“Do you recognize the name, Marguerite “Margo” Jackson?” Assistant District Attorney Feden asked Andrea Constand, the chief accuser of comedian Bill Cosby. “I recognize the name,” Constand replied, contradicting her previous testimony at last year’s trial where she testified that she had never heard the name “Margo” Jackson.
“You mention that you remember rooming alone, do you ever remember rooming with her when the basketball team was traveling?” Feden asked. “No.” Constand firmly replied. “When you made travel arrangement, it was Dawn Staley who ultimately had the list and approved who stayed where and [who] stayed with who, is that accurate?” Feden asked in a follow-up.
“Yes it is.” Constand said. “It wasn’t you?” Feden asked. Constand firmly responded again, “No.”
Constand worked as the Director of Basketball Operations at the time, where her job functions included booking hotels, arranging travel and overseeing other stuff while the team traveled to away games.
Last year Constand provided approximately 5 contradicting statements, which ultimately led to the jury not being able to render a unanimous verdict, triggering a mistrial. This year, Constand added several different accounts to what allegedly occurred in Cosby’s Cheltenham estate in 2004.
Bill Cosby’s lead defense attorney Tom Mesereau, conducted the cross-examination of Constand and is set to continue his questioning Monday.
“Good afternoon Ms. Constand,” Mesereau said as he started his cross-examination against Andrea Constand, who alleges Bill Cosby drugged and sexually assaulted her in his Cheltenham home sometime in 2004.
“Ms. Constand my name is Tom Mesereau and I’m here to speak for Mr. Cosby. Okay? If anything I say is not clear or you don’t understand the questions, please tell me. I’ll try to rephrase it. Okay?” Mesereau continued. “Please don’t answer anything you completely don’t understand, okay?”
January 14, 2005: Statement to Durham Regional Police Service
Mesereau provided Constand with a copy of a police report she filed with the Durham Regional Police Service in 2005. “Have you seen that document before?” Mesereau asked. “Yes.” Constand replied.
“When did you last see this document?” Mesereau asked. “I don’t recall,” Constand said, though it was a focal point during the previous trial in 2017. “Have you been questioned about this document in relevant proceedings?” Mesereau asked.
Taking a pause, Constand answered, “What’s relevant proceedings?”
“Well, I’ll rephrase that. Have you been questioned about this document before in your lawsuits against Mr. Cosby.”
“I don’t believe I was. Not that I recall right now.” Constand told him, again, forgetting she was on trial 9 months ago where this report was used to prove inconsistencies.
“You don’t recall being questioned about the police report you made to the Durham,” Mesereau said, Constand cutting him off changing her answer to “Oh yes. I’m sorry. Sorry.”
“Okay.” Mesereau said. “The answer is yes,” Constand pointed out again.
“Did you tell the Canadian Police that Cosby inflicted possible intercourse on you?” Mesereau asked. “No I did not” she replied. “So they made a mistake there, is that true?” Mesereau asked. “I can’t speak for them sir” she replied. “It says possible intercourse but you didn’t say that, correct?” Mesereau asked again. “No I didn’t” Constand replied. “So it would appear that it’s not what you told them that they wrote down, correct?” Mesereau said. “Um, that’s right” Constand answered. “Okay. Look further down. Did you tell them you were a casual acquaintance of Bill Cosby?” Mesereau asked. “I don’t remember saying that” Constand confidently said. “So they appear to be their words, not yours, correct?” Mesereau asked. Again pausing for a few seconds before replying, “correct.”
“Lets look at the narrative, do you see that?” Mesereau asked. Feden objected, saying the report wasn’t substantive, Mesereau then asking Feden, “What do you mean it’s not ‘substantive’?”
Judge Steven T. O’Neill overruled the objection, allowing Mesereau to continue his line of questions.
“Did you tell the police that the character Cliff Huxtible on the long running comedy The Cosby Show had assaulted you?” Mesereau asked. Feden, standing up to object again, “Your Honor,” before Judge O’Neill cut her off again stating, “he can ask that question and she could say no, so, overruled.”
“No, I didn’t say that.” Constand replied. “So if that appeared on the report that would be incorrect, right?” Mesereau asked. “I never said those words” she replied.
