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Late in life, sex assault trial caps Cosby's life and legacy

Associated Press logo Associated Press 6/4/2017 By MARYCLAIRE DALE, Associated Press
FILE - In this April 3, 2017 file photo, entertainer Bill Cosby leaves after a pretrial hearing in his sexual assault case at the Montgomery County Courthouse in Norristown, Pa. Bill Cosby doesn't plan to testify when he goes on trial Monday June 5, 2017 on sexual assault charges, but the rambling, disturbing testimony he gave a decade ago in the accuser's civil suit could prove just as crucial. (AP Photo/Matt Rourke) © The Associated Press FILE - In this April 3, 2017 file photo, entertainer Bill Cosby leaves after a pretrial hearing in his sexual assault case at the Montgomery County Courthouse in Norristown, Pa. Bill Cosby doesn't plan to testify when he goes on trial Monday June 5, 2017 on sexual assault charges, but the rambling, disturbing testimony he gave a decade ago in the accuser's civil suit could prove just as crucial. (AP Photo/Matt Rourke)

PHILADELPHIA (AP) — Bill Cosby doesn't plan to testify when he goes on trial Monday on sexual assault charges, but the rambling, remarkable testimony he gave a decade ago in the accuser's lawsuit could still prove pivotal.

FILE - In this Tuesday, May 23, 2017 file photo, Bill Cosby, center, arrives for the second day of jury selection in his sexual assault case at the Allegheny County Courthouse in Pittsburgh, Pa. The case is set for trial on June 5, 2017 in suburban Philadelphia. (Andrew Rush/Pittsburgh Post-Gazette via AP, Pool) © The Associated Press FILE - In this Tuesday, May 23, 2017 file photo, Bill Cosby, center, arrives for the second day of jury selection in his sexual assault case at the Allegheny County Courthouse in Pittsburgh, Pa. The case is set for trial on June 5, 2017 in suburban Philadelphia. (Andrew Rush/Pittsburgh Post-Gazette via AP, Pool)

The deposition from a decade-old sexual battery lawsuit, unsealed by a judge in 2015 at the request of The Associated Press, showed the once-beloved comedian's dark side.

FILE - In this Dec. 31, 2015, file photo Andrea Constand walks her dogs in Toronto, Canada. Comedian Bill Cosby goes on trial Monday, Monday, June 5, 2017, on sexual assault charges stemming from a 2004 encounter with Constand at his home near Philadelphia. (Marta Iwanek/The Canadian Press via AP, File) © The Associated Press FILE - In this Dec. 31, 2015, file photo Andrea Constand walks her dogs in Toronto, Canada. Comedian Bill Cosby goes on trial Monday, Monday, June 5, 2017, on sexual assault charges stemming from a 2004 encounter with Constand at his home near Philadelphia. (Marta Iwanek/The Canadian Press via AP, File)

Cosby, a champion of family life after a 50-year marriage and five children, detailed his practice of inviting young actresses, models, flight attendants and waitresses to meetings that often featured pills and alcohol — and turned sexual. He called some of them mere "liaisons."

FILE - This Oct. 25, 1982 file photo shows comedian, actor and author Bill Cosby. On Monday, June 5, 2017, Cosby goes on trial on sexual assault charges stemming from a 2004 encounter at his home near Philadelphia. (AP Photo) © The Associated Press FILE - This Oct. 25, 1982 file photo shows comedian, actor and author Bill Cosby. On Monday, June 5, 2017, Cosby goes on trial on sexual assault charges stemming from a 2004 encounter at his home near Philadelphia. (AP Photo)

But Andrea Constand, he said, was different. Cosby was a mentor and friend to the former Temple University basketball team staffer. She will take the stand this week and tell her story in public for the first time.

FILE - In this Thursday, May 2, 2002 file photo, members of Bill Cosby's television family, the Huxtables, gather in NBC's Today show studio for an interview with co-host Katie Couric, in New York. From left are Sabrina Le Beauf, Tempest Bledsoe, Cosby, Keshia Knight Pulliam, Phylicia Rashad, Raven Symone and Malcolm-Jamal Warner. (AP Photo/Richard Drew) © The Associated Press FILE - In this Thursday, May 2, 2002 file photo, members of Bill Cosby's television family, the Huxtables, gather in NBC's Today show studio for an interview with co-host Katie Couric, in New York. From left are Sabrina Le Beauf, Tempest Bledsoe, Cosby, Keshia Knight Pulliam, Phylicia Rashad, Raven Symone and Malcolm-Jamal Warner. (AP Photo/Richard Drew)

Judge Steven O'Neill hopes to keep the media frenzy from dominating the case as it did at O.J. Simpson's murder trial. Like the Simpson case, the Cosby jury will be sequestered. On the other hand, cameras aren't allowed in Pennsylvania courtrooms, as they were in the Simpson trial. But scores of photographers will be lined up outside the courthouse.

