By Aaron Miller-
The judge in Bill Cosby’s sexual assault retrial gave his legal has boosted the defence on Tuesday with two key rulings that could improve the comedian’s efforts to be present his accuser as a money grabbing liar.
Judge Steven O’Neill gave the defence the green light call a witness who says Cosby’s accuser talked about framing a celebrity before she went to police in 2005 with allegations about Cosby. The judge further assisted the defense case by ruling that jurors can hear how much Cosby paid the accuser, Andrea Constand, in a 2006 civil settlement.However, he also sensationally allowed the prosecutor five further witnesses who will under oath label the 80 year old comedian a serial sexual predator.
The rulings ahead of a second day of jury selection in suburban Philadelphia brought the total number of jurors picked by the midday lunch break to seven. Five of the jurors picked so far are white and two are black, with four men and three women.
Cosby is charged with drugging and sexually molesting Constand, a Temple University women’s basketball administrator, at his suburban Philadelphia home in 2004. The 80 year old Comedian best known for his decade long appearances America’s old sitcom, ‘The Cosby Show’, insists the encounter with Constand was consensual.
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All of the jurors seated Tuesday admitting having read media reports about Cosby’s case, but said hadn’t formed an opinion about his guilt or innocence, and would be fair and impartial jurors.
WITNESS STAND
O’Neill’s ruling to allow Marguerite Jackson to take the witness stand sharply contradicts with old decision to prohibit her testimony at the first trial, leading to a hung jury.
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At the time, the judge barred her from taking the stand after Constand denied knowing her. Since then, prosecutors have told Cosby’s lawyers that Constand had modified her statement to admit she “recalls a Margo. O’Neill didn’t explain the reasoning behind his change of heart Tuesday but issued one caveat to the ruling, saying he could revisit the issue of Jackson’s testimony after Constand takes the stand.
Jackson’s inclusion in the case as witness for Cosby could prove crucial in attacking Constand’s credibility. .
Cosby is charged with drugging and sexually molesting Constand, a Temple University women’s basketball administrator, at his suburban Philadelphia home in 2004. He says the encounter was consensual.All of the jurors seated Tuesday said they had read media reports about Cosby’s case but hadn’t formed an opinion about his guilt or innocence and could serve as fair and impartial jurors.
COMPLAINT
Cosby’s lawyers complained that prosecutors had improperly excluded two white men from serving on the jury on the basis of race and age, including one who said he thought many of the women coming forward in the #MeToo movement are “jumping on the bandwagon.” But Cosby’s lawyers themselves blocked several white women from serving, and the judge rejected their argument about the prosecution.
The Cosby jury will consist of 12 jurors and six alternates.
The Associated Press and other news organizations including The Eye Of Media.Com challenged an arrangement that compels reporters to watch the proceedings on a closed-circuit feed from another courtroom. The camera shows the judge, prosecutors and defense lawyers, but not potential jurors who are being questioned as a group.
Cosby’s lawyers objected to having reporters in the courtroom citing concern that it could affect their ability to find a fair and impartial jury.
Judge Thomas DelRicci scheduled a Wednesday morning hearing on the news media’s legal challenge.
O’Neill also hinted during a pretrial hearing last week that he might keep jurors from hearing Cosby’s prior testimony in a deposition about giving quaaludes to women before sex. He said he won’t rule on that until it’s brought up at the retrial.
The AP does not typically identify people who say they are victims of sexual assault unless they grant permission, which Constand has done.
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