Constand alleges the entertainer drugged and sexually assaulted her at his Pennsylvania mansion in January 2004. But when she reported the alleged attack to Canadian police on Jan. 13, 2005, she said it happened in March 2004, after she’d gone out to dinner with Cosby and others at Central High School in Philadelphia, Cosby’s defense lawyers said.
Cosby’s lawyers said that when Constand spoke with Cheltenham Township, Pennsylvania, police by phone on Jan. 19, 2005, she said the exact date of the incident was March 16 — a date she thought she had confirmed by contacting someone else who attended the Central High dinner.
But when she did an in-person interview with Cheltenham detectives three days later, she told them it happened “between mid January and mid February 2004” at Cosby’s home, and the pair had not gone out to dinner with others beforehand, Constand confirmed on the stand.
Defense attorney Angela Agrusa spent hours going over Constand’s phone records, zeroing in on ones made on March 16, 2004, during the timeframe she had previously alleged the assault took place.
“During the very time you told the police you were drugged and unconscious you were on the phone with a period of time making multiple phone calls,” Agrusa told Constand.
Constand confirmed this was true, but said that at the time she made the claim, she had been trying to access her phone records from Temple University, her employer, to pin down when the alleged assault occurred.
On Tuesday, Constand testified, “I was having to recall a lot of facts,” adding that “it was very overwhelming.”
“There was a lot of confusion trying to put a lot of dates together,” Constand said Tuesday.
Constand, then the director of operations for the Temple University women’s basketball team, testified Tuesday that the comedian gave her three pills he said were herbal pills to help her relax before sexually assaulting her when the pills incapacitated her.
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Cosby, 79, faces three counts of aggravated indecent assault for the alleged assault of Constand, 44.
Constand, who is gay, says the sexual contact with not consensual.
Defense attorneys are trying to poke holes in Constand’s credibility by detailing her conflicting statements about when the alleged incident happened and also by noting that Constand contacted private attorneys before going to police in 2005.
On Tuesday, Montgomery County Assistant District Attorney Kristen Feden asked Constand why she contacted a private lawyer before police.
“I was really scared,” Constand said. “I wanted guidance and I wanted to protect myself because I felt that if I went to the police that Mr. Cosby would retaliate and try to hurt me.”
On Wednesday, Cosby appeared to be listening closely to Constand’s testimony, his head turned slightly to the side while Brian McMonagle, his other defense attorney, sat next to him.
Both were more restrained in their reactions to her testimony than they were on Tuesday, when Cosby smiled at some of the more emotional points of her testimony and McMonagle shook his head and mouthed the word ‘Wow’ when she spoke of one of the times Cosby allegedly came onto her and she rebuffed him.
On Wednesday, Agrusa repeatedly asked Constand about why she continued spending time alone with Cosby even after he’d allegedly made previous sexual advances towards her, which she rebuffed.
On Tuesday, Constand had said, “I trusted him,” adding, “I wasn’t scared if something became a pass at me or became an advance at me.”
The Alleged Assault
Constand said she first met Cosby in late 2002 at a women’s basketball game at Temple University in Philadelphia, after being introduced by a donor. Cosby is one of Temple’s most famous alumni and a big supporter of the team.
Cosby followed up with a phone call with questions about the team and slowly, she testified in court Tuesday, he became her mentor and her friend.
Not long after she arrived at his home on the night in question in January 2004 to discuss a career crisis, she alleged that he offered her three pills he said were herbal medication, she said Wednesday.
Within 20 to 30 minutes she began to slur her words and had trouble seeing, she testified.
“I told Mr. Cosby that I could see two of him,” she said. “My mouth was very cottony…. Mr. Cosby grabbed me, helped me by the by arm and he assisted me over to a couch and said, ‘Just lay down here and relax.’ “
Constand continued: “Mr. Cosby … laid me down. … I was laying on my left side and placed some pillow under my neck. I don’t really remember passing out. I have no recollection until at some point later I was jolted awake… and I felt Mr. Cosby’s hand groping my breasts under my shirt. I also felt his hand inside my vagina moving in and out. And I felt him take my hand and place it on his penis and move it back and forth.”
She was unable to speak or move to make him stop, she alleged.
“The next thing I recall is putting my two feet on the ground and feeling my brassiere up higher around my neck and I looked at my watch,” she said, wiping a tear away from her left eye. “And it was sometime between 4 and 5 [a.m.] and I needed to get home because I had to go to work.”
She said she walked toward the kitchen and Cosby was there and offered her tea and a muffin.
“I was very confused and disoriented,” she said.
She said she took two sips of the tea, nibbled the top of the muffin and left.