Since the 1960s, scores of women have been quietly, and not so quietly, accusing comedian Bill Cosby of drugging and sexually assaulting them. In some cases though, when presented with evidence, police and DA’s chose not to move forward with charges against America’s No. 1 dad. But one alleged victim, Andrea Constand, is doing what none of the others have been able to; take him to trial.
Because of the statute of limitations, which is as little as three years in many U.S. states, it’s too late for Cosby’s accusers to go after him criminally. But Constand’s alleged attack occurred in Pennsylvania in 2004, and the statute of limitations there is 12 years.
The District Attorney maintains that Cosby is a serial abuser, and he owes it to Constand to see that he is punished.
Who is Andrea Constand? This wiki will delve into the life of the media shy Andrea Constand, and the events that led up to her allegations and trials.
Who Is Andrea Constand?
Andrea Constand was born in Toronto, Ontario, Canada on April 11, 1973. Her father, Andy, is a massage therapist and her mother, Gianna, is a medical secretary. She also has an older sister.
Constand attended Albert Campbell Collegiate Institute in Scarborough, a suburb of Toronto. She was a standout basketball player at the high school in the 1980s, scoring an average 30 points per game. She also played on Canada’s junior team and development team. Constand had her sights set on the U.S. and becoming the first Canadian to play in the Women’s National Basketball Association (WNBA).
The astute Constand excelled academically, and secured a sports scholarship to study and play basketball at the University of Arizona in Tucson. Just like in Canada, Constand excelled in the U.S. Her on-court prowess attracted attention; she averaged 10 points per game and in her senior year helped the Wildcats win the National Invitation Tournament.
“I’m on a mission,” Constand said in a 1997 interview before leaving for Italy to play on Canada’s team in the World University Games. “First to help Canada do well, then to play basketball in Italy and finally crack a spot on a team in the WNBA.”
Constand played professional basketball in Europe for 18 months, then returned to her native Toronto in 1999 to train for another shot at playing in the WMBA. The 6’0″ Constand took a job working in a Nike store, and finished her degree before taking a job as a coach in a friend’s teen basketball program.
Unfortunately for Constand, the WNBA never came calling. Instead, she was recruited by Temple University’s then new woman’s basketball coach, Dawn Staley, to join her at the Philadelphia-based university as director of operations for the women’s team.
Temple Brought Constand into Bill Cosby’s Orbit
Bill Cosby graduated from Temple with his bachelor’s degree in 1971. While there, he played basketball and was inducted into the Temple Athletics Hall of Fame. When Constand arrived, he was also on its board of trustees.
It didn’t take long for Cosby to admit he was romantically interested in Constand, who was 35 years his junior. For her part, Constand said they were nothing more than friends, which included visiting Cosby at his house in Philadelphia and Manhattan, going for dinner, and exchanging gifts.
She alleged Cosby tried hitting on her three times, and each time she rebuffed his sexual advances. Constand did not tell Cosby she is a lesbian and in a relationship. Cosby later said he remembered those three occasions, but claimed she did not reject his advances.
January 2004 – Cosby Sexually Attacks Constand?
In January 2004, Constand said Bill Cosby invited her to his sprawling Cheltenham home, just outside Philadelphia. She arrived at 8:45 p.m. and told Cosby that she was thinking about changing jobs, and that the decision had drained her. Cosby poured Constand a glass of wine and went upstairs. He returned a few minutes later with, what Cosby called, “three friends;” three blue pills that he said were herbal —would make her feel good and “take the edge off.”
“Down them. Put them down. Put them in your mouth,” Cosby said.
Constand swallowed the pills and, at Cosby’s urging, took a sip of wine. After talking for 20 to 30 minutes, Constand’s vision blurred, and she found it difficult to talk. She then told Cosby that she couldn’t talk.
She later told police that her legs were “rubbery and like jelly.” She lost sense of place and time, was “in and out” of awareness, “frozen” and “paralyzed.” Everything became blurry and dizzy.
Constand, who could barely keep her eyes open, was led to the couch by Cosby, who said he was going to let her relax. As he led her to the couch, she was suddenly aware that “his hands were on my breasts.”
“His hands were in my pants and his fingers in my vagina. … I also remember him taking my right hand and placing my hand on his penis. … I was unable to move my body. I was pretty much frozen.”
Constand woke up at around 4:00 a.m., her sweater was bunched up around her neck, her bra was on backwards and pushed above her breasts. She also said her lower extremities felt “raw.”
