Mesereau has Cosby accuser Andrea Constand read her inconsistent statements to the jury; raises reasonable doubt

Andrea Constand, key witness in the case against actor and comedian Bill Cosby, leaves the courtroom during a recess 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

Did you call Mr. Cosby on his Pennsylvania number to get into the house at Elkins Park?” Tom Mesereau asked Constand, kicking off the second day of cross-examination. “I probably would have,” Constand said.

“Do you know whether or not you called him to let you in the gate?” Mesereau asked again. “I don’t remember.” Constand said.

“I’d like to show you your phone records,” Mesereau said. Constand, in a very soft tone answering, “okay.”

“But before I do that, I’d like to direct your attention to an interview with Montgomery County Detectives Bureau. Do you have that document in front of you?” Mesereau asked. “Yes,” Constand said.

“That is a statement you gave to the Montgomery County Detectives Bureau when you were questioned about your allegations against Mr. Cosby, correct?” Mesereau asked. “Yes,” Constand said.

“Let me refer you to page 14. Do you see that? It begins with ‘what did you do upon reaching the entrance of Cosby’s home,’ do you see that?” Mesereau asked. “Yes,” Constand said, again in a soft tone.

“Please read what your answer was, okay?” Mesereau said. Jurors immediately turning their attention to Constand as she slowly started reading her statement to police.

“Answer: I called him from the street and told him I was here in the area and [asked] could I pull in the driveway. I used my Nextel phone owned by Temple. Mr. Cosby said ‘come on in.’ I pulled in the driveway and went in the front door. Mr. Cosby let me in. He was in sweats. I then sat down at the table near the front door. We had nothing to eat we were just conversing. He told me he wanted me to relax. We were just talking about my future and the changes in my life.” Constand read to jurors.

“Have you ever looked at your phone records for the month of January?” Mesereau asked.

“I may have, not in detail.” Constand said. “Did you find one single call to Mr. Cosby from your phone?” Mesereau asked again. “I don’t recall sir, I asked to review them.” Constand said. “

“Sure.” Mesereau said, handing the phone records over to Constand.

“Do you know what your phone number was?” Mesereau asked. “No.” Constand replied. “Well, these are your bills so wouldn’t they reflect your number?” Mesereau asked. “I just don’t recall it.” Constand said.

“So if you start with what looks like page 388, you see that?” Mesereau asked. “The night you claim you went to his house and were assaulted, you claim he was at the house, correct?” Mesereau continued.

“Yes.” Constand said. “And you gave the statement to Montgomery County Detectives Bureau we just read, right?” Mesereau asked. “I did.” Constand answered.

“You called him from the street and said you wanted to pull in the driveway, correct?” Mesereau asked. “Yes, I believe that was my statement.” Constand said. “Did you call him on his Pennsylvania number to get into the house at Elkins Park?” Mesereau asked. “I probably would have.” Constand said.

“Can you find one single call in the month of January to his Elkins Park number?” Mesereau asked. “That would be quite tedious sir.” Constand said.“ Can you just try? You narrowed it down to two weeks.” Mesereau said. “I believe I said that but there were times the gate would be open,” Constand said. “But you told the police you called him that night, did you not?” Mesereau asked.

“So could you just try to find the call to his Elkins Park number because I don’t think you’ll find it.” Mesereau said, putting the phone records on a screen for jurors to look at.

Constand reviewed the records, but was unable to find the number. “I don’t know his Philadelphia number by.. I don’t know his Elkins Park number.” Constand said.

“Do you see a 215 number?” Mesereau asked. “But I called a lot of 215 numbers. I don’t know what number I should be looking for.” Constand said.

“What is the 2-week period you claim in January you allege you were assaulted?” Mesereau asked. “Sometime in the first two weeks.” Constand said. “Can you find one single call to his Elkins Park number during that period?” Mesereau asked again.

“I don’t know his number by heart. Do you know it?” Constand asked Mesereau.

“Okay. I’ll represent to you that this document is in evidence that there isn’t one single call to his Elkins Park home in the entire month.” Mesereau said.

“Well, I want to say I trust this company but I cant speak to these records I gave my best recollection to how the gate might’ve been open.” Constand said.

“But this time you told police you specifically called him before you went in, right?” Mesereau asked.

“I haven’t reviewed this sir as I said I might’ve been mistaken. Sometimes the gate would be open.” Constand said.

Contrary to her statement to police, Constand testified that she did not sit down in his kitchen at her visit following the alleged assault.

“Before you made your complaint to the police, did you ever tell anyone that you could falsely accuse someone of assault and make a lot of money?” Mesereau asked.  “Did you ever tell something like that to anybody?” He continued.

Assistant District Attorney objected and Judge O’Neill sustained the objection.

Mesereau, changed his line of questioning. “Ms. Constand, have you ever met a woman at Temple named Marguerite Jackson?” He asked.

“I know a Margo, sir.” Constand said, contradicting last year’s testimony when Constand told former defense attorney Angela Agrusa she never heard of anyone who goes by the name of “Margo Jackson.”

“Did you ever room with Margo?” Mesereau asked. “I don’t believe so,” Constand said. “Are you sure?” Mesereau asked. “Yes.” Constand replied. “Did you ever travel with Margo on any road trips with the women’s basketball team at Temple?” Mesereau asked. “I don’t recall.” Constand said. “Did you ever speak to her at any time?” Mesereau asked. “Not that I recall,” she said.

“Is it your testimony that you never had a single roommate on any road trips while you were the Director of Operations of Basketball at Temple?” Mesereau asked.

“That’s correct.” Constand said.

“If I show you a roster of people who were working at Temple at that point in time, might that refresh your recollection?” Mesereau asked.

“Sure.” Constand said, as Mesereau handed over the roster.

“What do you see?” Mesereau said. “I saw a bunch of names I didn’t recognize but a person there – Academic Coordinator Margo Jackson.” Constand replied.

“And you’re saying you never met her while you were at Temple?” Mesereau asked. “You never met her?” He asked again.

“I don’t recall ever having a conversation with her or meeting her.” Constand said.

“Didn’t you organize travel?” Mesereau asked. “I did.” Constand said.

Mesereau then blurted out, loud and fast: “Before you filed the complaint against Mr. Cosby, did you ever fabricate a scheme to falsely accuse him for money?”

“No sir.” Constand said.

“Did you ever discuss such a thing with Margo Jackson?” Mesereau asked.

“No sir.” Constand replied.