Andrea Constand’s mother has told the court how Bill Cosby himself revealed lurid details of what he did to her daughter in an extraordinary and combative phone call.
Taking the stand directly after her daughter’s testimony concluded at Cosby’s sexual assault retrial in Norristown, Pennsylvania, Gianna Constand related in a faltering voice how the disgraced actor told her, ‘Don’t worry mom, there was no penile penetration’.
Mrs Constand took the stand on the sixth day of Cosby’s retrial, in which he’s accused of sexually assaulting Andrea Constand, 45, at his Pennsylvania home in 2004.
Cosby, who played the kindly patriarch on ‘The Cosby Show’ has denied the accusations of assault and has said any sexual contact was consensual.
But Mrs Constand explained to the jury how, in January 2005, after her daughter told her she had been sexually assaulted by the actor – who she regarded as a friend and mentor – she demanded to be given the comedian’s telephone number.
Records show she spoke to Cosby for more than two hours as she demanded answers and he is said to have made his confession.
Andrea Constand, key witness in the case against actor and comedian Bill Cosby, returns to the courtroom after a recess on the sixth day of Cosby’s sexual assault retrial at the Montgomery County Courthouse in Norristown, Pennsylvania, on Monday
Constand’s mother also took the stand on Monday, saying she had an hours-long phone conversation demanding answers from Cosby
Gianna Constand, pictured in a 2017 photo, is the mother of Andrea Constand and testified on behalf of her daughter on Monday
osby, left, and his spokesman Andrew Wyatt, return to the courtroom after a recess in the comedian’s sexual assault retrial
Taking the stand directly after her daughter’s testimony concluded at Cosby’s sexual assault retrial, Gianna Constand related in a faltering voice how the disgraced actor told her, ‘Don’t worry mom, there was no penile penetration’
Mrs Constand said that she ‘kind of yelled’: ‘What did you give my daughter and what did you do to her?’
Speaking in a faltering voice, she added: ‘He proceeded to tell me what he had done to her sexually.To touching her breasts, feeling her breast and digitally… in her vagina and then he took her hand and put it on his penis and I guess whatever he did.
‘He did say to me, “Don’t worry mom there was no penile penetration”.’
Glancing down Mrs Constand apologized for struggling to recall the conversation.
‘I have a very hard time to re-say that,’ she said. ‘Because I’d asked her (the details) and she said, “Mom I don’t want to talk about it right now”.’
In her testimony during Cosby’s trial last June, Mrs Constand also recalled how he had called her Mom as he told her that Andrea had ‘had an orgasm’.
Mrs Constand asked Cosby what he had given her daughter, who said that the comedian had given her small blue pills before the alleged assault. Cosby told her that he would have to go check the prescription label on the bottle.
She waited while he supposedly went to look but when he returned he told her he couldn’t read it and promised to check the details and mail them to her, Mrs Constand told the court.
Earlier Constand’s mother has told how she was frequently woken by her daughter’s screams in the night when she returned to the family home after her alleged assault by Bill Cosby.
Taking the stand directly after her daughter’s testimony concluded, Mrs Constand recalled how she and Andrea’s father, Andrew, grew increasingly concerned by the changes they saw in their daughter’s demeanor after she left Temple and returned to Canada.
She said, ‘We started getting very concerned as did her sister, she seemed to be a little bit dislocated from the family, withdrawn. She would never want to leave the house
‘We noticed she was very depressed she wasn’t interacting with any of her friends and during the night often we would hear her screaming in her sleep.’
Andrea Constand, key witness in the case against actor and comedian Bill Cosby, arrives to resume her testimony on the sixth day of the comedian’s sexual assault retrial at the Montgomery County Courthouse in Norristown, Pennsylvania, on Monday
Bill Cosby arrives for his sexual assault trial on Monday at Montgomery County Courthouse in Norristown, Pennsylvania
The trial is in its sixth day, and last week the jurors saw six women accusing Cosby of sexual assault testify
Earlier on Monday, Andrea Constand’s own telephone records from the night she claims Bill Cosby drugged and raped her were brought into question by the comedian’s defense team.
His rapid-fire questions had left her flummoxed and confused Friday, and he kicked off Monday’s cross-examination by asking Constand about telephone records from the night Cosby is accused of sexually assaulting her in 2004.
Dressed in a dusty rose jacket, her hair trimmed and softened in style since the end of last week, Constand had seemed more relaxed when she took the stand than she had on Friday, but the calm didn’t last long.
Constand told officers with Montgomery County Detective Bureau that she had called Cosby on that January evening to let him know she was approaching his gate – but Mesereau claims the call never happened.
