Bill Cosby Trial Day 5: What to Expect

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• Prosecution arguments in the sexual assault trial are winding down and it should be no more than a day or so before the trial is turned over to the defense to present its case.

• , the Montgomery County district attorney’s office began presenting from a 2005 civil suit as evidence and will likely draw attention Friday to his acknowledgment in that testimony that he gave quaaludes to women in an effort to have sex.

• The complainant in the criminal case, Andrea Constand, a former Temple University staff member, says and its most famous alumnus, drugged and sexually assaulted her at his home outside Philadelphia in 2004.

• An expert witness is scheduled to testify that Ms. Constand’s description earlier this week of feeling “frozen” after ingesting three pills that Mr. Cosby gave her sounds like the experience of someone who has taken a quaalude-like substance.

• The outlines of Mr. Cosby’s defense has been to say that he gave her only Benadryl and that the sexual encounter was consensual and part of a romantic relationship. But he has said he will not testify. It is unclear what else his defense team has planned.

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Bill Cosby arrives Tuesday for his sexual assault trial at the Montgomery County Courthouse in Norristown, Pa.

Credit
Matt Slocum/Associated Press

Mr. Cosby’s deposition testimony is a decade old.

During four sessions in late 2005 and early 2006, Mr. Cosby answered questions in a civil suit brought by Ms. Constand. She brought the civil case, accusing him of assault, after prosecutors in 2005 declined to bring charges. But prosecutors last year revisited their position when they saw that Mr. Cosby had acknowledged the use of the drugs in his testimony, and when they noticed that a host of other women were coming forward to say that they too had been drugged and sexually assaulted by Mr. Cosby. One of those women testified Monday to bolster Ms. Constand’s account. The entertainer has denied all the accusations and says any drug-taking was consensual.

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The defense lawyer Brian McMonagle, outside the courtroom of the Cosby trial at the Montgomery County Courthouse.

Credit
Pool photo by Matt Rourke

The defense has relied so far on its efforts to undermine Ms. Constand’s account.

She has acknowledged making mistakes about when events occurred. Phone records establish that she called Mr. Cosby dozens of times either around or after the night when she says she was assaulted. She acknowledged taking her parents to see him perform months after the incident. Will the mistakes and continued contact be enough to persuade a jury of reasonable doubt?

Photo

Andrea Constand at the courthouse.

Credit
Pool photo by Matt Rourke

Ms. Constand on the stand. She embraced her mistakes as natural and made in good faith. She explained the visit to see him perform as the act of someone not prepared to tell anyone, including her parents, about what had happened to her. As for the multiple phone calls, she explained that she needed to stay in contact with him because he was a powerful Temple trustee who had to be consulted on some Temple business and often she had difficulty getting past his message machine.

The case relies heavily now on whether the jury believed her, but many defense lawyers say that predicting what a jury does and does not believe can be a very tricky forecast.

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