Still in a daze, she struggled to get dressed and walked to the front door. Cosby was there, standing at the bottom of the stairs, offering her a blueberry muffin. He walked her to the door, and said “All right.”
Later, Cosby said that they shared a long night of consensual sex. “I don’t hear her say anything. And so I continue and I go into the area that is somewhere between permission and rejection. I am not stopped.”
“I go inside of her pants,” Cosby said. “She touches me. … She then took her hand and put it on top of my hand to push it in further. I move my fingers. I do not talk. She doesn’t talk. But she makes a sound which I feel was an orgasm.”
Constand drove herself home and decided not to report the incident to police; citing Cosby’s fame and her position as the basketball administrator at Temple as the reasons. Instead, she contacted a lawyer who specializes with sexual assaults.
Four months later, Constand quit her job at Temple and returned to Toronto to study massage therapy.
Constand Files Lawsuit against Cosby for Sexual Assault
On Thursday, January 15, 2005, one year after the alleged rape took place, Constand told her parents Cosby sexually assaulted her. She filed a claim against Cosby with Durham Regional Police in Ontario, who passed it on to authorities in Cheltenham Township, Pennsylvania.
Meanwhile, Constand’s mother, Gianna called Cosby to ask him if her daughter’s accusations were true. They spoke on the phone for two hours; Cosby admitted sexual contact occurred and said he would cover any expenses related to therapy, and her education goals.
Authorities in Pennsylvania conducted a month-long investigation; it was only then that Cosby learned Constand is a lesbian. In the end, Montgomery County, Pennsylvania DA Bruce Castor Jr. said charges would not be laid due to “insufficient credible and admissible evidence.”
Castor did, however, encourage Constand to seek “civil remedies.”
Which is exactly what she did. Andrea Constand filed a civil lawsuit against Cosby. Thirteen women, identified only as Jane Does at the time, came forward to say he did the same thing to them.
Cosby settled the civil lawsuit out of court in November 2006 for a reported $3.5 million. The four-day proceedings, which took place in 2005 and 2005, produced nearly 1,000 pages of testimony. The testimony was sealed, and Coby’s wholesome reputation remained intact.
Cosby’s Comedy Routine Led to Unexpected Charges
With the hush money paid off in 2006, and Constand living quietly in Canada, Cosby’s life was pretty uneventful. And perhaps it would have stayed that way had he not been quite so vocal on a cross-country speaking tour.
Part of Cosby’s stand-up routine included comments on how African-Americans should behave. That did not sit well with those who knew about Cosby’s background.
On October 16, 2014, comedian Hannibal Buress went onstage in Philadelphia’s Trocadero, a former burlesque house: “Bill Cosby has the f*ckin’ smuggest old-black-man public persona that I hate,” he said. “He gets on TV, ‘Pull your pants up, black people! I was on TV in the 80s! I can talk down to you because I had a successful sitcom!’
“Yeah, but you raped women, Bill Cosby,” Buress taunted.
The Bill Cosby bit was uploaded to the Internet and went viral, resulting in more and more women coming forward with accusations of rape against Bill Cosby.
Constand’s Confidential Disposition Unsealed
Because of Cosby’s on-stage boasts, his sealed deposition from 2006 was reopened in July 2015.
Federal judge Eduardo Robreno, in explaining why he agreed to unseal the court filings of Constand’s civil trial, said, “The stark contrast between Bill Cosby, the public moralist and Bill Cosby, the subject of serious allegations concerning improper (and perhaps criminal) conduct, is a matter as to which the [Associated Press]—and by extension the public—has a significant interest.”
The transcripts revealed that Cosby obtained Quaaludes for the purpose of giving them to women he wanted to have sex with. But, he maintained, he never gave a woman drugs without their knowledge.
Cosby also bragged about his sexual prowess, including “digital penetration,” and paying off accusers. He claims to have given Constand one and a half tablets of the antihistamine Benadryl, enough to put her to sleep “right away.”
He then had sexual contact with her, knowing she wouldn’t be fully conscious. Cosby interpreted her silence as consent, “I think I’m a pretty decent reader of people and their emotions in these romantic sexual things, whatever you want to call them.”
Again, despite claims of being “a good reader,” Cosby had no idea, after years of friendship, that Constead is a lesbian.
This statement allowed then Montgomery County DA Risa Vetri Ferman to reopen the investigation. Cosby’s admission moved the charge from a misdemeanour with a two-year statute of limitations, to aggravated indecent assault with a 12-year statute of limitation.