Asked to read from her own interview given in 2005 she relayed her previous account, ‘I called him from the street and told him I was here in the area and could I pull in the driveway.
‘Mr Cosby said come on in. I pulled in the driveway and went in the front door. Mr Cosby let me in. He was in sweats.
‘I then sat down at the table, I’d had nothing to eat we were just conversing. He told me he wanted to me relax. We were talking about the changes that happened in my life.’
Cosby’s defense lawyer Tom Mesereau brandished Constand’s phone records with confidence and asked her to find one single call made from her to Cosby’s Elkin Parks home during the time frame.
‘That would be quite tedious sir,’ she replied.
Told to take her time she struggled, prevaricated and claimed not to know the number by heart.
Mesereau said: ‘Well let me help you.’
Constand started her testimony against Cosby on Friday, and the cross examination continued into Monday morning
In her testimony on Friday, Constand denied ever having intimate contact with Cosby prior to the night in January 2004 that she said he drugged and molested her, but Mesereau showed her a 2005 deposition in which she testified that she told her mother she’d occasionally been affectionate toward him
He rattled off Cosby’s numbers, saying: ‘There isn’t one single call from you to his Elkins Park number the whole month.’
Earlier Constand was forced to admit to running a ‘get-rich-quick scheme’ that she had previously denied all knowledge of.
Meseraeau returned to the question of Constand’s involvement in a ponzi scheme on Monday morning.
Constand had repeatedly insisted that she had no real involvement and no real comprehension of the scheme or emails she had sent, she said, to help out her friend Sherry Williams.
Yet Mesereau revealed email evidence proving that not only was Constand involved, she had been promoted within the scheme.
Constand admitted: ‘I was promoted to a bronze level yes I believe.’
Mesereau asked: ‘So you were promoted but you have no idea why?’
Constand responded: ‘I was an athlete my whole life. I don’t know anything about these things…’
But Mesereau continued to question why the woman he is trying to paint as a money-grubbing ‘con-artist’ send emails soliciting $65 contributions to the scheme and claiming that it had paid out $35,000 in just two weeks.
In a sustained line of questioning Mesereau also cast doubt on the true nature of a trip Constand took to Foxwoods Casino in Connecticut with Cosby in November 2003.
He hammered at her claims that it was an innocent trip to have dinner and see an Indian reservation, pointing to the fact that by her own admission she arrived late and had to leave at 8am the following morning to return to work.
‘So when were you going to see the Indian reservation?’ Mesereau asked, and Constand appeared lost.
The former Director of Operations for Women’s Basketball at Temple University has testified how, after dinner in his room with casino manager Tom Cantone, she returned to Cosby’s room at around 11pm to collect ‘baked goods’ that Cosby had told her he wanted to give her.
Andrea Constand’s cross examination continued on Monday, after she first took the stand against Cosby (pictured) on Friday
Andrea Constand, 45, claims that Cosby rugged and raped her at his home in 2004. Cosby is pictured walking into court on Monday
Like every other day of the trial so far, Cosby walked into the court with his spokesman, Andrew Wyatt
This is the second time that Constand has confronted Cosby in the suburban Philadelphia courtroom. The jury in the first trial was unable to reach a verdict in June
Mesereau said: ‘And did you think it was appropriate that you visited a married man’s room in Connecticut at that time of night?’
He repeatedly returned to the fact that Cosby was married – a matter that Constand had dismissed on Friday as something she regarded as ‘not my business’.
‘Did you bring gifts to Connecticut?’ he asked. ‘Did you believe he was married at the time? And did you think it was appropriate that you drive up and go to his bedroom…?’
Constand appeared ill at ease, shifting in her seat at the insinuation that she knew about Cosby’s wife of more than five decades, Camille.
She has been absent from the courtroom so far, as she was during the first trial which ended in a mistrial after the jury was found to be deadlocked.
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At the time of the first trial, Cosby’s spokesman Andrew Wyatt explained that it was too ‘uncomfortable’ for her to hear details of the sexual acts that allegedly took place between Constand and her husband.
On Monday, Mesereau tried to undermine Constand’s claims of naivety by reminding the jury that on Friday she had been forced to concede that she lay on the bed alongside Cosby on the trip to Foxwoods Casino.
She had previously claimed to have simply sat on the bed’s edge.
The jury listened intently as Mesereau painted the picture of a clandestine relationship built on secrecy and deceit and pointed to the fact that when Constand drove up to visit Cosby at home she parked at the back and ‘sneaked in’ the back door to his Elkins Park, Pennsylvania, home.
