newest team of lawyers, he trots out poorly repackaged and tired complaints in yet another effort to avoid his criminal charges,” the prosecutors' response said. “In doing so, he raises claims that are demonstrably false.”
Cosby is set to be retried on aggravated indecent assault charges in April, based on Andrea Constand's allegations that he drugged and sexually assaulted her in 2004.
Last month the defense asked to admit testimony from Marguerite Jackson, a former co-worker of Constand's, asserting that Constand had told Jackson she could lie about her alleged assault in order to secure a payout. According to the DA's response filing, prosecutors did not have any notes from an interview with Jackson, so they could not have destroyed notes, as Cosby's lawyers have alleged.
Additionally, prosecutors said, Constand did not perjure herself when she testified that she did not remember Jackson during Cosby's first trial in June. And, they said, prosecutors did not coach Constand in her responses to questions about Jackson, as Cosby alleged in his motion.
“Allegations like these are very serious; and they should not be made carelessly or, even worse, disingenuously,” the prosecutors' response said. “But that is what defendant has done.”
A spokesman for Cosby's legal team declined to comment on Monday's filings.
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