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Cosby convicted of drugging, molesting woman in 2004

Cosby, 80, could end up spending his final years in prison after a jury concluded he sexually violated Temple University employee Andrea Constand at his suburban Philadelphia home in 2004. He said the encounter was consensual.

Bill Cosby was convicted Thursday of drugging and molesting a woman in the first big celebrity trial of the #MeToo era. Gloria Allred, who represents some of the women speaking out against Cosby, said, "justice has been done." (Credit: THE ASSOCIATED PRESS)

NORRISTOWN, Pa. — After decades of whispers, lawsuits, investigations and close calls — and a multitude of women who lost hope anyone would ever believe their word against that of America’s Dad — Bill Cosby could be headed to prison at age 80 for the remainder of his life.

The comedian was convicted Thursday of drugging and molesting Temple University employee Andrea Constand at his suburban Philadelphia mansion 14 years ago in a verdict women’s advocates called a turning point in the #MeToo movement that proved what Cosby’s accusers had been saying all along — his nice-guy image was a sham.

Lili Bernard, who said Cosby sexually assaulted her before giving her a one-time role on “The Cosby Show” in 1992, said she was “overcome with gratitude.”

“I feel like I have to pinch myself,” said Bernard, sobbing, outside the courthouse. “Am I awake? It’s a miracle.”

The verdict, in the first big celebrity trial of the #MeToo era, sealed the spectacular late-in-life downfall of an entertainer who broke racial barriers in Hollywood on his way to TV superstardom as sweater-wearing, wisdom-dispensing Dr. Cliff Huxtable.

It was the only criminal case to arise from a barrage of allegations from more than 60 women who said Cosby drugged and molested them over five decades but whose stories were often disbelieved or ignored years before #MeToo put a spotlight on sexual misconduct by powerful men.

The jury of seven men and five women deliberated 14 hours over two days before convicting Cosby of violating Constand in 2004.

Constand, 45, a Temple University women’s basketball administrator, said Cosby knocked her out with three blue pills he called “your friends” and then assaulted her as she lay immobilized, unable to resist or say no. Cosby claimed the encounter was consensual, saying he gave her the cold and allergy medicine Benadryl to relax.

Cosby stared straight ahead as the verdict was read but moments later lashed out loudly at District Attorney Kevin Steele after the prosecutor demanded Cosby be sent immediately to jail. Steele told the judge Cosby has an airplane and might flee.

Cosby angrily denied he has a plane and called Steele an expletive, shouting, “I’m sick of him!”

Judge Steven O’Neill decided Cosby can remain free on $1 million bail while he awaits sentencing but restricted him to Montgomery County, where his home is. No sentencing date was set.

Cosby waved to the crowd outside the courthouse, got into an SUV and left without saying anything. His lawyer Tom Mesereau declared “the fight is not over” and said he will appeal.

Shrieks erupted in the courtroom when the verdict was announced, and some of Cosby’s accusers whimpered and cried. Constand remained stoic, then hugged her lawyer and members of the prosecution team.

The verdict came after a two-week retrial in which prosecutors had more courtroom weapons at their disposal than they did the first time: They put on the stand five other women who testified that Cosby, married for 54 years, drugged and violated them, too.

At Cosby’s first trial, which ended in a deadlocked jury less than a year ago, only one additional accuser was allowed to testify.

“Justice has been done!” celebrity attorney Gloria Allred, who represented some of Cosby’s accusers, said on the courthouse steps. “We are so happy that finally we can say women are believed.”

The district attorney became teary-eyed as he commended Constand for what he said was courage in coming forward. As Constand stood silently behind him, Steele apologized to her for a previous DA’s decision in 2005 not to charge Cosby.

Cosby “was a man who had evaded this moment for far too long,” Steele said. “He used his celebrity, he used his wealth, he used his network of supporters to help him conceal his crimes.”

He added: “Now, we really know today who was really behind that act, who the real Bill Cosby was.”

Cosby was convicted of three counts of aggravated indecent assault, each carrying a standard sentence of five to 10 years in prison. The counts are likely to be merged for sentencing purposes, but given Cosby’s age even a modest term could mean he will die behind bars.

The fallout from the verdict was immediate: Bounce, a TV network that caters to black viewers, announced it would drop reruns of “The Cosby Show.” And Carnegie Mellon University, in Pittsburgh, revoked an honorary degree awarded in 2007.

Since Cosby’s first trial, the #MeToo movement has taken down powerful men in rapid succession, among them Harvey Weinstein, Matt Lauer, Kevin Spacey and Sen. Al Franken. During closing arguments, Cosby’s lawyers slammed #MeToo, calling Cosby its victim and likening it to a witch hunt or a lynching.

Cosby’s new defense team, led by Mesereau, the celebrity attorney who won an acquittal for Michael Jackson on child-molestation charges, launched a ferocious attack on Constand during the trial, calling her a “con artist” and “pathological liar” who framed Cosby to get rich.

The star witness for the defense was Marguerite Jackson, a Temple employee who testified that Constand once spoke of setting up a prominent person and suing.

Constand sued Cosby after prosecutors initially declined to file charges, settling with him for nearly $3.4 million more than a decade ago.

Cosby’s defense team derided the other accusers as homewreckers and suggested they made up their stories in a bid for money and fame.

But Cosby had long ago confirmed some of the rumors about drugs and extramarital sex. In a deposition he gave more than a decade ago as part of Constand’s lawsuit, he acknowledged he had obtained quaaludes to give to women he wanted to have sex with.

