Cosby Defense May Call Witness That Doubts Accuser, Judge Rules

NORRISTOWN, PA — Bill Cosby's lawyers won a significant victory early Tuesday as a judge ruled that they can call a witness who says that Andrea Constand spoke of "framing celebrities" in a conversation years ago.

The ruling by Montgomery County Judge Steven T. O'Neill is a reversal of the ruling he made during Cosby's first trial last June, when he said that the testimony of the witness, Margeurite Jackson, would not be allowed because it is hearsay.

In another ruling made late on Tuesday, O'Neill also ordered that the sum of money which Cosby paid Constand in their 2006 agreement could be made public.

O'Neill added that his decision about Jackson being allowed to testify could be amended following Constand's own testimony.

The defense has previously used Jackson's testimony to allege that the prosecution withheld and then destroyed evidence that would have exonerated Cosby.

Jury selection also began this week at the trial, with one juror being chosen by the end of business on Monday. Jurors for the retrial will come from Montgomery County, unlike the first trial, which featured jurors from Allegheny County due to the defense's concerns about local bias against Cosby.

The victories for the defense Tuesday come on the heels of a major victory for the prosecution two weeks ago, when O'Neill ruled that five of Cosby's former accusers can testify at the upcoming 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 be allowed to testify.

>>See also: Cosby Team Seeks To Ban Flowers, T-Shirts At Trial

Thomas Mesereau, Michael Jackson's former lawyer, is heading Cosby's defense.

Dozens of women in addition to Constand have leveled similar accusations of drugging and molestation at the comedian, but Constand's charges are the first to be brought to criminal trial.

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