As Cosby Case Closes, 'Who Are You Going to Believe?'
On the 12th day of Cosby's retrial on aggravated indecent assault charges, two lawyers from Cosby's team—Kathleen Bliss and Tom Mesereau—split their final argument on Cosby's behalf. Following suit, Kristen Gibbons Feden and M. Stewart Ryan split the prosecution's closing argument.
April 24, 2018 at 12:49 PM
6 minute read
Bill Cosby arrives for his sexual assault trial April 12, 2018, at the Montgomery County Courthouse in Norristown, Pa. (Photo: Matt Slocum/AP)
As jurors heard closing arguments Tuesday in Bill Cosby's criminal retrial, defense lawyers questioned the motives of the women who accused Cosby of sexual assault and called Andrea Constand a liar, while prosecutors said the comedian was the one pulling a “con.”
On the 12th day of Cosby's retrial on aggravated indecent assault charges, two lawyers from Cosby's team—Kathleen Bliss and Tom Mesereau—split their final argument on Cosby's behalf. Following suit, Kristen Gibbons Feden and M. Stewart Ryan split the prosecution's closing argument.
Bliss started by reminding the jury of Temple University academic adviser Marguerite Jackson. Jackson testified that Constand told her in 2004 she had been sexually assaulted by a high-profile person, then backtracked and said she wasn't assaulted, but could say she was to get money.
Bliss contrasted Jackson, a longtime employee at Temple, with Constand, who worked at the college a short time and, Bliss said, participated in a “pyramid scheme” while working there.
“Who are you going to believe? Are you going to believe a mature, dignified woman who takes the stand and gives you specific details that do not change? Or someone who gives inconsistent statements, one after the other after the other after the other?” Bliss said.
Ryan cast doubt on Jackson's testimony in his portion of the prosecution's closing, pointing out her inconsistent statements about the number of times she traveled with the Temple women's basketball team, and contradicting testimony about how close she was with Constand.
“Not only is Marguerite Jackson uncorroborated, but she's contradicted at many turns,” Ryan said. “If a person makes one false statement, and a material one, you can discount the entirety of their testimony.”
In the prosecution's closing, Feden said Cosby is the person who gained the trust of women and betrayed that trust, pointing him out to the jury multiple times.
“This is his con, and he's laughing like it's funny, but there is absolutely nothing funny about stripping a woman of her decency, incapacitating her to the point where she can't consent,” Feden said, as Cosby appeared to chuckle quietly at the defense table. “There is nothing funny about that, Mr. Cosby,” she said with a raised voice.
Bliss then attacked the testimony of each of the five other accusers who testified for the prosecution. She said the prosecution only called them to testify because Constand's allegations could not stand up on their own.
Feden, however, said the testimony of those five women shows Cosby was intentional in his actions.
“He preyed on Andrea Constand in the same way he preyed on all of those five women,” Feden said. “You can use that to show that the defendant knew what he was doing. You can also use that to show that this wasn't a mistake.”
Bliss also acknowledged that sexual assault is “a worldwide problem,” but cautioned the jury to consider Cosby's case individually.
“Questioning an accuser is not shaming a victim. Gut feelings are not rational decisions. Mob rule is not due process,” Bliss said. “When you join a movement based primarily on emotion and anger, you don't change a damn thing. Which is why each single case must be examined on its merits.”
Just before Mesereau took over, she said, “Never, ever let anyone or anything shame you into a conviction.”
But Feden attacked Bliss for questioning the motivations of Constand and the other five accusers.
“That character assassination that Miss Bliss put those women through was just utterly shameful,” Feden said. “She's the exact reason why women and victims … of sexual assault don't report these crimes.”
In his portion of the defense close, Mesereau first focused on 12 “lies” he argued Constand told in her testimony.
“They're not inconsistencies. They're lies,” Mesereau said. “And it happens again, and again, and again.”
He then showed the jury a list of phone calls between Cosby and Constand, pointing out 100 such calls after the time period of the alleged assault. He also noted that there were no calls from Constand's Temple-owned cellphone to Cosby's Philadelphia home in January 2004. Mesereau said that contradicts a previous statement from Constand in which she said she called the home the night of the assault to be let in.
“This woman will say anything. She will absolutely say anything. She's a pathological liar,” Mesereau said.
Mesereau also listed information from Cosby's and Constand's travel and phone records for each day between Dec. 30, 2003, and Jan. 31, 2004. He contended that the alleged assault could not have happened on any of those days.
“If you really honor the law and honor the truth, I submit Mr. Cosby must be acquitted,” Mesereau said as he concluded his argument. “He made some mistakes for sure, but he is no criminal.”
But Ryan rebutted that point in his closing. He said phone records from Jan. 6, 2004, in particular match the pattern of phone records from March 16, 2004, when Cosby was indisputably in Philadelphia.
Ryan also said that Cosby's own admissions in civil deposition testimony and in his contact with Constand's mother show a consciousness of guilt, as he wrapped up a three-and-a-half hour prosecution argument.
“The defendant spent years and years and years building that bank of trust and reputation,” he said. “The time for the defendant to escape justice is over.”
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
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
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