Bill Cosby sex assault case in hands of jury

Bill Cosby center left listens to his spokesperson Andrew Wyatt center right speaks with members of the media as they depart from from Cosby's sexual assault trial at the the Montgomery County Courthouse in Norristown Pa. Friday

Will Cosby testify at sex assault trial? Lawyers remain mum

Andrew Wyatt, spokesperson for Bill Cosby gives a reaction as the defense rests on the sixth day of the Bill Cosby sexual assault trial.

"He knew exactly what was going to happen and that was part of the plan", said Steele.

As he hammered at Constand's credibility, McMonagle zeroed in on Constand's initial report to police that the incident may have occurred March 16, 2004, comparing it against her later statements that the alleged sexual assault occurred months earlier.

Phone records showed she made no such call in January, he said, and instead show she only called Cosby's phone numbers in NY.

Jurors did hear Cosby's side of the story, though not in his voice. They wanted to revisit the portion of a 2005 civil deposition where the comedian, now 79, talked about giving her "three friends".

The comedian stands accused of three counts of aggravated indecent assault for allegedly sexually assaulting Constand in his Cheltenham mansion in January 2004.

He is accused of drugging and attacking Constand, now 44, at his Pennsylvania home. He could face up to 10 years in prison for each charge.

Bill Cosby departs Montgomery County Courthouse. The jury began deliberating about 5:25 p.m. and asked the court one question around 7:15 p.m. and another at 9:30 p.m. The jury could begin deliberations by Monday evening.

But District Attorney Kevin Steele said in his closing remarks on Monday afternoon that Constand's inconsistencies were minor and argued that Cosby used his role as a respected public figure to gain her trust, then drug her and assault her.

Her lawsuit against him had elicited four days of testimony from Cosby about his sexual conduct with some of them. "You don't put her in a bedroom for put her on a sofa, you do what you do to her, and then you leave her", he said, pleading with the jury.

McMonagle described his own client as a philandering husband, but an overly forthcoming one whose own statements about Constand have remained entirely consistent over 12 years - no matter how damaging they have been to his reputation. "I said 'I trust you.' I took the pills and I swallowed the pills down".

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She became incapacitated and felt "frozen" and told him so, she testified. Cosby, as expected, waived his right to testify. Cosby lowered and shook his head in the courtroom as she spoke.

In his excited and animated closing, McMonagle made emotional appeals to the jury, weaving anecdotes about parenting and patriotism as he argued Cosby's prosecution was "nonsense" driven by lawyers and media attention. She says they left her semi-conscious.

The Associated Press does not typically identify people who say they are victims of sexual assault unless they grant permission, which Constand and Johnson have done.

Bill Cosby did not testify in his trial. Lead defense attorney Brian McMonagle's final argument swung wildly from whispered portrayals of Cosby and Constand's "romantic" relationship to exasperated shouts, urging jurors that Constand's misstatements to police - including about the date of the night in question - must create doubt about Constand's accusations that Cosby committed sexual assault.

"She said one thing yesterday, another thing today". The jury included two black members. He says she doesn't say 'yes.' He says he put his finger.

When Ms Constand's mother called to confront Mr Cosby about a year after the incident, he said, the defendant's apology, and his offer to pay for her schooling, therapy and a trip to Florida, were evidence that he knew he had done something wrong.

Legal experts said testifying would have been a risky move that could have opened the TV star to withering cross-examination about some of the 50 or so other women who have accused him of drugging or molesting them.

Cosby couldn't risk taking the stand and being cross-examined about the 60 other accusers if he denied ever drugging or molesting anyone. Cosby has maintained he gave Constand blue Benadryl.

Cosby's wife of 53 years has given a deposition in the past, but whether she testifies at the trial has not been revealed.

Cosby has previously arrived at the Montgomery County Courthouse with various celebrities from the world of entertainment. Instead, Cosby was accompanied by friends and former co-stars, such as Keisha Knight Pulliam, who played his daughter on The Cosby Show.

Other actors have joined on other trial days, including two appearances by Joe Torry. She had waited 12 years for her day in court.

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