“Did you introduce yourself to Cosby?” Mesereau asked. “I was introduced to Mr. Cosby” she told Mesereau. “So if the police in Canada wrote down you introduced yourself to Cosby, that would be incorrect?” Mesereau asked. “Correct” Constand said.
“Did you ever tell the police you would dine at restaurants with Bill Cosby periodically?” Mesereau asked. “Well, I told them the truth. That was the truth.” Constand said. “Did you periodically go to restaurants with Bill Cosby?” Mesereau followed up. “Um, not alone sir but on a couple of occasions, yes.” Constand said.
“What restaurants did you go to?” Mesereau asked. “I don’t know the name of the one in New York City but the other one was a Chinese restaurant somewhere in downtown Philadelphia, so two.” Constand said.
“Now, prior to the assault, did you tell the police that you had never been alone with Mr. Cosby?” Mesereau asked. “Where is that? Is that written down?” Constand asked.
“Yes. 1, 2, 3, 4, 5 lines down.” Mesereau pointed out. “Did you tell the police in Canada that prior to the assault you had never been alone with Bill Cosby?” Mesereau asked again. Constand, following along with her original police report replied, “I’m not sure.”
“Well, if, they wrote down that you told them you had never been alone with them prior to the assault would that be correct?” Mesereau asked. “If I did then I would be mistaken” she replied.
“Did Mr. Cosby give you perfume?” Mesereau asked. “Yes he did,” she replied. “Did you take it?” Mesereau asked. “Yes,” she replied. “Did he buy you three cashmere sweaters?” Mesereau asked. “He did,” she replied. “Did you take them?” Mesereau asked. “Yes,” she replied.
“If you told police in Canada that you communications with Mr. Cosby following the assault were rare and brief, that would be incorrect, right?” Mesereau asked.
Constand, knowing now that the defense had her original police report given to Durham County Police in Canada, Montgomery County Detectives, Cheltenham Police, her lawsuit against Bill Cosby in 2005 and her previous testimony in 2017 before them, stuttered, “That would be. I, ugh.” pausing for about ten seconds before continuing. “I,” with a brief pause again. “That would be, that would be – it would be, I did speak with him. Yes. That’s the answer.” Constand finally replied.
“Does it sound right that you called him over 50 times after you say you were assaulted? Does that sound correct?” Mesereau asked.
“Several times sir.” Andrea continued. “I’m not sure exactly how many.”
“Well, you called him repeatedly after it happened, did you not?” Mesereau asked. “I can’t say for certain,” Constand replied.
“We’re going to go through the phone records.” Mesereau told her before asking, “do you remember calling him twice on Valentines Day after you say you were assaulted?”
“Um, I don’t remember that at all.” Constand answered, matching 2017 testimony when Cosby’s former attorney gave her a similar line of questioning. “Okay. We’ll go through the phone records with you.” Mesereau added.
“Did you have dinner with Mr. Cosby at a Chinese restaurant after you were assaulted?” Mesereau asked. “No.” Constand replied.
“After you say you were assaulted, you had dinner with him at Chinese restaurant, correct?” Mesereau asked. Constand, not sure how to word her answer told Mesereau “Um, I was mistaken sir. That was not the evening of the incident.”
“We’ll get to that. After you say you were assaulted, you had dinner at a Chinese restaurant, correct?” Mesereau asked again.“I’m confused.” Constand said, as jurors looked over at her, also confused.
“Did you have dinner at a Chinese restaurant with Mr. Cosby after you say you were assaulted?” Mesereau asked for the 3rd time. “No.”
“Not that following March?” Mesereau asked, hinting he was basing his question off of one of her previous testimonies.
“The dinner was in March…” Constand said, pausing again. “I’m confused, I’m really sorry. Could you repeat the question?”
“Yes, yes.” Mesereau said, before repeating the question for the 4th time. “You certainly had dinner with him at a Chinese restaurant in March and then went back to his house, correct?” Rephrasing it, so Constand could understand it better.
“No. That didn’t happen” Constand said.
Mesereau quickly replied, “You did,” and repeated it in a softer tone, “you did.”
“Yes I did,” Constand said, repeating it for a second time, “yes I did.”
