Bill Cosby's lawyers want to introduce more than a decade-old civil deposition testimony from Sheri Williams, a close friend of accuser Andrea Constand, after the defense was unable to serve a subpoena on her to appear at Cosby's criminal retrial.

Cosby is on trial for allegedly drugging and sexually assaulting Constand in 2004. His defense lawyers started presenting their case Wednesday.

The defense filed a notice late Thursday of its plan to introduce portions of Williams' testimony from the civil case Constand v. Cosby, which settled in 2006. In its notice, the defense referred specifically to Williams' statements about her knowledge of the alleged assault, and about Constand's reasons for leaving her job at Temple University.

Cosby's lawyers tried to serve a trial subpoena on Williams seven times, the filing said, and then mailed her a copy of the subpoena with instructions to attend a hearing to domesticate the subpoena. She did not show for the hearing.

Arguing the matter Friday in court, defense lawyer Jaya Gupta said the court should allow the deposition under Pennsylvania Rule of Evidence 804(b)(1).

“Ms. Constand's interests and the commonwealth's interests are aligned,” Gupta said. “The goal of both parties is to show the defendant committed assault.”

She also noted that the prosecution was allowed to present Cosby's civil deposition from 2005 and 2006. His current lawyers did not have the opportunity to defend Cosby at that deposition, she said.

Montgomery County District Attorney Kevin Steele argued that Cosby's deposition is distinguishable from Williams' testimony.

“The defendant's deposition comes in as an admission,” Steele said. “Whether that admission is in a deposition, whether that admission is out on the street … that's an admission by the defendant, and that's why that comes in.”

Steele also noted that the defense can put Cosby on the stand to respond to his own deposition, while the prosecution cannot do the same with Williams.

“There are aspects of this case where we would love to ask Ms. Williams questions about. But we're not going to get it because they're just going to read what they want out of a deposition at trial where we can't cross-examine,” Steele said.

Judge Steven T. O'Neill said he will not rule on the matter until April 23, when the defense is able to bring a witness to show that it made a sufficient effort to serve the subpoena. But he noted during the parties' arguments that the cases cited in Cosby's filing are not precedential rulings O'Neill can cite in his own decision.

“You're arguing to some degree that I should make new law,” he said to Gupta.

O'Neill said things would be different if the defense made contact with Williams and found that she couldn't travel. Then, he said, she could give deposition testimony and lawyers from both sides would have the opportunity to be there.

The defense called three witnesses Friday, including Debbie Meister, a personal assistant to Cosby, and Kim Harjo, who worked at the public relations firm that represented Cosby in 2004.  Meister and Harjo testified about portions of Cosby's flight and travel schedules from late 2003 and early 2004. 

Cosby's lawyers also called Robert Russell, a friend of Constand's from 2000 to 2001, who testified about Constand's broadcasting aspirations. The defense had planned to ask him about Constand using drugs when he knew her, and her hopes to become a millionaire, but O'Neill ruled before the testimony that he would not allow it.

O'Neill has said he expects closing arguments to begin early next week.