Andrea Constand given homework over weekend; reveals she lied about hiring lawyer, Mesereau asks why she’s there

Andrea Constand, key witness in the case against actor and comedian Bill Cosby, returns to the courtroom after lunch on the sixth day of Cosby's sexual assault retrial at the Montgomery County Courthouse in Norristown, Pennsylvania, U.S., April 16, 2018. REUTERS/Dominick Reuter/POOL

Ms. Constand, did you look at the other documents you took home over the weekend?” Mesereau asked. “Yes, this was my homework.” Constand said. “What was that document?” Mesereau asked. “Um, this document is a few emails that I sent out to a few different people.” Constand said. “Was one of them an attorney?” Mesereau asked.

“Um, yes.” Constand said. “Was that an attorney you were seeking advice from?” Mesereau asked. “Yes, it was actually.”

“What is the approximate date this email exchange took place?” Mesereau asked. “I believe it was March.” Constand said – “of what year?” Mesereau followed up. “2003.”

“Didn’t you tell the jury Friday that you had never consulted an attorney before you went to one regarding Mr. Cosby?” Mesereau asked. “Did you tell the jury on Friday words to the effect ‘I never consulted an attorney before I sought one involving Mr. Cosby?” Mesereau asked again.

“I don’t recall. I don’t know. I just needed a refresher, now I see this.” Constand said. “So you did? Did you hire this attorney?” Mesereau asked. “I believe I just retained him to review documents.” Constand said. “Documents regarding immigration.” Mesereau stated. “Yes.” Constand replied.

“I’d like to ask a couple questions about the settlement agreement you entered into with Mr. Cosby.” Mesereau said. “Sure.” Constand said.

“Constand agrees that she will not initiate any criminal complaint against Cosby arising from the underlined facts of this case, correct?” Mesereau asked. “Yes.” Constand said.

“Did you abide by that provision?” Mesereau asked. “Yes I did.” Constand said.

“So you didn’t initiate any criminal investigation?” Mesereau asked. “No sir.” Constand said. “When he paid you all of that money, the expectation on his part as far as you knew was that all of this stuff ends, right?” Mesereau asked. “That’s right.” Constand said.

“So, you didn’t talk to anyone about the criminal case after you were paid all of these millions of dollars?” Mesereau asked. “What’re you doing here?”

Mesereau changed his question, “Was it your understanding that if the District Attorneys Office or prosecuting office subpoenaed information you would be free to give it to them?”

“Yes.” Constand said. “Did anyone from this Commonwealth ever subpoena you for this information?” Mesereau asked. “They… I’m not sure. I believe so.” Constand said.

“Did you ever volunteer information after you collected your $3 million?” Mesereau asked.

“It was a little more than that sir.” Constand said.

“Did you ever volunteer any information about Mr. Cosby to any prosecuting office after you received $3,380,000.00 from Mr. Cosby?”

“No, I did not.” Constand said.

“Again, you’re here aren’t you?” Mesereau asked.

“Yes.” Constand said.

“By the time you received this money at the start of this trial did you meet with any prosecuting office to talk about Mr. Cosby?” Mesereau asked.

“Yes.” Constand said. “Who?” Mesereau asked. “The District Attorney.” Constand said. “Were you subpoenaed or did you do it voluntarily?” Mesereau asked. “I agreed to cooperate.” Constand said.

“Did you ever offer to give the back back?” Mesereau said.

“To give the money back? No.” Constand said.

“Well, you violated the agreement haven’t you?” Mesereau asked, with an objection rising from the prosecution. “Didn’t you think that when Mr. Cosby paid you this large sum of money he was hoping that this thing would just go away?” Mesereau asked. “Yes, perhaps. On my part as well. I was glad it was over.” Constand said.

“Approximately when were you paid that money, do you know? Mesereau asked.

“Give me a second,” Constand said, as she reviewed the settlement agreement. “I believe it was after October 16, 2006.”

“And since you received that money, how many meetings do you think you had with law enforcement about Mr. Cosby.” Mesereau asked. “Um, probably about half a dozen.”

“And did you do this voluntarily?” Mesereau asked. “Yes I did.” Constand said. “Nobody forced you to do it, correct?” Mesereau asked. “No.” Constand answered.

“Do you see that provision on Page 21, Paragraph 26?” Mesereau asked. “It says the entry of this confidential settlement agreement by, and the parties, Cosby, Constand, etc. does not constitute an admission by Cosby of any liability, wrongdoing or fault, do you see that?” Mesereau continued.

“Yes I do.” Constand said. “And it says to the contrary, Cosby entered the confidentiality agreement solely in order to settle claims whose merits they strenuously deny, to avoid stress of further litigation and publicity. Again [stating], Cosby denies all wrongdoing and fault, do you see that?”

“Yes I do.” Constand said. “Why did you sign off on a document that had that provision?” Mesereau asked. “Because it, uh, it was a very painstaking process for me and my family and we just wanted it over with.” Constand said.

“So you had no problem which emphasized that Mr. Cosby denied any wrongdoing and simply did it to get it over with, correct?” Mesereau asked. “Given my state of mind and my counsels suggestions, we did that.” Constand said.

“Did the amount of money have anything to do with that?” Mesereau asked.

“No.” Constand said.

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