As Bill Cosby carefully tests the waters for his low-key redemption tour, his lawyers are working to have his sexual assault case dismissed, accusing prosecutors of failing to disclose and destroying potentially incriminating evidence.
The retrial, set for April, concerns allegations that Cosby drugged and sexually assaulted Andrea Constand in 2004—accusations that his attorneys are seeking to destroy using a few different tactics.
One pretrial motion filed Thursday holds that the incident exceeds the statute of limitations period. The other argues that prosecutors have admitted to interviewing a former co-worker of Constand’s named Marguerite Jackson, who allegedly said that Constand revealed to her that Cosby hadn’t assaulted her at all, but that she thought she could plausibly falsify the charges and get rich.
“This evidence is obviously devastating to the credibility of the one and only witness who testified that Mr. Cosby had committed the sexual assault,” the defense motion said. According to the Legal Intelligencer:
Lawyers for Cosby filed a motion to admit testimony from Jackson that included an affidavit from Jackson saying she and Constand were on a work trip when they discussed another prominent person facing sexual assault allegations. Constand first said she had also been assaulted before changing her story, the affidavit said, but when Jackson pressed her as to whether the assault really happened, Constand allegedly responded. “No, it didn’t but I could say it did.”
During the June trial, Constand testified that she did not know Jackson, but the judge blocked the defense from inquiring further. Now, Cosby’s new legal team said that Thursday’s filing is a linchpin in their argument, writing that “Her [Constand’s] statement established a motive to fabricate such a story, specifically that it could enable her to get money to pay for school and to open a business.”
Cosby’s attorneys are also saying that not only was the interview with Jackson never disclosed, but that notes from the day were actually destroyed.
A spokesperson for the Montgomery County DA told the Legal Intelligencer that prosecutors will file a response within 10 days.
Meanwhile, the prosecution has been keeping itself busy as well, asking that 19 additional women accusing Cosby of drugging and sexually assaulting them be allowed to testify at the retrial in April.