Returning to the civil lawsuit brought by Constand against Cosby and settled in 2006 with a $3.4million payout, Mesereau pointed to the terms of the agreement she had signed.
Cosby walks through Montgomery County Courthouse with his spokesman, Andrew Wyatt, on Monday morning
Cosby grasped spokesman Andrew Wyatt’s arm for stability as they walked through the courthouse on Monday morning
Under those terms she agreed to never speak of the allegations, information that may have emerged during the criminal investigation or to bring any criminal complaint.
Constand said’ ‘I can’t speak for him but I was glad it was over.’
‘So what are you doing here?’ Mesereau challenged.
Next Mesereau pulled Constand’s telephone records. First he pointed to the absence of calls Constand had claimed to make to Cosby during the month of January. She had claimed to call him so that he would open the gate.
‘Sometimes his gate was just open,’ she blustered.
‘Isn’t his front gate almost always locked?’ he retorted.
In contrast he noted frequent calls between Constand and Cosby after the night of the alleged assault. He drew particular attention to the fact that she had called Cosby twice on Valentines Day.
The day’s proceedings were delayed by an apologetic Judge Steven T O’Neill who explained to jurors that had had torn his retina and been forced to undergo emergency laser surgery.
He said, ‘If you don’t take care of it you lose your sight – and as much as I’m committed to this case I don’t want to do that.’
Mesereau continued to question Constand on whether or not she knew Marguerite Margo Jackson – the witness he hopes to call who has already sworn that Constand told her she could falsely accuse a celebrity of sexual assault to bring a lucrative lawsuit.
As she has done on numerous occasions Constand claimed to recognize Jackson’s name but to have little recollection beyond that.
She also denied having ever shared a room with anyone during away game trips when working as Director of Operations of Women’s Basketball at Temple University.
Attorney Gloria Allred walks outside the Montgomery County Courthouse during a break in Bill Cosby’s sexual assault retrial on Monday
Andrea Constand, center, walks into a courtroom for Bill Cosby’s sexual assault trial at the Montgomery County Courthouse in Norristown, Pennsylvania, on Friday
Jackson’s narrative turns on an occasion when, she claims, during an away game in Rhodes Island a conversation was sparked by a news story regarding a celebrity who had been accused of sexual assault.
According to Jackson, Constand told her a famous man only to say that it had, in fact, never happened but she could say that it did and bring a lawsuit had assaulted her.
When Jackson heard news that Constand had made her allegations against Cosby she has said in a sworn affidavit her reaction was, ‘She’s done it.’
‘Before you made this claim against the defendant did you ever fabricate a scheme to falsely accuse him for money?’ Mesereau asked and was met with a swift objection from Special Prosecutor Feden – sustained by O’Neill.
Moments later Mesereau ended his cross-examination, ‘No further questions,’ he announced to the clear surprise of the court.
‘What?’ O’Neill exclaimed, ‘On this or anything?’
Special prosecutor Kristen Feden did her best undo any seeds of doubt or disbelief that Mesereau may have sown.
In her 2005 deposition Constand admitted to having had ‘prior sexual contact’ with Cosby. But when asked by Feden what she understood by the word, ‘sexual’, Constand insisted she understood that to merely mean, ‘suggestive’.
She has already testified to Cosby once touching her thigh and on another occasion making a clear pass at her by attempting to unbutton and unzip her pants as she sat sipping brandy on the sofa on the second time she went to his house for dinner.
Constand stated that she felt certain that Cosby had ‘got the picture’ when she rebuffed his advances by leaning forward to prevent his hands from moving further.
And where Mesereau had highlighted each inconsistency and confusion between Constand’s accounts of the alleged assault to the Durham Regional Police in Canada, Cheltenham Township Police and Montgomery County Detectives Bureau, Feden returned the jury’s focus to what had not changed.
: Bill Cosby accuser model Janice Dickinson, 63, walks through the Montgomery County Courthouse in a break from testifying on the fourth day of the sexual assault retrial in Norristown, Pennsylvania
Dickinson waited in the courthouse halls to be called to give testimony in Cosby’s trial on Thursday
In each account the catalyst to it all was, according to Constand, the moment that Cosby offered her pills and told her that they would ‘take the edge off,’ and help her relax.
And in each account the symptoms she described feeling after taking the pills remained, Feden noted, the same.
Though the vocabulary might differ – dizzy or woozy, spacey or blurry her legs like jelly or rubbery – the meaning remained the same.
Cosby listened intently, his eyebrows raised, his eyes wide, as he clearly processed Constand’s words when she was asked to read back parts of her 2005 accounts.
