In an interview with the LawNewz network, The Hollywood Reporter Senior Editor Eriq Gardner spoke about his interview with Bill Cosby’s lead attorney, Angela Agrusa. The criminal case against Cosby regarding allegations made by Andrea Constand is scheduled to begin in June, and as it gets closer, Ms. Agrusa wants to “rehabilitate his reputation” at trial. In fact, the
team wants to do more than that, and hope to “make it safe again to enjoy a great episode of The Cosby Show”. As LawNewz host Heather Hansen and Gardner discussed, they may have their work cut out for them.
One thing working for the defense in this case is only one accuser, other than Constand, will be allowed to testify. Identified only as “Kacey”, she is represented by Gloria Allred, an attorney Gardner also interviewed for his piece. The other 13 accusers the prosecution had wanted to call as witnesses will not be allowed to testify. This will make the case against Cosby far more
manageable for the defense.
The biggest unknown for both sides may be how much of Costand’s sexual history will be admissible. Under Pennsylvania’s rape shield law, sexual relationships with someone other than Cosby would normally not be a proper subject for examination. Here, that could get complicated. Cosby has insisted that what happened that night was consensual. However, what Cosby may not have known until he spoke to police is that Constand is gay. This will make her sexuality something that both sides may want to reference. The prosecutor may want to use the fact she was gay as further evidence that she didn’t consent to Cosby’s advances.
However, if they open that door, the defense may want to introduce any potential evidence of her other sexual partners–evidence that is arguably precluded by the rape shield law. This issue, like so many others in this controversial case, will be something to watch as the trial approaches.