Cosby lawyers try to upend accuser’s time frame of alleged assault

Cosby lawyers try to upend accuser’s time frame of alleged assault

Lawyers for Bill Cosby claimed Monday that newly discovered evidence shows the sex assault he’s charged with couldn’t have happened when his accuser says it did​ ​—​ ​and ​is therefore ​outside the statute of limitations.

The funnyman’s defense team argued that telephone records, travel itineraries and other docs upend the version of events offered by former Temple University employee Andrea Constand.

Constand testified during the 80-year-old’s first trial that she was drugged and molested in his suburban Philadelphia mansion sometime in early 2005. She didn’t give an exact date, but said the incident must have occurred prior to Jan. 20, when her cousin moved into her apartment.

Constand, who became friends with Cosby while working for the school’s basketball program, told jurors she would have called Cosby that night in his home phone to let her in upon arriving.

Yet his lawyers Monday say Costand’s own phone records don’t show that any call within that time frame was ever made.

Cosby was arrested on charges of aggravated indecent assault on Dec. 30, 2015.

Any incident that occurred prior to Dec. 30, 2015 would fall outside Pennsylvania’s 12-year statute of limitations.

The lawyers also said they’ve unearthed evidence showing the embattled comedian, who’s been accused by some 60 women of sexual misconduct, drugging, and even rape, wasn’t in the state at the time.

Earlier Monday, Montgomery County Court Judge Steven O’Neill put the defense team “on notice” after they falsely accused prosecutors of hiding evidence.

District Attorney Kevin R. Steele had asked O’Neill to throw them off the case completely for previously saying his office had failed to alert them prosecutors had interviewed a woman who cast doubt on Constand’s allegations. The team later withdrew the claim, after Cosby’s former lawyer said he’d been aware of the interview prior to Cosby’s June 2017 trial.

The judge said he had no plans to dissolve the team so close to retrial, but added the lawyers had been sloppy and “are at best incompetent and otherwise unethical.”

Hearings are expected over the next two days to determine how many accusers will be allowed to testify against Cosby for the prosecution, in order to prove the alleged attack on Constand was part of a sick-half century of perversions.

Jury selection is expected to begin March 29, with opening statements April 2.

Cosby’s last trial ended with a hung jury following nearly 60 hours of deliberations.

With Post Wires

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