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20 April 2018, 01:05 | Ivan Casey
Image Bill Cosby departs the Montgomery County Courthouse after the first day of his sexual assault retrial
The judge in Bill Cosby's sexual assault retrial has ruled jurors can hear the comedian's prior evidence about giving medication known as quaaludes to women before sex.
Cosby said he gave Constand one and a half tablets of the cold and allergy medicine Benadryl to help her relax, then fondled her breasts and genitals, according to the transcript, which was read to the jury on Tuesday morning. "I was thinking how wrong it was".
In the prior deposition, Cosby said he acquired seven prescriptions for Quaaludes from a Los Angeles doctor in the 1970s, but never took any of the now-banned sedatives himself.
Andrea Constand told jurors last week that Cosby knocked her out with pills and then sexually assaulted her. Cosby, now 80, says Constand consented to a sexual encounter.
Constand, who's from the Toronto area, told Mesereau she was just being nice when she hugged Cosby or kissed him on the cheek, because she was grateful for his friendship and mentorship.
Prosecutors contend Cosby used either Quaaludes or a similar drug to incapacitate Constand in 2004. She said he smelled of cigars and espresso as he got on top of her in his Lake Tahoe, Nevada, hotel room. The evidence backed testimony from Constand, who said she likely was returning calls from him about Temple women's basketball.
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She told jurors that Cosby said he "felt like a dirty old perverted man" and, at the end of the call, conceded he was a "sick man".
"Were you able to verbalize and tell him to stop?" prosecutor Kristen Feden askedConstand. Tom Mesereau briefly touched on the phone records, particularly pointing to calls between Constand and Cosby on Valentine's Day, several weeks after the alleged assault.
Phone records show Constand, the former director of women's basketball operations at Temple University, made brief calls to Cosby around the time of a Temple home game on February 14, 2004, the month after the alleged assault.
He said he didn't directly ask for permission to touch her private parts, but that his actions were a form of a wordless question.
Cosby tracked her down to Bali, where she was modeling for an oil company calendar, and asked her to Lake Tahoe "to further talk about my career". However, this time around, Cosby's lawyers had apparently time to study her. "It tore my family apart and we just wanted it over", she said. She took it and soon became woozy and "slightly out of it".
Cosby told investigators he had a social and romantic relationship with Constand. "His robe opened up".
Cosby's victim-blaming lawyers tried their utmost to discredit her story and tried to cast her as a gold digger and an opportunist. Only one other accuser, Kelly Johnson, who worked for Cosby's agent, was permitted to give testimony the first time around.
Constand's attorney asked him, "When you got the Quaaludes, was it in your mind that you were going to use these Quaaludes for young women that you wanted to have sex with?" It was written by ghostwriters.
"He said to me, 'Don't worry, Mom, there was no penile penetration, '" Gianna Constandtestified.
Also testifying for the prosecution was James Reape, a detective with Montgomery County, who acknowledged that Ms. Constand had provided conflicting time frames. "He proceeded to tell me what he did to her sexually".
(AP Photo/Matt Rourke, Pool)[/caption] Defense lawyers questioning Bill Cosby accuser Andrea Constand spent part of Monday zeroing in on her financial situation, in an apparent effort to make economic self-interest more central to the case than during Cosby's initial trial previous year.
The defence has dismissed the other women's testimony as "prosecution by distraction".
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Jackson said the statements are the same, but a person on Cosby's first legal team may not have written down all the information. If convicted, Cosby could get up to 10 years in prison on each of three charges of aggravated indecent assault against Constand.
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