Prosecutors can use Bill Cosby drugs and alcohol evidence in sex assault trial, judge rules

&Tab;&Tab;<div class&equals;"wpcnt">&NewLine;&Tab;&Tab;&Tab;<div class&equals;"wpa">&NewLine;&Tab;&Tab;&Tab;&Tab;<span class&equals;"wpa-about">Advertisements<&sol;span>&NewLine;&Tab;&Tab;&Tab;&Tab;<div class&equals;"u top&lowbar;amp">&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;<amp-ad width&equals;"300" height&equals;"265"&NewLine;&Tab;&Tab; type&equals;"pubmine"&NewLine;&Tab;&Tab; data-siteid&equals;"111265417"&NewLine;&Tab;&Tab; data-section&equals;"1">&NewLine;&Tab;&Tab;<&sol;amp-ad>&NewLine;&Tab;&Tab;&Tab;&Tab;<&sol;div>&NewLine;&Tab;&Tab;&Tab;<&sol;div>&NewLine;&Tab;&Tab;<&sol;div><p>Damaging evidence given by Bill Cosby in an accuser&&num;8217&semi;s lawsuit&comma; including admissions that he gave young women drugs and alcohol before sex&comma; can be used at his sex assault trial&comma; a judge has ruled&period;<&sol;p>&NewLine;<p>The defence has insisted Cosby gave evidence only after being promised he would never be charged over his 2004 encounter with accuser Andrea Constand&comma; but his lawyers at the time never had an immunity agreement or put anything in writing&period;<&sol;p>&NewLine;<p><i>&&num;8220&semi;This court concludes that there was neither an agreement nor a promise not to prosecute&comma; only an exercise of prosecutorial discretion&comma;&&num;8221&semi;<&sol;i> Montgomery County Judge Steven O&&num;8217&semi;Neill wrote in his ruling&period;<&sol;p>&NewLine;<p>Cosby&comma; 79&comma; acknowledged in the 2006 deposition that he had a string of extramarital relationships&period; He called them consensual&comma; but many of the women say they were drugged and molested&period;<&sol;p>&NewLine;<p>Cosby&comma; questioned about the 2004 encounter at his home with Ms Constand&comma; described being on his couch and putting his hand down her trousers&period;<&sol;p>&NewLine;<p><i>&&num;8220&semi;I don&&num;8217&semi;t hear her say anything&period; And I don&&num;8217&semi;t feel her say anything&period; And so I continue and I go into the area that is somewhere between permission and rejection&period; I am not stopped&comma;&&num;8221&semi;<&sol;i> he said in his evidence&period;<&sol;p>&NewLine;<p>Prosecutors describe Ms Constand as being semi-conscious after Cosby gave her three unmarked blue pills for stress that night&period;<&sol;p>&NewLine;<p>The release of the deposition last year prompted them to reopen her 2005 police complaint and arrest Cosby days before the statute of limitations expired&period; Judge O&&num;8217&semi;Neill plans to try the case by June&period;<&sol;p>&NewLine;<p>The ruling on the deposition is one of two key pretrial issues that will determine the scope of the evidence against Cosby&period;<&sol;p>&NewLine;<p>https&colon;&sol;&sol;youtu&period;be&sol;NpWp6ktCW1g<&sol;p>&NewLine;<p>The other question is how many other accusers will be allowed to give evidence in prosecutors&&num;8217&semi; attempt to show a pattern of similar conduct&period; Prosecutors hope to call 13 other women who say they were assaulted by Cosby as far back as the 1960s&period;<&sol;p>&NewLine;<p>Two days of arguments on that issue are set for next week&period;<&sol;p>&NewLine;<p>At a pretrial hearing earlier this year&comma; Judge O&&num;8217&semi;Neill said that Cosby&&num;8217&semi;s decision to give evidence at the deposition could have been strategic&period;<&sol;p>&NewLine;<p>The actor &&num;8211&semi; known as America&&num;8217&semi;s Dad for his top-rated family sitcom The Cosby Show&comma; which ran from 1984 to 1992 &&num;8211&semi; could have invoked his Fifth Amendment right not to incriminate himself&comma; but jurors would have heard of that decision if the case went to