Bill Cosby‘s ongoing legal saga took a dramatic turn when Kevin Steele, district attorney-elect and current first assistant DA for Montgomery County, Pennsylvania, charged the besieged comedian with felony assault on Wednesday stemming from an alleged 2004 incident.
The felony count marks the first criminal charge against Cosby, following dozens of accusations and multiple civil suits against the comedian. And as one legal expert told TheWrap, the publicity surrounding the accusations presents “a huge problem” for the comedian as his saga moves into the arena of criminal law.
“Before he walks into the courtroom, number one, virtually everyone knows who he is, but two, there’s been such media saturation of the allegations against him by so many individuals over such a period of time, I think the frequency as well as the intensity of the coverage presents him with a huge problem that is very difficult to overcome,” Paul DerOhannesian, an attorney and author of “Sexual Assault Trials,” told TheWrap. “He is not in the same position as a normal defendant.”
While jurors in a trial would be instructed to disregard the publicity surrounding Cosby and focus on the facts of the criminal case, DerOhannesian is skeptical that they could do so, given the massive media coverage the accusations have received.
“We’d like to believe that jurors will follow instructions,” he noted, but added, “I’m not convinced that, in the real world, you can separate the cream and coffee.”
Beyond potential juror bias, DerOhannesian noted it’s possible that past accusations could be introduced in the criminal case, which stems from the alleged 2004 assault of former Temple University employee Andrea Constand.
“For example, the idea that he had a unique way of gaining access to women by drugging them” could arguably be admissible as a specific method of operation, DerOhannesian said. (Constand claims that Cosby drugged and violated her at his home.) While the law “is not really clear and bright” on which other allegations could be admissible, and the issue of what is or is not admissible would ultimately be decided by a judge, DerOhannesian said that the introduction of other accusations “will be a huge legal question on both sides of the case.”
And there appears to be little doubt that Cosby’s case will go to trial.
“The prosecutor can’t bring this charge at this point with such a high-profile individual without wanting or expecting some type of conviction in this case,” DerOhannesian noted.
Elkins Park, Montgomery County District Attorney’s office
Cosby, too, has much at stake — his reputation and an onslaught of civil cases — making it unlikely he will agree to any type of plea deal.
“I don’t think Mr. Cosby will plead guilty to anything and I don’t think they will offer him an acceptable resolution to the case,” criminal defense attorney Thomas Mesereau, who represented Michael Jackson during the singer’s 2005 child molestation trial, told TheWrap. “I don’t think he wants to plead guilty to anything.”
The multi-pronged nature of Cosby’s legal battle will also complicate things for the comedian and his legal team, particularly if he’s found guilty. DerOhannesian and Mesereau noted that a guilty verdict could have dire results for Cosby in the civil cases he faces.
“If he’s convicted, it will make a civil liability much easier for the plaintiffs,” Mesereau said.
“He is going to see that it is very difficult to fight a multi-front war,” DerOhannesian added.
Because of that, Cosby’s lawyers will likely try to have the civil cases put on hold pending the result of the criminal case, arguing, for instance, that he could be forced to answer questions in the civil cases that could be used against him in the criminal case. However, DerOhannesian said, the decision to stay the civil cases would be up to the judges presiding over them, and it’s far from certain that they would decide in Cosby’s favor.
That’s just one question mark hovering over a legal entanglement that seems to have no end of complexities, according to DerOhannesian.
“The criminal case has really upped the ante on many legal issues and questions,” DerOhannesian said. “There were plenty before, but I think the criminal case complicates some of the other civil cases also. It certainly puts a lot more at stake.”
As for the specific criminal case involving Constand, who sued Cosby but ultimately settled with him, the comedian’s legal team will likely go after her aggressively.
“I think the defense is going to say that she was after money and she took money,” Mesereau said, adding that Cosby’s lawyers “have no choice” but to go on the attack against Constand.
“She’s the accuser,” Mesereau explained. “She’s trying to get him convicted of a serious felony, which will send him to prison, which will make him register as a sex offender probably for the rest of his life. You have to go after her tooth and nail.”
Bill Cosby Scandal Timeline: From First Accusation to Jail Sentence (Photos)
Bill Cosby, once one of Hollywood's most beloved stars, has dramatically fallen from grace since facing multiple accusations of sexual assault and misconduct -- leading to a criminal conviction in 2018 on three counts of aggravated sexual assault. Here's a look back at the scandal.
1965
In 2014, Kristina Ruehli accused Bill Cosby of sexually assaulting her when she was 22 years old.