The entertainer broke racial barriers as the first black actor to star in a network show, “I Spy,” in the 1960s. He created the top-ranked “Cosby Show” two decades later. He also found success with his “Fat Albert” animated TV show and appeared in commercials for Jell-O pudding.

Later in his career, he attracted controversy for lecturing about social dysfunction in poor black neighborhoods, railing against young people stealing things and wearing baggy pants.

Comedian Hannibal Buress was credited with helping to start the avalanche of allegations against Cosby when he called the TV star a rapist on a stand-up comedy stage in 2014 and a fan’s cellphone video of the moment went viral.

Not long after, a federal judge, acting on a request from The Associated Press, unsealed portions of Cosby’s deposition about quaaludes and sexual conquests, citing the disconnect between Cosby’s private behavior and his reputation as a public moralist.

The deposition release in 2015 prompted authorities to reopen the criminal investigation, and they eventually brought charges.

The Associated Press does not typically identify people who say they are victims of sexual assault unless they grant permission. Constand has done so.

Reaction to the guilty verdicts for Bill Cosby

“Cosby is guilty. I’m sorry if you loved a lie. His victims can now exhale. Thank you judge and jury. Thank you society for waking up.” — Harvey Weinstein accuser Rose McGowan, via Twitter.

“Omg. This made me cry.” — #MeToo founder Tarana Burke, on seeing video of women running from the courtroom weeping and embracing, via Twitter.

“Unbelievably amazing news!!!!!” — Weinstein accuser Mira Sorvino, via Twitter.

“ACCOUNTABILITY. This is the only way things will change.” — Terry Crews, via Twitter.

Key events in the case:

2002

  • Cosby meets Constand at Philadelphia’s Temple University, his alma mater, where she manages the women’s basketball team and he serves as a celebrity booster and trustee. (The Associated Press does not usually identify people who say they are the victims of sexual assault, but Constand has agreed to allow her name to be used.)

2004

  • JANUARY: Cosby drugs and assaults Constand at his suburban Philadelphia home, according to her testimony. The defense says any sexual encounter was consensual and happened earlier. The timing is important because Cosby was charged only a few days before the statute of limitations was set to kick in. Cosby has said he gave her three blue pills to alleviate stress before lying on the couch with her and engaging in sex acts. Cosby was 66, Constand was 30.

2005

  • JANUARY: Constand, now back home in suburban Toronto, tells her mother something happened with Cosby. They go to police, who suggest they record him on a phone call. On the call, Cosby said he engaged in “digital penetration” but refuses to say what pills he gave her. The case is referred to Pennsylvania authorities. Cosby lawyer Walter Phillips calls the allegations “pointedly bizarre.” Constand tells The Philadelphia Inquirer, “I did what I thought was right.”
  • FEBRUARY: Montgomery County District Attorney Bruce Castor announces that he will not charge Cosby. He considers the case weak, citing the yearlong delay, Constand’s continued contact with Cosby, and the failure of other accusers now coming forward to have ever filed a police complaint.
  • MARCH: Constand sues Cosby for sexual battery and defamation.

2006

  • NOVEMBER: Cosby settles the case for nearly $3.4 million after giving four days of deposition testimony about his affairs with young women over a span of 50 years. A confidentiality agreement prevented either side from discussing the case, and the settlement amount was only released during this month’s retrial.

2014

  • OCTOBER: Comedian Hannibal Burress calls Cosby a rapist in a stand-up act caught on video and shared online. More women accuse Cosby of assaulting them.
  • DECEMBER: The Associated Press petitions to have documents in Constand’s 2005 lawsuit unsealed. Cosby fights the request.

2015

  • JULY: U.S. Judge Eduardo Robreno grants the AP’s motion, saying “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 AP — and by extension the public — has a significant interest.” The documents include deposition excerpts in which Cosby acknowledges giving a series of women pills and alcohol before sex.
  • AUGUST: Montgomery County authorities reopen the 2005 criminal case, aware the 12-year statute of limitations for aggravated sexual assault has not yet run.
  • DEC. 30: Cosby is arrested, enters a not guilty plea and is released on $1 million bail.

2017

  • JUNE 17: After more than 52 hours of deliberations over six days at his first trial, jurors report they are hopelessly deadlocked, prompting the judge to declare a mistrial. Prosecutors immediately announce they’ll put him on a trial a second time.
  • AUGUST: Cosby hires new lawyers, including Tom Mesereau, the high-profile attorney who won an acquittal in Michael Jackson’s child molestation case.

2018

  • JANUARY: Cosby performs in public for the first time since the scandal broke in 2015, taking the stage for about an hour at a Philadelphia jazz club.
  • MARCH: Judge Steven O’Neill agrees to let five additional accusers testify at the retrial, giving prosecutors a chance to portray Cosby as a serial predator who drugged and molested women. The defense argues that “ancient allegations” would confuse, distract and prejudice the jury.
  • APRIL 3: The judge gives Cosby’s legal defense a huge lift by saying they can call a witness, Marguerite Jackson, who says Constand talked about framing a celebrity before she lodged sexual abuse allegations against Cosby in 2005. The judge also helps the defense case by ruling that jurors can hear how much Cosby ultimately paid Constand in the 2006 civil settlement.
  • APRIL 4-5: A jury of seven men and five women — 10 of them white, two of them black — is seated. Three of the six alternates are black.
  • APRIL 9: Cosby’s retrial begins.
  • APRIL 26: Cosby convicted on three counts of aggravated indecent assault. His lawyer says the “fight is not over” and he plans to appeal.

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