Judge Denies Fifth Motion For Mistrial In Cosby Case

Jim Melwert
April 19, 2018 - 10:12 am
June 7, 2017; Norristown, PA, USA; Bill Cosby walks through the Montgomery County Courthouse on the third day of the Bill Cosby sexual assault trial. Mandatory Credit: Mark Makela/Getty Images-Pool Photo via USA TODAY NETWORK

Mark Makela/Getty Images-Pool Photo via USA TODAY NETWORK

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NORRISTOWN, Pa. (KYW Newsradio) -- The judge in Bill Cosby’s sex assault retrial in Montgomery County told the jury he expects testimony to wrap up “early next week."

Jurors spent all day Thursday listening to toxicology and pharmaceutical experts, Cosby’s lawyers filed a motion asking to use prior testimony from a close friend of Cosby’s accuser because they say, they’ve been unable to serve her with a subpoena.

Cosby’s lawyers say despite numerous attempts, they’ve been unable to locate and serve accuser Andrea Constand’s friend Sheri Williams.

They say they want to introduce the testimony Williams gave a deposition during Constand’s civil trial against Cosby in 2005 and 2006.

The defense didn’t say exactly why they want from the deposition, but according to prior testimony, Constand called Williams after several nights where she Cosby were alone.

Cosby says the night that resulted in charges was consensual and one of a series of intimate moments the two had.

Constand claims she’s made it clear she wasn’t interested in him.

The judge also denied a motion for a mistrial Thursday in Cosby's sex assault trial -- the fifth time during this trial -- since Cosby's lawyers argued the prosecution's line that questioned Marguerite Jackson was improper.

Jackson testified that while rooming with accuser Andrea Constand on a women's basketball road trip in February 2004, Constand told her she could make up a story about getting drugged and sexually assaulted for money.

In his 2005 and 2006 deposition, Cosby said he gave Constand over-the-counter Benadryl on the night in question. Constand said after she took the pills, she was unable to move or to speak. That’s when she said Cosby sexually assaulted her.

RELATED: Andrea Constand Takes Witness Stand In Bill Cosby's Sex Assault Retrial

Both the defense and prosecution provided dueling forensic drug experts.

On cross examination, prosecutor Stew Ryan asked about a meeting Jackson had with Cosby’s lawyers where they crafted her signed affidavit.  

The defense accused Ryan of using the word “created” to insinuate Cosby’s lawyers encouraged Jackson to make up the story.

RELATED: Prosecution Rests, Cosby's Key Witness Takes Stand In Sex Assault Retrial

The judge also asked the defense why they don't have witnesses lined up.

Cosby's lawyer Tom Mesereau said prosecutors gave them a list that had several witnesses they never called. He told the judge.

"We thought in good faith this case was going to take a lot longer," he said.