“You went back to the house of the person who had assaulted you to talk to him alone, correct?” Mesereau replied. “I did. I wanted to know what he gave me and why he did that to me.” Constand told him.
“And after that you arranged to have your family to go to a concert with him, correct?” Mesereau asked. “Ohhhhh, yes” she told him.
“Did you tell the police ‘the complainant advised the incident was a significant factor for her resignation?’” Mesereau asked.
“I may [have] mentioned it because to some degree it was a very painful incident.” Constand told him, but testified several times prior to that, that the night she was assaulted, she was visited Bill Cosby’s house to tell him she was planning to resign to get a job as a massage therapist.
“But you went to see Mr. Cosby the night you said you were assaulted to say you were resigning, correct?” Mesereau asked. “Yes.” Constand replied.
January 19, 2005: Statement to Cheltenham Township Police Department
Mesereau then provided Constand with a copy of her 2nd police report filed just days after the first one to compare the two statements given. “Ms. Constand I’ve given you a document that’s titled Cheltenham Police Department Investigation and Interview Report, do you see that?” Mesereau asked. “Yes.” Constand told Mesereau.
“And this suggests that you interviewed with the Cheltenham Township Police Department on January 19, 2005, right?” Mesereau asked. “Yes,” Constand replied. “So this would’ve been a few days after you spoke to the Durham Police, right?”
“That’s right.” Constand replied.
“Okay. Did you tell the Cheltenham Police on Jan 19, 2005 that the date of the alleged incident may have been March 16, 2004?” Mesereau asked.
“Yes sir.” Constand replied. “Now why did the dates change from January 2004 to March 2004 in a few days?” Mesereau asked, comparing the statement she gave the Durham Regional Police just a few days prior to the statement she gave to Cheltenham Police. “Because I was mistaken on the night of the Chinese food and the actual night of the incident.” Constand replied.
“Well the night of the Chinese dinner was apparently March 16 right?” Mesereau asked. “That’s right.” Constand replied.
“That’s the night you said you went back to his house, correct?” Mesereau asked. “I did go back to his house, correct.” She told him.
“Why did you get that confused?” Mesereau asked. “I was just trying to recall, um, whenever I met with the police I was just trying to recall an enormous amount of, um, information and I was very nervous and,” Constand continued. “Um, I was trying to piece it, I was just trying to piece it together.”
“Why did knowing when you had dinner at a Chinese restaurant affect when you believe the assault had occurred?” Mesereau asked. “It was a time knowing when I had seen Mr. Cosby. Um, but, I didn’t, but I forgot it was the time I had confronted him. I actually went to his home to confront him that evening.” Constand said.
“Didn’t you tell the jury you had nothing to eat before you went to his house and were assaulted?” Mesereau asked. “I was on an empty stomach sir. I had little to no food in my stomach when I went to see Mr. Cosby that night.”
“But if that’s true, why did you think the night you had dinner at a Chinese restaurant was the night of the assault?” Mesereau asked.
“It was just confusion on my part sir I indicated that I was mistaken just a little confusion.” Constand said.
“Did you tell Cheltenham Police you had been to Mr. Cosby’s home 3-4 times and that the visits were always business related?” Mesereau asked. “I may have yes.” Constand replied. “But all your visits with Mr. Cosby were not just business related, correct?” Mesereau asked. “They were business related and personal.” Constand replied.
“Ok. You told the police attorneys you had contacted in Philadelphia, correct? Mesereau asked. “I did.” Constand said. “You called them before you called the police in Durham, correct?” Mesereau asked. “That’s right.” Constand said.
“Was this the 1st time you had ever tried to hire a lawyer?” Mesereau asked. “Yes.” Constand replied.
Mesereau, in a loud distinguished tone asked: “Ma’am you hired a lawyer to try and get immigration status in America didn’t you?”
“I believe that was many years later.” Constand replied.
“Later?” Mesereau asked. “Yes.” Constand told him. “Or was it during the years at Temple?” he followed up. “No, Temple had an immigrations advisor I had dealt with and they did all the paperwork.” Constand told him.
“And you told the Cheltenham Police you don’t have money, correct?” Mesereau asked.
Constand, stuttered “I, I don’t, um. It’s. It’s. I. It just says. I don’t have money, I would be putting it on my Visa I don’t know what that’s in regards to.”