She read: ‘I tried to get my hands to move or legs to move but I was frozen. The messages didn’t get there and I was unable to fight him off in any way.’
Constand was taken back once more through her recollections of Cosby placing her hand on his penis and of her sense that, when she woke up there was ‘something foreign’ inside her.
As Feden read back her statement aloud, the actor who arrived at court looking rested and more robust than last week, paid much closer attention than he has appeared to afford any witness in this trial so far.
As Feden drew out the central allegations of Constand’s account once more, Mesereau repeatedly objected on the grounds that her questions regarding what Cosby ‘did to’ her after he drugged her were leading.
Finally, perhaps frustrated, O’Neill over-ruled Mesereau with the words, ‘It’s not that leading’.
A broad smile broke across Cosby’s face and he appeared almost entertained Constand related how he touched her breast, put his fingers in her vagina and placed her hand on his penis when she was so incapacitated she could not fight him off.
He seemed to smile – during the last trial he seemed to leer as the sordid details of the alleged assault were recounted to the court.
Meanwhile, in breaks from her testimony when Feden and Mesereau consulted with O’Neill, Constand closed her eyes and sat, motionless – shutting out the room and, perhaps, trying to center herself in the midst of the inherently stressful experience.
Cosby accuser Lise-Lotte Lublin walks through the Montgomery County Courthouse during a break from testifying on the fourth day of the sexual assault retrial
Cosby accuser Janice Baker-Kinney walks towards the courtroom to testify in the Montgomery County Courthouse for the fourth day of the sexual assault retrial on Thursday
In his second chance to cross-examine her Mesereau returned to Constand’s involvement with a pyramid scheme during her time at Temple.
Again she repeated her belief that is was a pyramid ‘with nobody at the top’.
Calmly and in his smooth tones that never falter or rise he said, ‘Please tell the jury what a pyramid with nobody on top means?’
‘I don’t know,’ Constand said, ‘Like a network? A topless network?’
Mesereau returned to previous statements made by Constand, particularly the deposition she gave in 2005 as part of her civil suit.
He dwelt, as he does to great effect, on the minutiae of her words and the contradictions. He pointed to the fact that Constand had characterized some of her exchanges with Cosby as ‘flirtatious,’ and reminded the jury that she had also admitted to having had ‘suggestive contact’ with Cosby prior to the night of the alleged assault.
After a total of approximately a day and a half on the stand Constand was dismissed.
This is the second time that Constand has confronted Cosby in the suburban Philadelphia courtroom. The jury in the first trial was unable to reach a verdict in June.
Constand said she only accepted the monetary settlement after a Montgomery County prosecutor declined to charge Cosby when she complained in 2005.
She said she was initially afraid to come forward and that was devastated by the initial decision to not prosecute.
In more than two hours of cross examination on Friday Mesereau had Constand flustered with questions about whether she’d ever said she was affectionate toward Cosby, and a line of attack centered on her involvement in a Ponzi scheme.
In her testimony on Friday, Constand denied ever having intimate contact with Cosby prior to the night in January 2004 that she said he drugged and molested her, but Mesereau showed her a 2005 deposition in which she testified that she told her mother she’d occasionally been affectionate toward him.
In the midst of testifying in Bill Cosby’s sexual assault retrial, Chelan Lasha (pictured April 11) turned to address the comedian directly with an emotionally charged comment
Heidi Thomas arrives to testify against actor and comedian Bill Cosby during the retrial of Cosby’s sexual assault case on Wednesday
Constand, who’s from the Toronto area, told Mesereau she was just being nice when she hugged Cosby or kissed him on the cheek, because she was grateful for his friendship and mentorship.
But Mesereau, who’s best known for winning Michael Jackson an acquittal in his 2005 child molestation case, was incredulous as Constand denied being aware that Cosby was sexually attracted to her – even after he touched her thigh on one occasion and tried unbuttoning her pants on another.
Constand was more confident and composed as she told jurors about the night in question.
She testified that Cosby offered her pills and a sip of wine after she said she was ‘stressed’ about telling the coach of her plans to leave to study massage therapy in her native Canada.
She said she awoke to find the actor known as ‘America’s Dad’ penetrating her with his fingers, touching her breast and putting her hand on his penis.
Mesereau was trying to portray Constand to jurors as the aggressor, suggesting she pursued Cosby for a romantic relationship and preyed on the loneliness he felt after the 1997 killing of his son, Ennis, even though such activity may have been barred by her employment.
Constand said she didn’t remember taking a required sexual assault and harassment training seminar when she started working at Temple, or another one on avoiding conflicts of interest, such as fraternizing with board trustees.