Bill Cosby was charged with aggravated sexual assault on December 30, 2015, just days before the 12-year statute of limitations would have run out.
Investigators were sent to Toronto to reinterview Constand. Interestingly, Constand, who is a registered massage therapist at the Sutherland-Chan Clinic in downtown Toronto, did not request that the criminal investigation be reopened. But, she “told investigators she would cooperate if asked to do so.”
Cosby’s legal team tried to quash the charges, saying Cosby was protected under a 2005 agreement he made with then Montgomery County District Attorney Bruce Castor Jr., who said Cosby would “never be prosecuted.”
Castor’s successor, Kevin R. Steele, said he was not bound by the previous decision and did not care about a civil settlement.
“Reopening was not a question,” Steele said. “Reopening this case was our duty as law enforcement officers…We examined all the evidence and we made this determination because it was the right thing to do.”
Steele said he believes that Cosby drugged and assaulted Constand. He also holds that the pattern of misconduct led him to bring new criminal charges. “That man,” Steele said, “is a serial abuser. He selects his victims, he gives them an intoxicant and he assaults them.”
June 5, 2017 Judgement Day for Bill Cosby
Bill Cosby went to trial on June 5, 2017 to face accusations that he drugged and sexually assaulted Andrea Constand at his home in 2004. Constand took the stand and gave a disturbing play-by-play account of the alleged rape.
“I was jolted conscious, jolted awake, and I felt Mr. Cosby’s hand groping my breasts, under my shirt,” she recalled. “I felt his hand inside my vagina, moving in and out. And I felt him take my hand, place it on his penis and move it back and forth.”
“Did you ask him to stop?” asked Montgomery County prosecutor Kristen Feden.
“I wasn’t able to,” Constand said. “In my head, I was trying to get my hands to move and my legs to move, and those messages were frozen. They didn’t get there. They were limp and I wasn’t able to get there, to fight, to get away.”
Then, she added, her voice quavering, “I wanted it to stop.”
One of the 13 victims who accused Cosby of sexual assault also testified. The judge would only allow one of the 13 victims to testify. The prosecution were hoping the testimony of the 13 victims would establish a pattern of behavior, which would persuade the jury that Cosby did, indeed, drug and rape Constand in 2004.
Cosby did not take the stand, and thereby avoided having to be cross-examined about his decades long history of promiscuity and cheating on his wife.
In summation, Brian J. McMonagle, Cosby’s defence attorney, insisted that Constand was lying and that they had a consensual sexual relationship.
Steele observed that, when Gianni called Cosby to confront him about the incident, he apologized and offered to pay for her therapy, schooling, and a trip to Florida to discuss the matter; all of which is evidence he knew that what he did was wrong.
On June 17, after six days of deliberating, the judge declared a mistrial. It is not known how the jury was split in their decision.
DA Kevin Steele said he would put Cosby on trial again. “We will take a hard look at everything involved and then we will retry it,” Steele said, noting that Constand “is entitled to a verdict in this case.”
On that day, Constand tweeted:
— Andrea Constand (@dreconstand2017) June 18, 2017
The next day, in a now deleted post, Constand tweeted: “Let’s all stay classy plz! That includes anybody who may be inserting their opinion as to whether anything was fully investigated period. [sic]”
New Trial Date Set for April 2, 2018
The second trial was initially set for November, but Judge Steven T. O’Neill pushed the date back so Cosby’s new legal team could prepare their defense. The retrial is set to begin on Tuesday, April 2 at the Montgomery County Courthouse in Norristown.
After being unsuccessfully defended at the first trial, Cosby replaced his attorney, Brian McMonagle, with Tom Mesereau. Mesereau is best known for successfully defending Michael Jackson against child-molestation charges in 2005.
Where Cosby’s first legal team called just one witnesses to the stand, it is expected that Meserau will make use of additional witnesses for the second trial. According to the New York Post, Cosby’s lawyer is looking to put Foxwoods Casino Resorts manager, Thomas Cantone on the stand. Cosby says that Cantone will say Constand went to Cosby’s hotel room willingly and brought him gifts, lit a fire, and “cozied up in a bed with him.”
Constand, now 44, previously testified that she sat on Cosby’s bed because there was nowhere else to sit. And even if someone was there willingly, they can always change their mind.
Another witness, Temple employee Marguerite Jackson, said Constand told her she could “set up” Cosby and get a big payday. Constand denies knowing Jackson.
If Cosby is found guilty on all three counts, the 79-year old could have faced a maximum of 15 to 30 years in prison, plus a fine of up to $25,000.