“I’m just asking if you said that to them,” Mesereau replied. “I don’t know sir. I don’t know what it’s in regards to or why I would say that.” Constand said.
January 22, 2005: Statement to Montgomery County Detectives
“Did you tell Montgomery County Detectives your responsibilities were to organize travel, game promotions and you had traveled with the team, correct?” Mesereau asked. “Correct.” Constand said, contradicting what she told prosecutors earlier that day when she testified that she was not responsible for travel arrangements.
“Now moving to the next page, if you looked at the next to last question it says Under what circumstances did you leave the university, do you see that?” Mesereau asked. “Yes.” Constand told him.
“Did you tell the police you wanted a ‘change in my life, I thought it was dead end position for me, I knew a different path was on my horizon?’” Mesereau asked.
“Yes I said that.” Constand said. “According to this interview, you never mention Mr. Cosby was a reason for you leaving the university, correct?” Mesereau asked. “Correct.” Constand said.
“After your second visit, you drove all the way to Connecticut to see him on another occasion, correct?” Mesereau asked. “Correct.” Constand said. “When you drove to Connecticut, did you think he had any physical interest in you?” Mesereau asked. “No, I did not.” She replied. “You knew he was married, correct?” Mesereau asked. “Yes,” Constand replied, in a more quiet tone than before. “Twice you drove to his house and went in [through] the back door, correct?” Mesereau asked. “That’s right.” She told him. “Now, you’re driving to Connecticut to be in a hotel where he’s staying, correct?” Mesereau asked. “Um, yes.” She said.
“You checked into your room, correct?” Mesereau asked. “That’s right.” Constand said. “You went and had dinner with he and another person in his room, correct?” Mesereau asked. “That’s right.” Constand said.
“[You] went back to your room, correct?” Mesereau asked. “That’s right.” Constand said. “[Then] went up to his room, correct?” Mesereau asked. “Yes.” She said. “Did you think there would be any interest, by him, towards you, when you went up to his room for a second time?” Mesereau asked.
“No. I went up for a pastry he was offering me.” Constand said, referring to the “baked goods” she told prosecutors he had promised her. “So, you didn’t think when you went up he would have any physical interest in you?” Mesereau asked again. “No.” Constand said.
“And in the hotel room you laid in his bed, correct?” Mesereau asked.
“I didn’t lay in his bed sir.” Constand said, contradicting several other reports.
“Your honor, I would like to read to the jury sworn testimony from Ms. Constand.” Mesereau said, referring to her previous testimony.
“Do you remember being deposed in your lawsuit against Mr. Cosby in 2005?” Mesereau said. “Yes I do.” Constand replied.
“You were asked the question, ‘did you lay in a bed with him in a hotel room?’ and you said ‘yes.’”
“Right.” Constand replied, as jurors looked back and forth.
“Thank you.” Mesereau said, showing jurors that she had lied under oath either in her lawsuit against Bill Cosby where she asked for over $3 million or on the stand before them.
“Now, you testified under oath in your deposition that you had always taken the position that the assaulted occurred in January of 2004, right?” Mesereau asked. “That’s right.” Constand said. “That was false, correct?” Mesereau asked. “No that’s true.” She said. “You had told the police in Pennsylvania it had happened in March, correct?” Mesereau asked. “I did before, but I told them I was mistaken.” Constand replied.“Now to come up with the March date, didn’t you secretly record someone in Philadelphia?” Mesereau asked. Assistant District Attorney Feden, again objected to his question. Judge O’Neill overruled the objection. “She could answer that.”
“Um, we did speak with Marilyn Gordon.” Constand said. “And who is she?” Mesereau asked. “I don’t remember.” Constand replied. “Wasn’t she a counselor at Central High School in Philadelphia?” Mesereau said, refreshing her recollection. “Maybe, yes.” Constand said. “Why did you secretly record her?” Mesereau asked again. “I’m not sure actually. I don’t remember that conversation specifically as I sit here, um, but, I was trying to figure out the date when the incident happened sir.” Constand replied.
