DEFINING MOMENT: COSBY DEFENSE CLOSING ARGUMENT – DA LOOKS INTIMIDATED

Defense lawyer Brian McMonagle for Bill Cosby walks down a hallway for Cosby's sexual assault trial inside the Montgomery County Courthouse in Norristown, Pa., Monday, June 12, 2017. (David Maialetti/The Philadelphia Inquirer via AP, Pool)

Closing arguments started in the Cosby trial, much sooner than expected. Brian McMonagle presented the closing argument for defendant Bill Cosby. “When you looked over here,” as McMonagle walked over and held Cosby’s shoulder. “You would see someone who not only taught many how to smile, but taught us how to love each other, no matter what we look like no matter how different we are. As you look over here, you will also see someone who has been unfaithful. We’re not perfect.”

“You… Know… Why… We’re… Here… 12… Years… Later… Lets be real. We’re not here because of Andrea Constand. That was solved in 2005. We’re here because of this nonsense – because of them!” McMonagle banged on the chair next to district attorney, Kevin Steele. “He want’s to bang on his throne.”

McMonagle was very emotional during his closing argument. “I pray to god you do your jobs better than I did mine, and I think you will,” McMonagle continued. “Doing your jobs entitles one thing, to honor your oath. Your oath is pretty simple.”

“If you’re not here for this,” McMonagle stated, quoting Constand. “If you’re not here for this, when a man unzips your pants and sticks his hand down your pants, why would you go to Foxwoods Casino with him?”

McMonagle informed the jury that Americans of all walks of life have fought for the highest burden of proof, beyond a reasonable doubt. “If we hesitate at the end of a trial then your verdict should be not guilty – and that’s your oath.”

Oddly, throughout the closing statement, district attorney Kevin Steele did not change his facial expression and faced the table without making any movements.

McMonagle reminded the jury his promise that they would make it back before their parade for Pittsburg winning the Stanley Cup – spectators chuckled. He reminded them that Constand was untruthful time and time again throughout the investigation.

McMonagle stated that Constand stated she was having dinner on the night of her assault at a restaurant when she was invited back to Cosby’s estate. Constand changed her story throughout the trial, stating she might’ve not been out to dinner that night. McMonagle mentioned that nobody would’ve forgotten that detail – which Constand did during her testimony, changing her story numerous times. “Nobody would’ve forgotten that the next morning, the next month, 365 days later,” and his voice grew louder as he finished “no sexual assault victim would forget the night they were sexually assaulted if they were actually sexually assaulted.”

Constand told law enforcement twice that the incident happened after she went out to dinner at a restaurant with Cosby. Constand testified that she was assaulted after visiting Cosby’s estate in regards to her interest in becoming a massage therapist.

McMonagle stressed that even though Cosby didn’t have to speak to police, he gave a statement to them without any legal obligation. “What did he do?” McMonagle asks the jury. “He never shuts up, what do you think he did?” the jurors started laughing as they looked at the comedian.

McMonagle emphasized that Constand didn’t tell police about the other sexual encounters with Cosby, including one at his home and one at Foxwoods Casino in a hotel room; however, Cosby spoke to police and gave a full and detailed statement regarding the incident with Andrea Constand in 2005, giving police details that Constand left out, including their previous sexually suggestive encounters.

“When you left Pittsburg, you didn’t leave your commonsense,” McMonagle told the jurors, screaming “STOP THIS!” referring to the allegations that Constand and the Montgomery County district attorney’s Office have made against Cosby.

“Don’t leave your commonsense in Pittsburg folks,” he continued. “Stop this.”

“If I stayed on the phone with my wife for 49 minutes,” McMonagle continued on, “she’d think I’m having an affair.”

McMonagle brought up an argument he had made a few days prior, “2006, nothing. 2007, nothing. 2008, nothing. 2009, nothing” his voice grew louder as he said “2010, 2011, 2012, 2013, 2014.”

“We took you 300 miles for this?” McMonagle asked the jurors, referencing how the expert witness took the court for a joke when testifying.

McMonagle told the jury “they put reasonable doubt all over this case,” referring to the prosecution.

McMonagle kept screaming “STOP THIS!” while staring at the district attorney seated just next to the jury, throughout his closing argument.

“You were coming to meet the man who assaulted you to confront him about the sexual encounter and you were bringing him bathsalts? You came 300 miles for this,” McMonagle continued, then screaming “CAN WE STOP THIS?!”

This story will be updated as our reporters are permitted to leave the courtroom.