Jury may soon hear from Cosby, even if he doesn't take stand

Posted June 14, 2017

The attorney noted that Constand called former co-workers from Temple University in 2005 to get those phone records. They snapped to attention when the comic legend's familiar voice poured into the room.

Agrusa next asked about phone records that show Constand made a series of phone calls on March 16, proving she could not have been assaulted that day. Why she kept contacting Cosby after the encounter?

Before Tuesday, Ms Constand had never spoken about Mr Cosby in public, barred from doing so under the terms of a confidential settlement reached in 2006.

In previous days, the prosecution had called another of Cosby's accusers to the stand to testify. She says she made it clear she didn't welcome the behavior.

That changed on the night she had dinner at his house, where he gave her three "herbal" pills to help her relax, she said.

"No, no, no", Cosby could be heard saying.

"Is that what you did?" asked Feden.

Allred represents more than a dozen of the 50-plus women who have alleged they were sexually assaulted by Cosby, but the statute of limitations for prosecution had run out in almost every case. She told jurors her daughter had nightmares in the months after the alleged assault but that she wouldn't divulge what happened for about a year. "He said, 'Mom" - he called me Mom throughout the conversation - 'Don't worry, there was no penile penetration, just digital penetration, '" she said.

"I apologise to Andrea and I apologise to you mommy", she quoted Cosby as having said in reply.

On Wednesday, Agrusa continued questioning Constand, who by most accounts stood her ground. I also thought about how nice I have been to men with professional power who have approached me in small, inappropriate ways.

At times, Agrusa framed her questions as statements rather than questions, compelling Montgomery County Judge Steven O'Neill to interject and remind the jury that an attorney's questions to a witness are not evidence, and only the answers are. "He was sorry for what he did". She viewed him like a father.

Cosby's attorneys pointed to an inconsistency in the date of the alleged assault in statements Constand gave to police.

Cosby lawyers say Constand called Cosby 53 times after the alleged assault.

The testimony came a day after Andrea Constand described the alleged assault, which she said came after Cosby gave her three unidentified bills that left her feeling "frosen" and unable to resist.

At one point during the conversation, Gianna Constand said, Cosby told her he would pay for therapy for Andrea. She says Cosby fondled her breasts and genitals after drugging her at his suburban Philadelphia home in January 2004. And when Constand first reported the incident, why didn't she tell the police that her and Cosby were still friends and had earlier meetings alone.

The former Temple University employee told the court that, after taking the pills, her legs became "rubbery", adding, "I don't really remember passing out".

Cosby admitted in a 2005 deposition unsealed in 2015 that he had Quaaludes in the 1970s to use for sex with women, but he has insisted in the same deposition and since that the interaction between him and Constand that night in January 2014 was always consensual. Allred immediately left the courtroom and was allowed back in after a break. When a policeman shouted at reporters to put away their cellphones, Cosby stumbled, thrusting his ever-present cane in the air in an exaggerated manner.

Agrusa later said, "He was coming on to you".

Then he broke into a wide and familiar grin.