“How did you think secretly recording Mrs. Gordon would help you come up with the date of the alleged assault?” Mesereau asked. “I didn’t push the button. I didn’t even really know sir. I didn’t do the recording. My mother did.” Constand said.
“I guess my question is, you told the jury repeatedly that you didn’t have any dinner before the alleged assault, right? I said I did not have much food in my stomach yes
“So why are you recording Mrs. Gordon to try and figure out what the date of the assault is?” Mesereau asked again. “I don’t know.” Constand said.
“Because you had a big dinner at a Chinese restaurant with Mrs. Gordon, correct?” Mesereau asked. “Yes sir. As I think I stated before I think I was mistaken.” Constand said. “Did you tell Mrs. Gordon she was being recorded?” Mesereau asked, with an objection from the prosecution. Judge O’Neill overruled the objection, telling Constand to answer the question. “Did you tell Mrs. Gordon you were recording her?” Mesereau asked again. “I’m not sure.” Constand said.
“Why did you think recording Mrs. Gordon, a counselor at Central High School in Philadelphia, would help you remember when the assault occurred?” Mesereau asked. Feden objected, again Judge O’Neill overruling her objection. “Because she was in attendance, at that dinner – at that Chinese food dinner.” Constand said.
“But you said you didn’t eat anything before the assault, correct?” Mesereau asked again. “I didn’t,” Constand paused again. “I didn’t. I didn’t eat anything, that’s right. I’ve stated that, but I was just confused and mistaken sir. I was very nervous, and, but, and I knew it had occurred in, and,” Constand continued, confused. “I was eventually able to determine it happened in early January. It was simply trying to piece a lot of events together.”
“Before the alleged assault, had you had any physical contact with Mr. Cosby of an intimate nature?” Mesereau asked. “No.” Constand replied.
“Your Honor,” Mesereau told Judge O’Neill. “At this point, I would like to show the witness another point in her sworn deposition, if I may.” Judge O’Neill allowed it.
“Ms. Constand I asked you did you have any physical contact with Mr. Cosby of an intimate nature before the alleged assault and what is your answer?” Mesereau asked. “My answer is no.” Constand said.
Mesereau reading from an excerpt Constand gave during a sworn testimony at her civil suit against Bill Cosby:
“Question: Did you have any physical contact with Mr. Cosby before this alleged assault? Answer: Physical contact? Question: Of an intimate nature? Answer: Yes.”
“How many times did you visit Mr., Cosby at his home?” Mesereau asked.
“4.” Constand confidently answered.
“So there would be, the 1st time [where] he put his hand on your thigh, correct?” Mesereau asked. “Correct.” Constand said.
“So then there’s the 2nd where you say he unbutton and tried to unzip your pants, correct?” Mesereau asked. “No. That wasn’t the 2nd time.” Constand answered.
“What time was that?” Mesereau asked. “The 4th.” She told him. “That was the 4th time?” He asked again. “Right.” She said.
Mesereau replied, “Pardon me, 2nd time is when restaurant people are there, correct?” Constand replied, “Yes.”
“3rd is when representatives of Swarthmore College and University of Pennsylvania representatives were there, correct?” Mesereau asked. “Correct.” She replied.
“4th time is when you’re alone with him and he tries to unbutton or unzip your pants, right?” Mesereau asked. “That’s right.”
“Okay.” Mesereau smirked.
“Then you’re saying the 5th time is when you were assaulted? Correct?” Mesereau asked. “Does that sound right?” He continued. “That’s correct.” Constand said.
“6th time is when you go back after the Chinese dinner in March, correct?” Mesereau asked. “That’s right.” Constand replied. “Okay,” Mesereau replied. “And in between, you went to Foxwoods Casino, right?”
“That’s right.” Constand said. “And you had two trips to New York, Correct?” Mesereau asked. “That’s correct.” Constand said.
“Now, in all of these visits to be with Mr. Cosby, either in New York, his house, or Connecticut, did you ever see his wife?” Mesereau asked. “No, I never saw her.” Constand said. “Did you ever ask him where she was?” Mesereau asked. “No.” Constand said in a quiet tone. “Did you care?” Mesereau asked. “It was none of my business.” Constand said, in a very soft tone.
The trial is scheduled to resume on Monday, April 16 where Tom Mesereau will continue his cross-examination.