Marty Singer may no longer be Bill Cosby’s attorney, but the Hollywood legal heavyweight made an appearance today of sorts at the Norristown, PA criminal trial. On Day 2 of Cosby’s trial for the alleged rape of former Temple University employee Andrea Constand in 2004, a trio of telephone calls and messages played for the seven-man and five-woman jury Tuesday during Constand’s testimony included one from the self-described “passionate” lawyer Singer.
In the recording of a message left in early 2005 at the Toronto-area home of Constand’s parents, Singer was heard identifying himself as a representative of Cosby’s. Asking to have his message returned, an upbeat Singer could be heard wanting to discuss an “educational fund for Andrea.” The call by Singer, who parted ways with Cosby in 2015, was received about a year after the alleged drugging and assault occurred in the actor’s Philadelphia home. A transcript of the call was also entered into the case record.
The court hearing the calls came after a morning that saw Constand’s highly detailed and emotional retelling of the alleged sexual assault. The bulk the rest of her testimony this afternoon to Montgomery County Deputy D.A. Kristen Feden addressed how Constand revealed the assault to her mother.
“I told her that Mr. Cosby had sexually violated me and had given me pills,” Andrea Constand said today of what she revealed to her mother in early 2005. “It’s wrong and I don’t want him to do this to another person,” she added, part of a bad dream that prompted her to make the admission to her mother in Canada months after the event in question.
Accused of three felony charges of second-degree aggravated indecent assault, the 79-year-old Cosby could face up to 10 years behind bars if found guilty.
Taking the stand this afternoon and facing her alleged attacker for the first time face to face in more than 12 years, Constand also said that Cosby apologized to her in a January 2005 phone call that her mother instigated. There were also discussions about some sort of compensation. Specifically, as Singer’s call implies, that compensation would take the form of support by Cosby for Constand to go to graduate school.
Constand also noted that despite her asking, and a promise from Cosby to send her what the prescription was, he never told her directly what pill she gave her that caused her to lose consciousness in his home that 2004 evening.
“It was overwhelming, very overwhelming,” Constand said of the alleged assault and its aftermath. “I was really scared; I wanted guidance and I want to protect myself,” she admitted of reaching out to an attorney soon after revealing to her mother what happened. “I felt if I went to the police that Mr. Cosby would retaliate.”
After speaking to Toronto area police — “I was just really confused, I had a lot going through my mind,” she testified when asked about several inconsistencies in the story she told them about a year after the alleged assault — Constand was advised by her law enforcement officer brother-in-law that she should talk to Montgomery County officials. As Stewart Parsons testified earlier today, he accompanied his sister-in-law to those Keystone State meetings in early 2005.
Then-Montgomery County D.A. Bruce Castor declined to prosecute the case that year but made an agreement with Cosby’s then-lawyer, now deceased, that Cosby would not plead the Fifth Amendment if Constand pursued a civil case. She did and the subsequent case saw Cosby paying Constand an undisclosed settlement in 2006. Last year, Cosby sued Constand, her mother and her then-lawyers in federal court to get back the settlement, claiming Constand had broken the confidentiality agreement. He dropped the case last summer.
Soon after current Montgomery County D.A. Kevin Steele charged Cosby in late 2015 ahead of the expiration of Pennsylvania’s statute of limitations on sex crimes, the actor’s then-attorneys tried to invoke that agreement. After a series of rulings in February 2016, it was ruled the agreement was never put in writing nor had Castor followed the set procedure for such arrangements.
After Feden finished her questioning of Constand today, Cosby attorney Angela Agrusa cross-examined the ex-Temple basketball Director of Operations.
Taking at first a far less aggressive tone than her colleague Brian McMonagle has in his cross-examination of witnesses, the L.A.-based lawyer focused her questioning on how many times Constand contacted Cosby after the alleged assault, her search for Philadelphia-based attorneys, and apparent inconsistencies in her version of events. In that, Agrusa returned again and again, sometimes to Judge Steven O’Neill’s irritation, to occasions in which Cosby and Constand were alone together in “suggested,” Constand’s word, sexual situations.
Constand’s testimony will continue tomorrow for the third day of what is expected to be a two-week trial.