Judge Rules Damaging Testimony Can Be Used In Cosby Trial

Katie Jerkovich | Contributor

A judge has ruled that damaging testimony from a past lawsuit can be used in Bill Cosby’s criminal sexual assault trial.

On Monday, a Pennsylvania judge ruled that the 79-year-old comedian never had a promise from prosecutors that he wouldn’t be charged if he testified in Andrea Constand’s previous civil lawsuit, according to New York Post’s Page Six. Cosby faces multiple charges of aggravated indecent assault in Pennsylvania after the woman accused him of drugging and abusing her in his home 12 years ago. (RELATED: Bill Cosby Ordered To Stand Trial In Sexual Assault Case)

Actor and comedian Bill Cosby arrives for a Habeas Corpus hearing on sexual assault charges at the Montgomery County Courthouse in Norristown, Pennsylvania, July 7, 2016. REUTERS/Mark Makela/File Photo

(phot0: REUTERS/Mark Makela/File Photo)

Cosby’s lawyers tried to get the case thrown out because they argued that the prosecutor in 2004 said he would never be charged as part of a no-prosecution deal the two parties made.

Prosecutors say they reopened the case after multiple women came forward last year and made similar allegations against Cosby.

In the deposition Cosby gave in 2005 and 2006, the comedian admitted to giving Quaaludes to women before “consensual” sexual encounters. Various women have said they were not consensual and accused him of drugging and molesting them. (RELATED: Clinton Campaign Worried About Bill Cosby Clinton Foundation Ties)

The judge must still rule if 13 other woman who have accused Cosby of assault can be called to testify in the trial.

Comedian Bill Cosby leaves the Montgomery County Courthouse with his criminal defense lawyer Brian McMonagle(L) after a pretrial conference related to aggravated indecent assault charges on September 6, 2016, in Norristown, Pennsylvania. Disgraced US megastar Bill Cosby will go on trial June 5, 2017 accused of sexually assaulting a woman at his Philadelphia home more than a decade ago, a judge said Tuesday. The pioneering black comedian, who faces up to 10 years in prison if convicted, had returned to court in Pennsylvania as part of multiple attempts to avoid standing trial for the alleged 2004 assault. Cosby allegedly plied Andrea Constand with pills and wine, then sat her down on a couch, where the actor allegedly assaulted her. / AFP / DOMINICK REUTER (Photo credit should read DOMINICK REUTER/AFP/Getty Images)

(photo: / AFP / DOMINICK REUTER (Photo credit should read DOMINICK REUTER/AFP/Getty Images)

Defense attorneys argue that the women’s memories have been “marred by time, media coverage of the case and their friendship with one another.” Adding their memory expert found that the women’s statements can be dismissed as nothing more than “stories of that night spent partying with a famous celebrity,” according to another report.

Cosby has maintained his innocence. The felony trial will take place no later than June 5, 2017.

If convicted, the comedian faces up to 10 years for violating the accuser while she was impaired, unconscious or could not give consent.

Katie Jerkovich

Contributor

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