On the same day that a Montgomery County judge was considering whether to admit a recorded phone call in Bill Cosby’s trial for the alleged sexual assault of a lesbian, prosecutors filed a motion to allow 13 other women who’ve accused the comedian of sexual assault to testify at his trial.
Judge Steven T. O’Neill said he would hold a hearing at a later date about the potential testimony from the women.
At the first of Cosby’s many pre-trial conferences Sept. 6 in Norristown, O’Neill heard arguments about whether jurors should hear the recorded phone call. He did not issue a ruling, but said he would decide by the end of the week.
Andrea Constand, a lesbian former employee of Temple University, alleged that Cosby drugged and sexually assaulted her at his Cheltenham Township home in 2004. A year later, her mother called the entertainer from Canada to discuss the incident. Constand grew up in the Toronto area.
Brian J. McMonagle, Cosby’s lawyer, said the recording should not be included because Pennsylvania law prohibits recording a conversation without the consent of both parties. Although the call was recorded in Canada, McMonagle argued U.S. law should take precedence.
District Attorney Kevin R. Steele said Cosby did not have an expectation of privacy. In the recording of the call, Cosby asks why he hears a beeping noise. Constand’s mother attributed the noise to a parrot. Cosby expressed doubt, but continued speaking.
O’Neill did not set a date for the start of Cosby’s trial. He said he would like it to begin no later than June. McMonagle said he had other trials scheduled through the spring.