FILE - In this 1974 file photo, comedian Bill Cosby prepares to hit the ball as Australian World Cup team captain and playing partner Fred Stolle watches during an exhibition tennis match in Hartford, Conn. Cosby and Stolle teamed against actor Robert Culp and American World Cup team member Arthur Ashe. (AP Photo/Bob Child) © The Associated Press FILE - In this 1974 file photo, comedian Bill Cosby prepares to hit the ball as Australian World Cup team captain and playing partner Fred Stolle watches during an exhibition tennis match in Hartford, Conn. Cosby and Stolle teamed against actor Robert Culp and American World Cup team member Arthur Ashe. (AP Photo/Bob Child)

"We've had an O.J. hangover for many years," said Loyola Law School professor Laurie Levenson. "What you worry about as the judge is that the lawyers don't showboat, the evidence gets presented fairly, and that you have a jury that does its job and is not being thrown into the whole milieu of the trial outside the courtroom."

FILE - This August 1972 file photo shows comedian Bill Cosby from the Saturday morning cartoon show "Fat Albert and the Cosby Kids." Cosby created and starred in the cartoon series based loosely on his Philadelphia childhood that promoted good behavior and morality. (AP Photo, File) © The Associated Press FILE - This August 1972 file photo shows comedian Bill Cosby from the Saturday morning cartoon show "Fat Albert and the Cosby Kids." Cosby created and starred in the cartoon series based loosely on his Philadelphia childhood that promoted good behavior and morality. (AP Photo, File)

Constand lodged a formal police complaint and then sued Cosby in 2005 over the night a year earlier, when, she says, he drugged and molested her at his estate near Philadelphia. Cosby had beaten back rumors about his conduct before, at least once by giving an interview to squelch a woman's story.

FILE - In this Sept. 12, 1965 file photo, actor-comedian Bill Cosby, right, and his wife, Camille, arrive at the TV Academy awards in the Hollywood area of Los Angeles. Camille Cosby released a statement on Monday, Dec. 15, 2014 in support of her husband. The statement is the first public comment from Cosby's long-time wife since a wave of sexual assault allegations began swirling several weeks earlier. (AP Photo, File) © The Associated Press FILE - In this Sept. 12, 1965 file photo, actor-comedian Bill Cosby, right, and his wife, Camille, arrive at the TV Academy awards in the Hollywood area of Los Angeles. Camille Cosby released a statement on Monday, Dec. 15, 2014 in support of her husband. The statement is the first public comment from Cosby's long-time wife since a wave of sexual assault allegations began swirling several weeks earlier. (AP Photo, File)

Cosby and his agents offered Constand money for graduate school when her mother, Gianna, called to confront him in January 2006.

FILE - In this Thursday, Jan. 16, 1997 file photo, Bill Cosby is led from his New York home by his wife, Camille. Cosby's only son, Ennis William Cosby, 27, was shot to death while changing a flat tire in the Santa Monica Mountains in California. (AP Photo/Bebeto Matthews) © The Associated Press FILE - In this Thursday, Jan. 16, 1997 file photo, Bill Cosby is led from his New York home by his wife, Camille. Cosby's only son, Ennis William Cosby, 27, was shot to death while changing a flat tire in the Santa Monica Mountains in California. (AP Photo/Bebeto Matthews)

"She said your apology is enough," Cosby said in the deposition . "There's nothing you can do."

FILE - In this Nov. 6, 2014 file photo, entertainer Bill Cosby, left, and his wife, Camille, laugh as they tell a story about collecting one of the pieces in the upcoming exhibit, "Conversations: African and African-American Artworks in Dialogue" at the Smithsonian's National Museum of African Art in Washington. (AP Photo/Evan Vucci, File) © The Associated Press FILE - In this Nov. 6, 2014 file photo, entertainer Bill Cosby, left, and his wife, Camille, laugh as they tell a story about collecting one of the pieces in the upcoming exhibit, "Conversations: African and African-American Artworks in Dialogue" at the Smithsonian's National Museum of African Art in Washington. (AP Photo/Evan Vucci, File)

Gianna Constand will also testify, to describe changes she saw in her daughter that year and the phone call with Cosby they taped after going to police near Toronto, where they live.

