By Aaron Miller-
Bill Cosby has lost a hard fought a hard fought court battle to get his sexual assault case thrown out.
Cosby’s defence team argued that itineraries and other evidence show the alleged assault could not have happened when prosecutors claim it did. It confirms thus falls outside the statute of limitations.
In a desperate bid to get the case dismissed, Cosby’s team contend the facts of Andrea Constand’s(Cosby’s accuser) evidence at Cosby’s first trial. year that the 80-year-old entertainer drugged and molested her at his suburban Philadelphia home some time in the first part of January 2004.
Cosby’s lawyers claimed they found evidence that Cosby was not present in Pennsylvania during that time. Ms Constand gave evidence in which she claimed to have asked Cosby to be let into his home, but his lawyers said her phone records do not reflect such a call within her time frame.
Cosby’s lawyers were rapped by the judge for falsely accusing prosecutors of hiding or destroying evidence.
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ALLEGATION
District Attorney Kevin Steele asked Mr O’Neill to dismiss Cosby’s legal team off the case after attempts to discredit claiming that prosecutors failed to reveal they had interviewed a woman who cast doubt on Cosby’s accuser.
The allegation was ditched days later after his former lawyer confirmed being aware that the prosecution interviewed the woman before Cosby’s first trial. Mr Steele argued Cosby’s lawyers acted recklessly and “are at best incompetent and otherwise unethical.”
Bill Cosby is charged with drugging and molesting Ms Constand at his suburban Philadelphia home. Prosecutors have indicated an interest in calling as many as 19 women to the witness box, including model Janice Dickinson, in an attempt to show a sinister flip side to Cosby’s public persona as America’s Dad, cultivated through his role as an affable Jell-O pitchman and the star of the top-rated 1980s family sitcom The Cosby Show.
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Prosecutors allege Cosby’s’s assault on mr.Constand was consistent with a five-decade pattern of drugging and harming women.
Cosby’s lawyers want more time to investigate some of the allegations made by women dating back to 1960’s.
EVIDENCE
Cosby’s lawyers told Judge Steven O’Neill on Monday they have found evidence that Cosby was not even in Pennsylvania during that time. However, Ms Constand claimed to have called Cosby to be let into his home, but his lawyers said her phone records do not reflect such a call within her time frame.
Ms Constand did not give a specific date, but said the incident had to have happened prior to January 20, when her cousin moved into her Philadelphia apartment.
Cosby’s lawyers told Judge Steven O’Neill on Monday they have found evidence that Cosby was not even in Pennsylvania during that time. Ms Constand gave evidence she would have called Cosby to be let into his home, but his lawyers said her phone records do not reflect such a call within her time frame. Ms Constand did not give a specific date, but said the incident had to have happened prior to January 20, when her cousin moved into her Philadelphia apartment.
District Attorney Kevin Steele asked Mr O’Neill to throw Cosby’s legal team off the case for claiming that prosecutors failed to reveal they had interviewed a woman who cast doubt on Cosby’s accuser.
The defence withdrew the allegation days later after his former lawyer said he confirmed being aware that the prosecution interviewed the woman before Cosby’s first trial.
Mr Steele argued Cosby’s lawyers acted recklessly and “are at best incompetent and otherwise unethical.”
Mr O’Neill, who presided over Cosby’s first trial, said he was reluctant to break up Cosby’s legal team with his retrial looming. But he added the defence lawyers were essentially “on notice”.
Cosby, who entered the courtroom on the arm of his spokesman, is charged with drugging and molesting Ms Constand at his suburban Philadelphia home. Cosby said the encounter was consensual. A jury deadlocked on the case last year, setting the stage for a retrial.
If the defence loses its bid to have the charges thrown out, Cosby’s lawyers are trying to limit the number of accusers who can testify.
Prosecutors have raised the prospect of calling as many as 19 women to the witness box, including model Janice Dickinson, in an attempt to show a sinister flip side to Cosby’s public persona as America’s Dad, cultivated through his role as an affable Jell-O pitchman and the star of the top-rated 1980s family sitcom The Cosby Show.
Prosecutors allege the assault on Ms Constand was part of Cosby’s five-decade pattern of drugging and harming women.
Cosby’s lawyers argue that some of the other accusers’ allegations date to the 1960s and are “virtually impossible to defend against”. They said they would seek to delay the retrial if any of the women were allowed to give evidence so they could have more time to investigate their claims.
Cosby has pleaded not guilty to charges he drugged and molested Ms Constand, a former Temple University women’s basketball official, at his suburban Philadelphia home. He remains free on bail. A retrial has been set for March 29.
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