Tuesday, May 24, 2016

Bill Cosby Hearing To Decide Whether He Should Be Tried For Criminal Charges

Cosby was in court Tuesday for a preliminary hearing to decide whether he should be tried on charges that he drugged and sexually assaulted Andrea Constand in 2004.

Bill Cosby arrived at the Montgomery County courthouse in Pennsylvania Tuesday, for a preliminary hearing where a judge will decide if there is enough evidence for a criminal case against the comedian to go to trial.

Andrea Constand, who first met Cosby at her former workplace at Temple University, has accused the comedian of drugging and sexually assaulting her at his home in Pennsylvania in 2004. She was the first woman to publicly accuse the comedian of sexual assault. More than 40 women have since made similar allegations.

While there was speculation that Constand would also attend the hearing, she was not present at the court Tuesday. A former detective testified about the statement Constand gave authorities in 2005, detailing the alleged sexual assault. Cosby's lawyers said that the statement was inconsistent and argued that she should have to appear in court.

In December, the Montgomery County district attorney charged Cosby with three counts of aggravated indecent assault, a second-degree felony. This was the first time criminal charges, stemming from an investigation into the Constand case, were brought against Cosby. A former district attorney had refused to charge the comedian.

Cosby has denied all the allegations against him and is involved in defamation suits with some of the women.

If convicted of a second-degree felony, Cosby faces a maximum penalty of five to 10 years in prison and a $25,000 fine.

In a February hearing, Cosby's lawyers tried unsuccessfully to have the criminal charges against him dropped.

Matt Slocum / AP

Cosby established a relationship with Constand through her work for the women's basketball program at Temple University, Cosby's alma mater. Constand, who said she considered Cosby her mentor, rejected two sexual advances he made before the alleged assault, according to the criminal complaint.

Cosby invited Constand to his Cheltenham home in 2004 to talk about her future career plans, the complaint said. He allegedly gave her three blue pills after she told him she felt "drained and emotionally-occupied." He also told her to drink wine, the complaint alleged.

Constand alleged that after she took the pills and wine she experienced blurred vision, felt dizzy, and her legs began to feel "rubbery" and "like jelly." She said Cosby asked her to lie on his couch.

From the complaint:

Cosby did not sit on the sofa with her, but instead positioned himself behind her. Despite her impaired physical and mental condition, the victim was aware that Cosby was fondling her breasts, put his hands into her pants, and penetrated her vagina with his fingers. Cosby also took the victim's right hand and placed it onto his erect penis. The victim told investigators that she did not consent to any of these acts, and was unable to move or speak during the assault. She described her condition as "frozen" and "paralyzed."

Constand said she awoke the next morning to find her sweater bunched and her bra undone. She said Cosby, who was in a robe, gave her a muffin, opened the front door, and said, "Alright." She left the house without saying anything, the complaint stated.

In 2005, Constand filed a civil lawsuit against Cosby charging him with battery and sexual assault. The lawsuit mentioned 13 Jane Does with similar accusations but before they could testify Cosby settled the suit with Constand out of court for an undisclosed amount and without admission of guilt in 2006. The two last met during a deposition for the case in a Philadelphia hotel, the New York Times reported.

In February, Cosby sued Constand and her mother, alleging that they violated the terms of the 2006 settlement.


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