Prominent defense attorney Thomas Mesereau, who successfully defended some of the most recognizable icons in the world, including Michael Jackson, filed several motions on behalf of comedian Bill Cosby Thursday.
Mesereau is the lead attorney on Cosby’s “powerhouse” team of lawyers and investigators.
“It is reasonable to believe the prosecution knowingly put on perjured testimony and made false representation to the Court,” Mesereau said. “Each one of these violations is a serious breach of the prosecutors’ ethical duties, and taken together they rise to the level of egregious misconduct warranting dismissal.”
Court documents state Montgomery County District Attorney Kevin Steele & his office violated several constitutional rights throughout the investigation and trial.
“The prosecution recently disclosed for the first time that, prior to the first trial in this case, a prosecutor and two detectives interviewed a crucial witness, Margurite Jackson who told them that in 2003 or 2004, the complaining witness, Andrea Constand, had told her that she had not been sexually assaulted,” Mesereau stated in the motion to dismiss the charges due to prosecutorial misconduct. “She could say that she had, file charges, and get money.”
According to the documents, Steele and his office destroyed crucial interview notes taken that could’ve prevented the jury deadlock in June 2017 by providing enough reasonable doubt to exonerate the entertainer of the sexual assault allegations.
Furthermore, Steele and the prosecution allowed Constand to lie under oath during the vigorous trial.
“Despite their knowledge of Ms. Jackson’s and Ms. Constand’s relationship, the prosecutors stood silent while Ms. Constand testified under oath that she did not know Ms. Jackson,” Mesereau wrote.
Mesereau accuses Steele of not only destroying exculpatory evidence, but knowingly allowing Constand to provide false testimony, stating that the conduct of the Montgomery County District Attorney’s Office was not accidental but rather part of a “persistent pattern of unethical behavior by this prosecution team,” stating that there may have been more interest in Steele building a political career rather than seeking justice.
POLITICS VS. JUSTICE
Montgomery County District Attorney Kevin Steele made a campaign promise similar to President Donald J. Trump’s during his election; the only difference? He followed through with it.
Steele vowed, as part of his political campaign, to get Bill Cosby, and according to Mesereau, he made it clear that “he will do anything to fulfill his campaign promise,” Mesereau asserted.
According to court documents, Steele and his office met and interviewed Ms. Jackson prior to the trial.
However, Steele and the prosecution neglected to inform the defense team of the meeting and failed to intervene when Constand falsely testified that she did not know or remember Ms. Jackson.
Who is Margurite Jackson?
According to the documents, Ms. Jackson and Constand often traveled together with the Temple women’s basketball team and roomed together when traveling.
Ms. Jackson claims that her and Constand were watching the news when Constand saw a prominent person had drugged and sexually assaulted women.
Jackson states while watching the news, Constand told her “that she could also claim that the same thing had happened to her, even though it had not really happened.”
According to Jackson, Constand told her that she could file charges, get money and use the money to go to school and open a business.
THE TRUTH COMES OUT
The truth came out during a telephone conference with Judge Steven O’Neil and the defense on January 17, 2018 when Montgomery County District Attorney Ryan informed Mesereau that he and two detectives interviewed Ms. Jackson and that they took notes regarding the interview, but ironically destroyed them prior to the trial.
The prosecution also objected to Jackson being permitted to testify on the basis that it would fall under hearsay, stating they had no evidence Jackson knew Constand – despite the fact that their own investigators also met with her around 2005 but destroyed the paper trail.
Court documents state that the prosecution admitted not only concealed the fact that prosecutors and investigators met with Ms. Jackson, but that they destroyed all notes from their meeting just in time for the 2017 trial.
The United States Supreme Court has long-held and enforced that a prosecutor violates a defendant’s due process rights when the prosecutor fails to correct perjured testimony.
Additionally, the Pennsylvania Supreme Court has held that “an established principle that a conviction obtained through knowing use of materially false testimony may not stand; a prosecuting attorney has an affirmative duty to correct the testimony of a witness which he knows to be false.”
Mesereau claims that this egregious act of misconduct reasonably points to Steele and his office prepared Constand for her testimony, particularly on how to answer any question regarding her knowledge of and friendship with Ms. Jackson and how the prosecution orchestrated Constand’s testimony to insulate herself from the critical impeachment evidence.
“Given the prosecution’s track record of misconduct in this case, it is difficult to view its failure to disclose and its destruction of evidence of Ms. Jackson’s statements as anything but an attempt to Deny Mr. Cosby the ability to present exculpatory evidence,” Mesereau stated. “Accordingly, at a minimum, the Court should order an evidentiary hearing at which the defense would be permitted to examine the members of the prosecution team regarding their interactions with Ms. Jackson and Ms. Constand and their decision to destroy the notes of their conversation with Ms. Jackson.”
There is a hearing date scheduled for March 29, 2018, where Judge Steven O’Neil will decide whether or not Mesereau will be permitted to question the investigators and prosecutors in regards to the destroyed evidence and perjured testimony.