FILE - In this April 1, 1982 file photo, John H. Johnson, publisher of Jet and Ebony magazines, left, and actor Bill Cosby, center, join the Rev. Jesse Jackson at a benefit reception for Operation PUSH in Chicago, Ill. (AP Photo) © The Associated Press FILE - In this April 1, 1982 file photo, John H. Johnson, publisher of Jet and Ebony magazines, left, and actor Bill Cosby, center, join the Rev. Jesse Jackson at a benefit reception for Operation PUSH in Chicago, Ill. (AP Photo)

The complaint was referred to Montgomery County, Pennsylvania, where the district attorney found the case too weak to prosecute.

FILE - In this Wednesday, Feb. 27, 2008 file photo, Bill Cosby, host of the Playboy Jazz Festival, right, and Playboy impresario Hugh Hefner greet each other at a party to announce the lineup of the upcoming 30th annual festival, at the Playboy Mansion in Los Angeles. The festival will be held at the Hollywood Bowl in Los Angeles. (AP Photo/Reed Saxon) © The Associated Press FILE - In this Wednesday, Feb. 27, 2008 file photo, Bill Cosby, host of the Playboy Jazz Festival, right, and Playboy impresario Hugh Hefner greet each other at a party to announce the lineup of the upcoming 30th annual festival, at the Playboy Mansion in Los Angeles. The festival will be held at the Hollywood Bowl in Los Angeles. (AP Photo/Reed Saxon)

Constand instead sued Cosby for sexual battery.

FILE - In this Tuesday, May 16, 2006 file photo, entertainer Bill Cosby raises his arm to the audience on the campus of University of the District of Columbia in Washington. The panel discussion on issues facing low income Americans is being called a "Call Out with Bill Cosby". (AP Photo/Lawrence Jackson) © The Associated Press FILE - In this Tuesday, May 16, 2006 file photo, entertainer Bill Cosby raises his arm to the audience on the campus of University of the District of Columbia in Washington. The panel discussion on issues facing low income Americans is being called a "Call Out with Bill Cosby". (AP Photo/Lawrence Jackson)

Thirteen women signed on to support her lawsuit, saying Cosby had also molested them. But Cosby avoided a trial by negotiating a confidential settlement with Constand in 2006.

The issue died down until 2014, when comedian Hannibal Burress called Cosby out as a rapist, leading dozens of new accusers to come forward. Months later, a federal judge granted an Associated Press motion to unseal parts of his deposition.

In one of the more explosive revelations, Cosby said he had gotten quaaludes in the 1970s to give women before sex. The news put a halt to his planned TV comeback and led networks to stop airing Cosby reruns.

Many of the 60 or so accusers were aspiring performers when they met Cosby. Others simply enjoyed the brush with fame.

"I was starstruck," Donna Motsinger, 75, one of the "Jane Doe" accusers in Constand's lawsuit, told the AP in an interview last week. "Somebody really famous thought I was pretty and cool, and I went with that."

She was a single mother working at the Trident Restaurant, a celebrity hangout, in Sausalito, California, in the early 1970s when she met Cosby. He invited her to a show, she said, and drugged and raped her in the limousine.

Cosby, in the deposition, said he didn't remember her.

"I met a lot of waitresses at the Trident," he said.

Cosby's lawyers have spent the past 18 months trying to have the criminal case thrown out. They say Cosby testified only after being promised he could never be charged. And they argue the delayed prosecution makes the case impossible to defend, given that witnesses have died, memories have faded and the 79-year-old Cosby, they say, is blind.

Lead defense lawyer Brian McMonagle hopes to call a memory expert to challenge accusations he calls "nothing more than vague recollections."

District Attorney Kevin Steele will be allowed to call one other accuser to suggest Cosby's conduct with Constand was part of a "signature crime." She says Cosby drugged and assaulted her in 1996 at a Los Angeles hotel.

Cosby and his family, on the eve of trial, have suggested the charges are fueled by racism.

The AP does not typically identify people who say they are sexual assault victims unless they grant permission, which Constand has done.

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