Using twelve year old evidence that just barely is inside the statute of limitations in the state of Pennsylvania, one of the cases that started the avalanche of women accusing comedian and actor Bill Cosby of sexual assault and abuse will go to trial. Judge Elizabeth McHugh decided that the Affidavit given by accuser Andrea Constand was sufficient for a reason to go to trial.
The Affidavit itself was read aloud in court by one of the officers who took the statement, Katherine Hart, and was decried by the defense attorney as Ms. Constand was not in court today. The statement itself brings chills to any person with a modicum of decency.
In her affidavit Constand told police that Cosby gave her wine and pills and then sexually assaulted her while she was unconscious.
‘I got scared,’ Constand told police of the alleged assault.
‘I had no strength in my legs. They felt rubbery and like jelly. I felt spacey. Everything was blurry or dizzy. I had no thought to call 911.’
She later told police; ‘I told him, “I can’t even talk, Mr. Cosby.” I started to panic.’
Constand claims she arrived at Cosby’s home on the night in question and was greeted by the actor, who was wearing a sweatsuit.
The two spoke about Constand’s future, and she told Cosby she was feeling ‘drained’ and ’emotionally occupied’.
That is when Cosby allegedly went upstairs and returned with three blue pills. telling Constand: ‘These will make you feel good. The blue things will take the edge off.’
Constand claims she then asked if the pills were herbal, to which Cosby replied: ‘Yes. Down them. Put ’em down. Put them in your mouth.’
According to the affidavit of probable cause, Cosby then told Constand to have some wine, and soon after she began to have trouble speaking and seeing.
Cosby then allegedly told her to lie down on the couch, and soon after, according to the affidavit of probable hearing, was ‘fondling her breasts, put his hands into her pants, and penetrated her vagina with his fingers’.
More disgusting details are available in The Daily Mail story.
The affidavit was taken in 2004, and from there a civil case ensued in 2005 that included the deposition – admissible evidence – described in this space earlier today. According to Constand, who was with Temple University’s women’s basketball program at the time, after she woke following the assault which was not the first time the accused made advances toward her, Cosby gave her a muffin and sent her home. Due to the statements, the judge decided to move forward with a trial that could result in a prison sentence of up to 30 years.
Constand is one of dozens of women who have come forward and have accused Cosby of sexual assault in recent months. Many of the women are being represented by Gloria Aldred, who was in the courtroom today, and have no chance at a jury trial against Cosby as the statute of limitations has run out on their cases.
Brian McMonagle, lawyer for the defense, is launching a vigorous defense including accusing Constand of violating the previous agreement that resulted in essentially paying her off.