Mesereau showed documents Constand signed confirming she participation in the classes.
Asked if she was taught to promptly report sexual assault allegations, Constand replied: ‘I can’t speak to what was in the curriculum.’
Constand’s testimony came after the jury heard five other accusers’ stories of being drugged and sexually assaulted by Cosby.
But this time round the jury knows what the previous panel did not: that Constand, 45, took a $3.4 million settlement in 2006 in the civil suit she brought against Cosby.
Defense Attorney Tom Mesereau arrives for Bill Cosby’s sexual assault retrial in Norristown, Pennsylvania, on Monday
Defense Attorney Kathleen Bliss arrives for the sixth day of Bill Cosby’s sexual assault trial on Monday
In his opening statement Cosby’s lawyer Tom Mesereau painted Constand as a money-grubbing ‘con artist’, a failure who would stiff roommates on credit card, telephone and utility bills, ran a Ponzi scheme at Temple University and finally ‘hit the jackpot’ by setting up Cosby.
He described her as ‘sophisticated’ in what she did and told the jury they would hear from Marguerite Margo Jackson a friend and colleague with whom Constand roomed on six basketball away games.
According to Mesereau, Constand had a cynical plan to dupe a lonely old man who had never recovered from the death of his son Ennis, shot dead in a Los Angeles carjacking in 1997.
‘And she pulled it off,’ he said.
But jurors have also heard the stories of five other accusers – where last time they heard only one – as the prosecution is at pains to prove that Cosby is a ‘serial rapist’, with a pattern of offending that stretches over decades.
More than 60 women have come forward to accuse him of similar assaults.
Yesterday Janice Dickinson, 63, told how in 1982 Cosby raped her on a trip to Lake Tahoe.
After taking a small blue pill, which he told her would help menstruation cramps; she said that she ‘zonked’ out as Cosby entered her. She spoke of her loathing of the man she referred to as ‘America’s dad’, and she claimed raped her.
Her testimony followed that of Janice Baker-Kinney, 60, who admitted to willingly taking two pills at a ‘pizza party’ in 1982 at the home in which Cosby was staying when headlining at Harrah’s casino in Reno.
Baker-Kinney was a 24-year-old bartender in the casino at the time and assumed were Quaaludes only to pass out and awake naked in bed next to Cosby with a ‘sticky wetness’ between her legs.
Maud Lise Lotte Lublin, 52, related her experience in 1989 as a 23-year-old model given two shots by Cosby that rendered her woozy and dizzy.
Judge Steven T O’Neill arrives for the sixth day of the sexual assault retrial for actor and comedian Bill Cosby at the Montgomery County Courthouse on Monday
Prosecutor Kevin Steele arrives for the sixth day of the sexual assault retrial for actor and comedian Bill Cosby at the Montgomery County Courthouse
Her last memory before passing out was of bedroom doors in his suite in the Las Vegas Hilton. She remembered him stroking her hair as she sat between his legs on the sofa but admitted she had no memory of being sexually assaulted.
Heidi Thomas, 60, spoke of what the defense referred to as a ‘four-day odyssey’ at a ranch house in Reno in 1984 when she was just 24 and of which she has only horrific ‘snapshots’ of memory – including waking to find Cosby on top of her forcing himself into her mouth.
She lost consciousness after taking just one sip of a glass of white wine he offered her as a ‘prop’ to help her relax into a cold reading of a script he gave her.
And Chelan Lash, 49, barely made it through her emotional testimony as she told of how, when she was a 17-year-old aspiring model, Cosby invited her to his suite in the Las Vegas Hilton, gave her a small blue pill to help with her cold and assaulted her when it rendered her unable to stand or move.
She recalled him pinching her breasts, grunting and humping her leg and then feeling something warm on her leg before she blacked out.
All of the women claim to have been told that Cosby was interested in mentoring them and helping further their careers in modeling and acting respectively.
But the defense has sought to paint all these women as publicity hungry opportunists who have jumped on the bandwagon – egged on by women’s rights lawyer Gloria Allred and her daughter Lisa Bloom – in hopes of ‘extorting’ Cosby to the tune of $100 million.
That is the size of the fund Allred has called for Cosby to establish to compensate his victims.
Set against the backdrop of the #MeToo movement that has blown up since the last trial the defense had sought to argue that there was no way Cosby’s prosecution could be fair and impartial – a suggestion prosecutor Steele dismissed as ‘ridiculous.’
A heightened awareness of sexual assault could not, he pointed out, be reasonable used to give some sort of ‘free pass’ for Cosby’s alleged crimes.