Judge Steven O’Neill stated on the record that the Commonwealth’s case has officially rested as of 9:53 a.m. Monday.
Defense attorney Brian McMonagle moved for a judgment of acquittal, stating that the Commonwealth has not presented any evidence that proved the alleged crimes occurred within the 12-year statute of limitations under Pennsylvania law. Furthermore, McMonagle cited Constand’s repeated inconsistencies she presented throughout her two-days of testimony, including the police report. Judge O’Neill denied that motion.
Cosby was put under oath as Judge O’Neill collequied Cosby regarding his right to testify – to ensure that Cosby had conversations with his attorneys with two essential matters in regards to his case. First and foremost, witnesses.
Cosby confirmed that the only witness that will take the stand is Detective Schaffer. Judge O’Neill informed Cosby that he has the right to call character witnesses, which he decided not to do.
Cosby will not testify during the trial. “The jury will be instructed that no inferences are to be made of that decision,” Judge O’Neill stated in court, citing that it is an absolute right protected under the United States Constitution.
The first defense witness, Detective Schaffer, took the stand at 10:19 a.m. and finished in less than 8 minutes. The defense rested their case at 10:25 a.m.