5 Bill Cosby Accusers Can Testify At Trial, Judge Rules

NORRISTOWN, PA — A Montgomery County judge ruled Thursday that five of Bill Cosby's prior accusers may testify at his upcoming sexual assault trial. The ruling marks a significant victory for the prosecution, which was only allowed the testimony of one of Cosby's prior accusers, Kelly Johnson, in the 2017 trial that ended in a deadlocked jury.

The prosecution had asked the judge for 19 of Cobsy's accusers to testify in the upcoming April retrial. That never seemed likely given that only one was allowed last year, but Judge Steve T. O'Neill's allowance of five nonetheless puts the District Attorney Kevin Steele and his team in a better position than they were a year ago.

Cosby's defense team, featuring former Michael Jackson lawyer Thomas Meserau, along with noted attorneys Kathleen Bliss and Sam Silver, had of course sought to block any of the accusers from testifying. In a Feb. 5 opposition to the prosecution's motion to allow the testimony, they argued that many of the accusations of the accusers were unfounded, since their charges had never been brought to trial. They also argued that the accusations against Cosby were too "remote" and "vague" to be admissible.

In his order, O'Neill said he had reviewed arguments from both sides and decided on allowing five upon a "balancing of the probative value of the other acts evidence versus the risk of unfair prejudice to the defendant." In allowing five, he acknowledged the merits of points made by both the defense and prosecution.

Andrea Constand, a former Temple University employee who alleges Cosby drugged and assaulted her in his Cheltenham home in 2004, is the first woman to bring these criminal charges against Cosby all the way to trial. The statute of limitations has long passed for dozens of Cosby's other accusers, all of whom have leveled similar accusations.

The prosecution may pick any five of the accusers, according to O'Neill's order. O'Neill's order cited a 2014 case, Commonwealth vs. Hicks, which stated that the court had the authority to say how many accusers may testify as to "prior bad acts," but not which accusers.

Jury selection for the retrial is set to begin in Montgomery County on March 29.

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