Saturday, June 10, 2017


'She must have been asking for it': Bill Cosby eviscerated by DA after defense team tries to out Andrea Constand as a lesbian then reveal she once dated a 'wealthy male' to bolster their case

By Chris Spargo

Daily Mail
June 9, 2017

The judge overseeing the case of Commonwealth v. William Henry Cosby, Jr. denied a motion that would have allowed the defense to bring up details regarding the sexual history of the woman who has accused their client of assault.

Judge Steven O'Neill issued an order on Tuesday declaring that the defense could not introduce any evidence of Andrea Constand's past relationships, shooting down the request made by Cosby's legal team one day before the key witness took the stand.

The motion asked that the defense be allowed to out Constand as a lesbian and discuss her prior relationship with a woman while also revealing that she once had a relationship with a 'wealthy' man prior to ever meeting Cosby.

In his reply to the motion, Montgomery County District Attorney Kevin Steele seemed to be in disbelief that Cosby Lawyers Brian McMonagle and Angela Agrus would ever even consider the idea.

Steele also took clear aim at Cosby in his written response, stating: 'Defendant puts a new twist on an old argument: that because Ms. Constand did not reveal this personal detail about her life she must have been asking for defendant to drug and sexually assault her.'

Steele called the request 'unfairly prejudicial' and 'completely irrelevant' in the opening lines of his response, adding that the defense team and Cosby are attempting to 'engage in the age-old tactic of victim-shaming.'

He also pointed out that the 'defendant's maneuvering ... flies in the face of Pennsylvania's Rape Shield Laws,' which state a woman's sexual history shall not be admissible in court unless there are extraordinary circumstances.

Constand did not reveal herself to be a lesbian on the stand earlier this week and her sexual orientation has not been spoken about in court.

She has however spoken about her sexual orientation and relationships in past depositions.

Cosby's defense team though they had found one of those extraordinary circumstances that would allow them to pursue this line if questioning, which they got the bad news about a day before Constand took the stand.

The defense hoped to push their motion through by citing a state law which declares any past sexual conduct can be referenced at trial if there is 'evidence of the alleged victim's past sexual conduct with the defendant where consent of the alleged victim is at issue and such evidence is otherwise admissible pursuant to the rules of evidence.'

Judge O'Neill did not agree with this, and while his order did not go into any detail Steele's response did, with the DA submitting a 20 page reply to the court.

'Keeping in mind that there exists absolutely no logical connection between defendant's guilt and Ms. Constand's relationship status, her sexual orientation, or her past partners, introduction of such evidence can serve only to confuse or prejudice,' wrote Steele.

The DA also gave a look at what the defense might have hoped to do with this information had they been allowed to present it in court while dismantling the support they provided for their motion.

'Defendant apparently claims in his motion that (1) Ms. Constand had a predisposition to purse wealthy males and that (2) by not revealing some of the most private and person details of her life to defendant once can infer that she was in a grand conspiracy to extort him,' wrote Steele.

Later in his reply, Steele quoted the defense, who argued in their motion that this relationship was proof that Constand sought to have 'sexual conduct with high-profile, influential men.'

He responded by stating that even if this was the case it would not 'negate the sexual assault,' as her relationship with that man had nothing to do with what happened between her and Cosby.

The former girlfriend who the defense hoped to speak about in court was in a relationship with Constand during the time she worked at Temple University and was in contact with Cosby.

The defense hoped to question why Constand never told Cosby about this relationship, with the 79-year-old old declaring in the past he had no idea that the basketball coach was homosexual.

Steele responded to this by saying it was not a 'consistent' relationship and rather one of of 'fits and starts.'

The defense had hoped to use Constand's silence about her paramour at the time to prove she had motive to lie according to Steele's response.

Steele went after that notion by declaring: 'Ms. Constand's sexual preference has no tendency to prove or disprove the crimes lodged against defendant.'

He also went after the idea that Constand should have told Cosby she was a lesbian by stating: 'Defendant seems to desire that those with sexual orientation different than his own should readily identify themselves -- perhaps with a scarlet letter -- at their first encounter with another person.'

And that, said Steele, is an 'extraordinary and inflammatory claim that has no place in a court of law.'

The defense is trying to prove that the sexual activity between Cosby and Constand was consensual.

In her affidavit Constand told police that Cosby gave her wine and pills and then sexually assaulted her while she was unconscious.

'I got scared,' Constand told police of the alleged assault. 'I had no strength in my legs. They felt rubbery and like jelly. I felt spacey. Everything was blurry or dizzy. I had no thought to call 911.'

She later told police: 'I told him, "I can't even talk, Mr. Cosby." I started to panic.'

Constand claims she arrived at Cosby's home on the night in question and was greeted by the actor, who was wearing a sweatsuit.

The two spoke about Constand's future, and she told Cosby she was feeling 'drained' and 'emotionally occupied.'

That is when Cosby allegedly went upstairs and returned with three blue pills. telling Constand: 'These will make you feel good. The blue things will take the edge off.'

Constand claims she then asked if the pills were herbal, to which Cosby replied: 'Yes. Down them. Put 'em down. Put them in your mouth.'

According to the affidavit of probable cause, Cosby then told Constand to have some wine, and soon after she began to have trouble speaking and seeing.

Cosby then allegedly told her to lie down on the couch, and soon after, according to the affidavit of probable hearing, was 'fondling her breasts, put his hands into her pants, and penetrated her vagina with his fingers'.

He also allegedly took her hand and placed it on his erect penis.

Constand claims she woke up hours later around 4am and realized her bra was undone and above her breasts and that her sweater was bunched up.

As she made her way to the door she claims Cosby was standing there in a robe and holding a muffin, which he handed to her as she left while saying: 'Alright.'

Constand, the former director of operations for Temple's women's basketball team and a one time college basketball star herself, launched a legal suit against Cosby, a man she called her 'mentor', in March 2005.

Now 44, she said she first met Cosby, a Temple alum, in November 2002 and the pair became friends and she was a frequent guest at dinner parties at his home.

The case against him emerged just days before Pennsylvania's 12-year statute of limitation deadline for pressing charges was about to run out and despite a previous DA declining to charge Cosby a decade ago.

Cosby previously said under oath that he had consensual sexual contact with Constand.

The criminal complaint alleges that on the night in question Cosby told Constand to take three blue pills that left her feeling weak and then led her to a sofa where the assault took place.

When she woke up the next morning he gave her the muffin and sent her home.

EDITOR’S NOTE: I think old Bill is guilty as sin, but will the jury agree?


Anonymous said...

The Old Goat will probably get away with it and then start selling muffin mix.

bob walsh said...

They also might cut him some slack because he used to be respectable and is now a half-blind, half-senile old fart.