Hard-fought legal battles expected in Cosby case

Bill Cosby and Andrea Constand.

Bill Cosby and Andrea Constand.


Bill Cosby’s lawyers went on the attack Thursday after the comedian’s arrest, calling the sexual assault charges a flawed, politically motivated case that will not hold up in court.

They are expected to try to gut the prosecution’s case or get it thrown out altogether by a variety of means, including preventing some of Cosby’s numerous other accusers from taking the stand; blocking the use of testimony he gave in a decade-old lawsuit; and making an issue out of the 12 years it took to file charges.

“I have my doubts they get this to a jury anytime soon,” said Los Angeles defense attorney Mark Geragos, noting the thorny legal issues and Cosby’s advanced age (78) and infirmities, namely his badly deteriorating eyesight. Geragos, who is not involved in the case, added: “Generally, time is a friend of the defense.”

While Cosby is charged with drugging and sexually assaulting just one woman, Andrea Constand, legal experts predict a key pretrial battle over whether some of the dozens of other women who have accused the comedian of violating them can testify, too, to prove he had a “modus operandi.”

“Prior bad acts” are sometimes allowed as evidence in criminal cases, but judges often take a dim view of such testimony because it can be so damaging. They typically require prosecutors to prove it is directly relevant.

“We don’t want a jury to say, ‘If he did it once before, he must have done it now,’” said Philadelphia attorney Jeffrey Lindy, who is unconnected to the Cosby case. Cosby’s arrest came after a blizzard of sensational allegations that destroyed his nice-guy image.


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