Biodun Iginla, BBC News

Biodun Iginla, BBC News
Showing posts with label Bill Cosby sex assault trial. Show all posts
Showing posts with label Bill Cosby sex assault trial. Show all posts

Friday, April 6, 2018

Bill Cosby back on trial for sexual assault


by Biodun Iginla, France24, New York


    © POOL/AFP / by Jennie MATTHEW | Around 60 women have publicly accused Bill Cosby of being a serial sexual predator

    NEW YORK - 
    Disgraced US megastar comedian Bill Cosby goes back on trial next week for alleged sexual assault dating back 14 years in a legal fight made tougher the second time round with more witnesses in a #MeToo world.
    The now frail and isolated 80-year-old could spend the rest of his life behind bars if convicted of drugging and molesting former university employee Andrea Constand at his Philadelphia home in 2004.
    The pioneering black entertainer's first trial ended in a hung jury on June 17 with a sequestered panel hopelessly deadlocked after six days of testimony and 52 hours of deliberations.
    But the case irrevocably damaged the legacy of an actor adored by millions as "America's Dad" for his seminal role as a lovable father and obstetrician on hit 1984-92 television series "The Cosby Show."
    Around 60 women have publicly accused the Emmy-winner, who now claims to be legally blind, of being a serial sexual predator, alleging that he drugged and assaulted them over a span of 40 years.
    But three counts of aggravated indecent assault against Constand, who now lives in Canada, are the only criminal charges to stick, with most of the alleged abuse too long ago to prosecute.
    The second time around, no one expects a simple re-run at the court house in the Philadelphia suburb of Norristown in Pennsylvania.
    Judge Steven O'Neill has agreed to let five other Cosby accusers testify, compared to just one the last time, handing a major victory to the prosecution, who will seek to paint Cosby as a serial predator.
    - Michael Jackson's lawyer -
    "People are willing to believe that an apparent victim is lying. But it's a lot harder to believe that five of them are," says Daniel Filler, dean and law professor at Drexel University's Thomas Kline School of Law.
    "It's tremendous trouble for the defense. It's like fighting a war on multiple fronts," agreed William Brennan, a prominent Philadelphia lawyer who has followed the trial.
    The #MeToo movement, which has seen powerful men from Hollywood to politics to the media shamed and stripped of their positions for sexual misconduct, has led to a cultural watershed in US society.
    "This is a moment when I imagine more jurors will be more comfortable believing women victims of sex violence," says Filler.
    But it is still a tough case to prove. There is no physical evidence. It essentially boils down to a case of he-said, she-said, and many still remember Cosby as a beloved entertainer.
    Another new development is Cosby's lead defense attorney -- Los Angeles celebrity lawyer Tom Mesereau -- best known for getting Michael Jackson acquitted of child molestation.
    Last time, Cosby did not testify and the defense spent just minutes presenting their case, arguing that there was no evidence to convict.
    Mesereau has tried repeatedly to delay the trial, even demanding that the judge be kicked off the case for alleged bias because his wife works with sexual assault victims.
    - Sequestered jury -
    O'Neill has also handed a win to the defense in allowing testimony from a witness who alleges that Constand schemed against Cosby. Lawyers may also be able to make public the amount of money that Cosby paid Constand in a civil suit to settle her allegations in 2006.
    That could potentially strengthen defense efforts to portray Constand as a scheming money-grabber.
    Twelve jurors -- five women and seven men -- and six alternates were chosen in four days of court proceedings. The panel is set to be sequestered on Sunday, with opening statements due Monday.
    Cosby, who was lauded as a hero by African Americans and revered by whites for smashing through racial barriers, is best remembered for his role as Cliff Huxtable on "The Cosby Show."
    One of the most popular television series in history, it propelled the son of a maid and a US Navy cook into a life of fame and wealth.
    At the time of the alleged assault, Constand was the director of women's basketball at Temple University, where the actor sat on the board of trustees.
    She said the incident left her "humiliated." In a 2005 deposition, Cosby said he gave Constand an over-the-counter antihistamine to relieve stress and that they had consensual relations. But he admitted obtaining sedatives with a view to having sex.
    "Ultimately, it's more going to be about her credibility," says Julie Rendelman, a New York lawyer who has defended sexual assault cases.

    Monday, June 12, 2017

    BREAKING: Cosby trial: Defence rests after calling brief witness


    • June 12, 2017  17H:03  GMT/UTC/ZULU TIME
    •  
    • From the sectionUS & Canada
    Bill Cosby arrives with his wife, Camille, in Norristown, Pennsylvania.Image copyrightREUTERS
    Image captionMr Cosby's wife, Camille, appears alongside her husband for the first time throughout the trial
    by Alyssa Mann and Biodun Iginla, BBC News, Norristown, PA
    US comedian Bill Cosby's defence lawyers have rested their case after presenting a single, brief witness in his sexual assault trial.
    Defence lawyers called to the stand a detective who led a 2005 investigation into claims that he drugged and molested a woman at his home in 2004.
    The embattled star, 79, earlier told a judge he would not testify to defend himself against those allegations.
    Mr Cosby denies the charge and his lawyer has said she agreed to sex.
    Andrea Constand, the 44-year-old at the centre of the case, says the alleged incident happened during a visit to his home to seek career advice.
    Dozens of women say he assaulted them, but statutes of limitation rules mean he is on trial for only one allegation.
    Mr Cosby arrived at court on Monday with his wife, Camille, who made her first appearance at the high-profile trial in Norristown, a suburb of Philadelphia. She is the first family member to join him.
    He told Judge Steven O'Neill that he had decided not to testify after speaking with his lawyers.
    Detective Richard Schaffer appeared for just six minutes on the defence's behalf, in which he told a jury that Ms Constand had visited Mr Cosby at an out-of-state casino.
    Defence lawyers have sought to discredit Ms Constand by suggesting the pair were in a romantic relationship and she had changed her story several times during a previous investigation.
    Andrea ConstandImage copyrightREUTERS
    Image captionAndrea Constand shares her story publicly for the first time during Mr Cosby's sex assault trial
    They pointed to dozens of phone calls she made after the alleged incident and the casino visit.
    In 2006, the comedian settled with Ms Constand after providing an undisclosed cash sum to her.
    Mr Schaffer also said police knew Mr Cosby had vision problems more than a decade ago, supporting the actor's claim that he is blind.
    Judge O'Neill rejected a request to call the defence's second witness, a woman who worked with Ms Constand at Philadelphia's Temple University, where Ms Cosby met the accuser.
    The prosecution rested its case on Friday after five days of testimony from witnesses including Kelly Johnson, who claims Mr Cosby drugged and sexually abused her in 1996 under similar circumstances.
    Media captionCosby accuser Lili Bernard speaks out ahead of trial
    The case is seen as the biggest US celebrity court case since the murder trial of former American football player OJ Simpson in 1995.
    If convicted, Mr Cosby faces up to a decade in prison.

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