Jurors in Bill Cosby’s sex assault retrial Monday saw phone records that show the comedian’s main accuser never called him the night she claims she was drugged and molested — contradicting what she told police.
“I called him from the street, and told him I was here in the driveway,” Andrea Constand told the Montgomery County Detective Bureau under questioning in 2005, a year after she says Cosby, once known as ”America’s Dad,” drugged and molested her in his suburban Philadelphia home.
Cosby’s defense team attempted to get the case against the now-80-year-old comedian tossed based on the inconsistency earlier in the year, but Judge Steven O’Neill denied their motion.
“You told police you called him,” Cosby attorney Tom Mesereau asked.
“I gave my best recollection of the evening,” Constand told Mesereau, as he repeatedly asked her to find the call in her own phone records from January 2004. “Sometimes the gate was open, and I didn’t have to call.”
Mesereau also tried to rattle the former basketball player by combing through the some 70 calls between her and Cosby following the alleged sex assault — including two on Valentine’s Day 2004 — which Constand says were about the women’s basketball team.
“You called him on Valentine’s to talk about basketball?” Mesereau smirked.
“I called him back when he called me,” she responded.
And though Camille Cosby has appeared in court on her husband’s behalf just once, she was front and center Monday as the defense team slammed Constand for spending time alone with a married man.
“Did you say you never discussed with Mr. Cosby the fact that he was married?” the lawyer probed.
“I don’t believe I ever did,” said Constand, glowing from the weekend sun and wearing a dusty rose-colored spring jacket despite the torrential downpour hammering the courthouse roof.
“Did you ever ask him anything about his wife?” Mesereau asked, to which the 45-year-old calmly replied, “No.”
“Did he ever tell you anything about his wife?” the lawyer continued.
“No,” the former Temple University women’s basketball administrator replied.
Constand, now a massage therapist, again testified about her visit in November 2003 to the Foxwoods Casino with Cosby.
She returned to his room around 11 p.m. that night after dinner, she admitted, because he’d called and invited her to come by and have some dessert.
“Did you think it appropriate that you be in a married man’s room in Connecticut in that time?” Mesereau asked.
“I was asked to come up for some baked goods,” Constand replied. The baked goods were never produced, and Cosby lay next to her as she on the edge of the bed. He fell asleep and she left, she testified.
On Friday, Cosby’s defense team pursued a similar line of questioning: focusing on Constand’s seeming lack of interest in Camille or her whereabouts.
“In all these visits to be with Mr. Cosby, did you ever see his wife?” she was asked, to which she replied, “No.”
“It was none of my business,” she added.
Camille, 74, Cosby’s wife of more than 50 years, only appeared in the courtroom a single time last summer, during closing statements in her husband’s first trial. That trial ended last June when jurors remained unable to return a verdict on any of the three counts of aggravated indecent assault.
She has yet to appear at his retrial.
In an erratic yet calculated attack Monday, Mesereau quickly jumped from one line of questioning to another — at one moment asking about her $3.4 million civil settlement with his client, and at another, accusing her of taking part in a pyramid scheme.
“Were you trying to get people to enroll in the pyramid?” he asked.
Constand, a Canadian, said she’d donated the requested amount, $65, to the “business,” but that she was “just helping a friend” and wasn’t aware of any pyramid scheme.
Earlier in the day, O’Neill apologized to jurors for the late start, saying he’d torn his retina over the weekend and was only able to make an appointment for Monday morning.
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