Montgomery County, Pa. (YC) – The case against Cosby resumed Friday, marking the fifth day of the trial. The Commonwealth is in the midst of wrapping up their case. Judge Steven O’Neill mentioned if the final witness is not finished by today, there is a possibility court will resume tomorrow.
The prosecution thus far has taken their time when questioning witnesses, as if they are trying to drain the jury so they pay less attention during the defense. For example, Tuesday the prosecution spent almost two hours with Andrea Constand questioning her about her career before bringing up the name “Cosby” in a sentence. Today, the defense picked up where they left off yesterday with Detective Reed of Montgomery County – for what turned out to be another excruciating and immense line of questioning. Defense attorney Brian McMonagle spent just under 18-minutes with Detective Reed, but one would feel as if they are on the set of a hit television show with the impact McMonagle’s voice and enthusiasm has in the courtroom.
POLICE INTERVIEW COSBY IN 2005
Cosby recalled a conversation on the phone with Constand’s mother, which detective Reed stated it lasted approximately 2-hours. Cosby replied that he didn’t recall the duration, but if it was two hours, “it was the fastest two hours I’ve ever spent.”
Following the conversation, Cosby had people from the William Morris Agency call her. “His name was Peter,” Cosby stated. “I don’t know how to say his last name, it starts with a W.” According to Cosby’s deposition testimony, he told detective Reed that he wanted Peter Wiederlight to see if Constand and her mother would meet with Cosby in Miami, to “eliminate anymore conversations until I see them face-to-face,” Cosby stated.
Detectives asked if Cosby informed Andrea or her mother that he gave Andrea Benadryl. According to his testimony, he promised to mail her the bottle of Benadryl rather than telling her the medication over the phone. “I thought the mother was coming at me for being a dirty old man,” Cosby said. “I put these things in the mail – these people are in Canada, what are they going to do if they receive it, if I tell them about it? I’m praying nobody is recording me.”
Benadryl is an over the counter medication available at almost any supermarket, pharmacy or convenience store that sells aspirin and cold medicine.
Cosby said he didn’t want to tell them what he gave Andrea over the phone nor mail her anything because he said Mrs. Constand attacked him over the phone. According to Cosby, Mrs. Constand told him that her daughter was not able to sleep at her cousin’s house after the alleged assault. “Tell your mother about the orgasm, tell your mother about how we talked. That’s why I’m being framed – because when I say something, Andrea’s mother jumps in. I’m not going to argue with someone’s mother who is accusing me. I’m apologizing because this is a dirty old man with a young girl.” Cosby was under the impression that Mrs. Constand was angry that her daughter was seeing an older man, not aware of the allegations that would soon arise.
According to the deposition transcript, Cosby didn’t want to tell Mrs. Constand what the medication was over the phone because he was worried she was recording the conversation. Cosby was right – as Constand’s brother-in-law and police officer, Stewart Parsons, instructed Constand and her mother to record any future conversations.
The last phone call between Mrs. Constand and Cosby was on January 16, 2005 – in the midst of vicious hunt for a sexual assault civil attorney by Andrea Constand and her mother.
According to Cosby, he did not believe Andrea or her mother wanted money at the time of the phone calls. Why did you offer them money? Cosby mentioned, “Can I answer that with a question? When did I ever offer them money?”
According to Cosby, he believed Andera’s mother wanted money after Mrs. Constand told Cosby that she wanted Andrea to “live a happy life.”
Cosby offered to pay for Andrea’s graduate school as he was worried that they would extort him given his reputation. However, Cosby added that he did not offer her any other money.
When police asked if Cosby offered anything to other women he had sexual contact with, such as an education fund, he stated he had not.
STATUTE OF LIMITATIONS: DEFENSE RAISES QUESTION
“When a crime is committed, there is only a certain amount of time before charges can be brought against someone,” Detective Reed mentioned. “In this case, it’s twelve years.”
When Detective Reed was asked about what tools the police might’ve used to narrow down the incident to a specific date, Reed mentioned that Constand provided detectives with a “time period.” However, Constand provided police with two – completely contradicting one another. Both Andrea and Cosby have no idea of a specific timeframe of when the incident occurred. This plays a major role given that if the actual date is a few weeks off, the statute of limitations would be in effect.
Right before January of 2016. Detective Reed said there was nothing in the previous investigation where the police were able to narrow the incident down to a certain day, other than the time period Constand gave them. However, she gave two time periods in which the incident could have occurred, which McMonagle reminded Detective Reed of and he agreed. Cosby gave a very unspecific date.
TEN YEARS LATER: NEW DISTRICT ATTORNEY REOPENS CASE
The case was reopened after District Attorney Kevin R. Steele was elected, following through with a campaign promise he made ensuring charges are brought against Cosby. According to Detective Reed, pills were turned in to Montgomery County detectives by Mr. Cosby’s chauffeur on January 26, 2005, in the early days of the initial investigation which the previous district attorney, Bruce Castor, closed in 2005.
Detective Reed got involved in the investigation in 2015, and in part of his review of the prior investigation he found that the pills that were turned into police that were not sent out for testing. On July 31, 2015, Reed sent three pills – one white tablet, one green tablet and one and a half pink tablets out to laboratories for testing. The first two pills had come back negative for controlled substances, with the third pill testing positive as a controlled substance, but not the blue pills that have been the main focus of the case as Cosby, Andrea, and Kelly Johnson described during prior testimonies earlier this week.
CROSS EXAMINATION: BY BRIAN MCMONAGLE
Defense attorney Brian McMonagle had an extremely brief but powerful cross-examination. “As I understand as you began your testimony, you told us that the investigation in 2005 was obviously completed in 2005 and prosecutor said there would be no charges?” Detective Reed answered in the affirmative. “2006 nothing done,” McMonagle stating every year since the initial investigation. “2007, nothing done. 2008, nothing done. 2009, nothing done. 2010, nothing done. 2011, nothing done. 2012, nothing done. 2013, nothing done. 2014, nothing done, correct?” Detective Reed again, answering in the affirmative after each year McMonagle stated.
McMonagle asked if Cosby was under any obligation to talk to police, and if he did so willingly. Detective Reed stated that he had no obligation to speak to them but did so willingly. Additionally, no officers asked Cosby for the pills from the night Constand alleged the sexual assault occurred.
Police did not inform Cosby that the phone calls were in fact recorded by Mrs. Constand, he told police that he spoke with Mrs. Constand not once, but twice. He also described his recollections of the calls which proved to be extremely accurate, maintaining the the contact was consensual.
McMonagle asked “During the investigation you were able to see that they were in contact for years, correct?” Reed began laughing, mentioning he was not involved in the initial investigation. “With that smile on your face, I’ll end my questions now,” McMonagle told Detective Reed.
This story will be updated after 3:00 p.m. when more details come from the courtroom.