|
 Judge Elizabeth McHugh found that prosecutors presented
enough evidence to support allegations that he drugged and
assaulted a woman in 2004. The judge rejected arguments from
Cosby's defense lawyers that the case should be thrown out.
As the hearing concluded, McHugh wished Cosby luck, to which the
78-year-old entertainer responded, "Thank you."
The decision followed a 3-1/2 hour preliminary hearing in
Montgomery County, Pennsylvania, where prosecutors introduced
statements that Cosby and the woman, Andrea Constand, separately
gave to police in 2005.
Constand herself was not called to testify, although prosecutors
said she is prepared to appear as a trial witness.
She told police in 2005 she was attacked as she lay on a sofa at
Cosby's Philadelphia-area home "paralyzed" by drugs the
entertainer had given her, according to police.
Constand, a former basketball coach at Cosby's Temple University
alma mater, is the only woman whose accusations of sexual
assault have resulted in criminal charges against Cosby.
But Cosby has been hit by sexual assault allegations from more
than 50 women. He has denied assaulting anyone. Most of the
cases are too old to be prosecuted, but the entertainer faces
civil lawsuits from his accusers.
A trial date in the Pennsylvania criminal case has not yet been
set. Cosby faces up to 10 years in prison if convicted of the
most serious charge against him, aggravated indecent assault.
In his own 2005 interview with police from Cheltenham,
Pennsylvania, Cosby confirmed some details of Constand's
account.
He acknowledged giving Constand 1-1/2 pills of the antihistamine
Benadryl to relax her and said the two engaged in heavy
"petting," including fondling each other's genitals, Cheltenham
Police Chief John Norris testified.
[to top of second column] |
 According to Constand's statements, Cosby told her the pills
would help "take the edge off." She swallowed the pills, added a
sip of wine and told the comedian, "I trust you," the detective
said.
Cosby told police Constand was conscious during the incident,
never told him to stop and did not mention any ill effects from
the pills, Norris said.
COSBY NOT GUILTY, LAWYER SAYS
Brian McMonagle, Cosby's lawyer, said after the hearing that
prosecutors relied on an 11-year-old "hearsay" statement rather
than present a live witness because their case was weak. He
expressed confidence Cosby would be absolved.
"Mr. Cosby is not guilty of any crime and not one single fact
presented by (prosecutors) rebuts this truth," McMonagle said.
The judge said McHugh said state law permits prosecutors to
introduce hearsay evidence at a preliminary hearing.
Cosby's lawyers repeatedly questioned the accuracy of Constand's
account, in what is likely a preview of their trial strategy.
McMonagle pointed to discrepancies between Constand's initial
interview with a detective and her later written statement,
including her inability to recall precisely when the incident
occurred.
He also said she had consensual sexual encounters with Cosby on
other occasions, had dinner with Cosby after the alleged assault and
later took her family to see his show in Toronto, Canada.
A stand-up comedian, Cosby landed a breakthrough role on the 1960s
TV show "I Spy," becoming a rare black actor with a leading part on
a network television series. He went on to other shows and became a
pitchman for Jell-O pudding while also stirring controversy with
critical comments about black youth culture.
(Editing by Cynthia Osterman and Dan Trotta)
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