• Bill Cosby Trial

    Author : White Collar Firm June 6, 2017

    This past week, one of America’s most beloved comedians is in court, defending himself from multiple and serious allegations of sexual assault in Philadelphia. While the case is evolving, and the strategy of both the state and the defense will be revealed each day, here is what we do know:

    - There is only one victim in this particular trial. Despite allegations coming from multiple women (around 60) who have stepped forward saying Mr. Cosby drugged and raped them, only one – Andrea Constand – will be facing Mr. Cosby this summer. She is expected to testify, although thus far, Mr. Cosby will be asserting his 5th amendment rights. Her testimony will likely include her account of what happened in 2004 – that Mr. Cosby gave her three tablets and then molested her while she was drugged. Mr. Cosby has only admitted to having sexual intercourse with her, in the context of a consensual affair.

    - The other women who have accused Mr. Cosby of sexual assault have filed several civil lawsuits to hold him to account. This is because the other women’s claims have exceeded the statute of limitations for criminal charges of crimes of this nature, ranging anywhere from 1 to 15 years, depending on the state within which the events occurred.

    - However, at least one other woman has played a part in this trial – “Kacey” will be questioned about her meeting with Mr. Cosby in 1996, when she woke up next to Cosby, naked, after ingesting a large white pill in his hotel room. This evidence has been admitted by the court to allow the state to show a pattern of behavior in the defendant – something not typically allowed. The judge has decreased the testimony proffered by the State from 13 other victims to just this one, reasoning that “Kacey’s” account is likely the most similar to what is alleged to have happened to Ms. Constand. The defense also attacked her story, punching holes in her timeline and memory – although, in light of the fact the incident took place over 20 years ago, one has to wonder how effective this line of attack will be for members of the jury.

    - The defense will be attacking the credibility of the victim, highlighting her delay in reporting the incident (over one year), and emphasizing that she had seen Cosby twice between the night of the alleged incident and her report to the police. One detail from their meeting might be used to bolster the defense that Ms. Constand was not traumatized from the event: she attended a show in Canada with her parents, and brought him a sweater as a gift.

    - Mr. Cosby’s 2005 deposition will be used by the state. There, he testified as to purchasing Quaaludes with the intent to give them to women he wanted to have sex with, although he denied ever actually using the drugs.

    - The judge has allowed two weeks for the case to be tried. Currently, Mr. Cosby is being charged in his criminal trial with three counts of aggravated indecent assault. If he is convicted, then the punishment is a fine of up to $25,000 for each count, and a maximum sentence of 10 years in prison. In light of Mr. Cosby’s age, 79, he could very well die in prison if convicted and sentenced to jail time.

    - While his wife has stood by his side, she has not yet appeared in trial with him at the time of this writing. His former costars from The Cosby Show have publicly defended him, and his TV daughter, Keshia Knight Pulliam has appeared in support. However, many people are reluctant to publicly support him, and his career is certainly over – TV shows and tours have been cancelled, and his multimillion dollar fortune is going directly to the attorneys defending him.

    A verdict should be known within the next week, and then, shortly after, if convicted, a sentencing hearing will occur. Mr. Cosby, known as America’s Dad, was revered and loved by many. It is no surprise that this reputation is in tatters, with many who can’t believe that this funny and caring man on television has allegedly hid a dark and cruel secret.

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