Cosby lawyers scour for inconsistencies

Friday, 09 Jun, 2017

Constand says she'd always return Cosby's calls to her Temple University-issued cellphone because he was a powerful trustee there and she was director of women's basketball operations.

"He was calling about Temple matters", she testified earlier in the trial.

Allred told the Daily News she dutifully switched her phone off before entering the gallery and has no idea how it sprang back to life. Agrusa asked her pointedly.

It is the defense's job, of course, to make such arguments: these are the most effective ones available.

Defense attorney Brian McMonagle said during opening statements that Constand had a romantic encounter with Cosby at his Foxwoods Resort Casino hotel room in CT before the alleged assault.

Defense attorneys have pointed to inconsistencies in Constand's testimony and questioned why she waited a year to report the alleged assault to police.

The witness said she did not know at first that Cosby wanted a romantic relationship.

After returning to her room, Constand said she called Sherri Williams.

On those calls, Gianna Constand said, Cosby "admitted that he was a sick man".

"You befriended him because he was going to be able to give you resources", Agrusa said.

However, despite the details these witnesses explained during Day 2 of the the trial, and the fact that Johnson reportedly broke down crying while testifying, Johnson's allegations were met with disparaging remarks from Cosby's defense team, including claims that Johnson's story was inconsistent with remarks she made back in 1996. Andrea Constand emerged from 12 years of silence Tuesday to testify. "She said she first thought it was after a group dinner in March and later realized it happened after a private dinner a month or two earlier". Andrea was having nightmares from which she would wake up screaming and in a sweat, she said, and had developed a twitch.

Agrusa grilled Constand on phone calls she made to a half-dozen lawyers, starting on the same day she reported the incident to police, in an effort to show Constand was after Cosby's money.

"Put them down. They're your friends. He is 10 years older than even her own father", the mother testified, breaking down on the stand. She said on Tuesday that she felt her continued friendship with Cosby after the alleged assault was important to the school's athletic department.

Cosby, 79, is on trial for allegedly drugging and sexually assaulting Constand at his Elkins Park, Pennsylvania, mansion in January 2004.

Prosecutors on Thursday also read into the record Cosby's 2005 statement to police, in which he gave a similar account of the night in question, saying he gave Constand the Benadryl to help her relax.

Constand also testified that the comedian had touched her inappropriately prior to that night, telling the court that he "commented on my trousers and touched the side of my waist and took his hand and attempted to unbutton my button..." He described his sexual contact with her daughter and claimed it was consensual, she said. Ms Constand maintains she never accessed such records.

"That was just very, very compelling testimony today by Andrea's mother", said California civil rights lawyer Gloria Allred outside the county courthouse.

Feden said that Constand viewed Cosby as a trusted mentor and said that the case would be defined by, "trust, betrayal and the inability to consent". Sitting stone-faced in the court, Cosby is facing up to a decade behind bars if found guilty of three felony charges of second-degree aggravated indecent assault against the then-Temple University employee.