trial&period;<&sol;p>&NewLine;<p>Cosby instead settled Ms Constand&&num;8217&semi;s lawsuit&comma; for an undisclosed amount&comma; after finishing four days of evidence about his extramarital affairs&comma; his friendship with Ms Constand and other topics&period;<&sol;p>&NewLine;<p>In another excerpt&comma; Cosby described a phone call with Ms Constand&&num;8217&semi;s mother a year later&comma; when he refused to say what the pills were&period;<&sol;p>&NewLine;<p><i>&&num;8220&semi;I&&num;8217&semi;m not going to argue with somebody&&num;8217&semi;s mother who is accusing me of something&comma;&&num;8221&semi;<&sol;i> he said&period; <i>&&num;8220&semi;And I&&num;8217&semi;m apologising because I&&num;8217&semi;m thinking this is a dirty old man with a young girl&period; I apologised&period; I said to the mother it was digital penetration&period;&&num;8221&semi;<&sol;i><&sol;p>&NewLine;<p>https&colon;&sol;&sol;youtu&period;be&sol;NpWp6ktCW1g<&sol;p>&NewLine;<p>Cosby also described getting seven prescriptions for quaaludes in the 1970s&comma; which he said he kept on hand to give to women he hoped to seduce&comma; <i>&&num;8220&semi;the same as a person would say&comma; &&num;8216&semi;Have a drink'&&num;8221&semi;&period;<&sol;i><&sol;p>&NewLine;<p>Ms Constand met Cosby at Temple University when she managed the women&&num;8217&semi;s basketball team&period;<&sol;p>&NewLine;<p>He was a prominent university trustee&period;<&sol;p>&NewLine;<p>She went to police in 2005 to report that he had sexually assaulted her a year earlier after taking what Cosby described as a herbal product&period;<&sol;p>&NewLine;<p>Ms Constand&comma; then 30&comma; was dating a woman at the time and had no romantic interest in the 66-year-old Cosby&comma; her lawyer has said&period;<&sol;p>&NewLine;<p>District attorney Kevin Steele called the ruling on the deposition an important development in the 12-year-old case&period;<&sol;p>&NewLine;<p><i>&&num;8220&semi;Allowing the jury to hear Mr Cosby&&num;8217&semi;s deposition testimony is another step forward in this case and will aid the jury in making its determination&period; It&&num;8217&semi;s important that we are able to present all of the evidence available&comma;&&num;8221&semi;<&sol;i> Mr Steele said&period;<&sol;p>&NewLine;<p>Defence lawyer Brian McMonagle had no comment on the decision&period;<&sol;p>&NewLine;<p>The defence will fight strenuously to block the evidence of the other women&comma; arguing that their accounts are vague&comma; decades old and impossible to defend&period;<&sol;p>&NewLine;<p>Cosby&&num;8217&semi;s lawyers had hoped to question the women in person to assess their credibility and relevance&comma; but Judge O&&num;8217&semi;Neill rejected the idea&period;<&sol;p>&NewLine;<p>Defence lawyers also say Cosby is legally blind and can no longer recognise his accusers or help them prepare for trial&period;<&sol;p>&NewLine;<p>Ms Constand is now a massage therapist in her native Ontario&period; She signed off on the decision by prosecutors to reopen the case&period;<&sol;p>&NewLine;&Tab;&Tab;&Tab;<div style&equals;"padding-bottom&colon;15px&semi;" class&equals;"wordads-tag" data-slot-type&equals;"belowpost">&NewLine;&Tab;&Tab;&Tab;&Tab;<div id&equals;"atatags-dynamic-belowpost-68ed5cf01e268">&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;<script type&equals;"text&sol;javascript">&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;window&period;getAdSnippetCallback &equals; function &lpar;&rpar; &lbrace;&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;if &lpar; false &equals;&equals;&equals; &lpar; window&period;isWatlV1 &quest;&quest; false &rpar; &rpar; &lbrace;&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;&sol;&sol; 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