Cosby admits to paying $100,000 to a woman named Shawn Berkes to keep secret an extramarital affair they had in the 1970s. But he denied he was the father of her 22-year-old daughter.
Cosby delivers his famous "Pound Cake" speech at NAACP Awards, criticizing too-permissive parenting by African-Americans. A judge later cited the moralizing speech when unsealing Cosby's deposition in 2015.
A video of comedian Hannibal Buressdoing a stand-up routine about Cosby's reputation with women goes viral, bringing the accusations back to public attention.
One of the comedian's most outspoken critics, Judd Apatow, begins his Twitter crusade against Cosby. "Guys who rape a lot aren’t cool," the director writes.
Phylicia Rashad, the actress who played Cosby's wife for eight seasons on "The Cosby Show," defends her former TV husband: "What you’re seeing is the destruction of a legacy. And I think it’s orchestrated."
Cosby breaks his silence on the allegations in an interview with ABC's "Good Morning America." "I have been in this business over 52 years, and I have never seen anything like this," he says.
A judge makes public Cosby's 2005 deposition from the Andrea Constand civil suit. In the documents, Cosby admits to obtaining Quaaludes to give to young women he intended to have sex with.
After months of defending her friend against his accusers on "The View," co-host Whoopi Goldberg reverses course, saying, "All of the information that’s out there kind of points to guilt.” Her reversal follows other former Cosby backers like singer Jill Scott.
After obtaining the full 1,000-page deposition from the Constand case, The New York Times publishes excerpts that detail his history of womanizing with women as young as 19.
A week after Cosby filed a countersuit for defamation against seven of his accusers, the comedian sued model Beverly Johnson for defamation. A complaint filed in Los Angeles Superior Court accuses Johnson of trying to push herself back into the limelight with a false allegation that he drugged her and attempted to have sex with her.
Getty Images
Dec. 30, 2015
Cosby was arraigned on felony charges of criminal sexual assault stemming from a purported incident more than a decade earlier in Pennsylvania involving a former Temple University employee. A previous district attorney declined to charge the star in 2005.
Smoking Gun
Feb. 3, 2016
Pennsylvania judge Steven O’Neill denies Cosby's lawyers' request to have the criminal sexual assault charges dismissed.
The judge rules only one of the 13 other accusers prosecutors had planned to call to the stand may testify at the criminal trial. The unnamed woman was previously employed by Cosby's former agent at WME.
Getty Images
May 16, 2017
Cosby says in an interview with SiriusXM radio host Michael Smerconish that he likely will not testify at the trial.
Getty Images
May 19, 2017
Montgomery County Judges Thomas DeRicci and Steven O'Neill bar all electronic communications from the courthouse, meaning the trial will not be televised and journalists will be barred from live-tweeting.
Getty Images
May 24, 2017
A jury is selected for Cosby's trial. Following Cosby's assertion that race could be a factor in the decision, the jury is made up of four white women, six white men, one black woman and one black man.
After 5 days and 52 hours of deliberations, the 12-person jury is unable to reach a unanimous verdict and a mistrial is declared. Montgomery County D.A. Kevin Steele said he intends to retry Cosby at a later date.
Getty Images
June 22, 2017
Following the mistrial, representatives for Cosby said the comedian had planned a tour for a series of educational "town halls" about sexual assault. “People need to be educated,” said Cosby spokesperson Ebonee Benson. “A brush against the shoulder, anything at this point, can be considered sexual assault.” The plans were quickly met with pushback.
Getty Images
June 26, 2017
A juror from the Cosby mistrial said on "Good Morning America" that Cosby's celebrity and a lack of "substantial evidence" led to the jurors being unable to reach an unanimous verdict over the 52 hours of deliberation. “I think if it was a regular Average Joe, it probably wouldn’t have taken that long,” juror Bobby Dugan said.
Getty Images
June 27, 2017
Cosby pushed back about "false" news reports about his tour. “The current propaganda that I am going to conduct a sexual assault tour is false. Any further information about public plans will be given at the appropriate time," Cosby said in a statement.
Getty Images
June 27, 2017
A trial date of July 30, 2018, was set for Cosby's California civil sexual assault case, in which he was accused of sexually assaulting Judy Huth at the Playboy Mansion in 1974 when she was 15 years old.
Getty Images
Aug. 1, 2017
Bill Cosby’s defense attorney Brian McMonagle quits ahead of the comedian’s second sexual assault trial. No reason was given for McMonagle’s departure.
Getty Images
Jan. 18, 2018
Prosecutors in the Cosby case make a request for 19 of the actor's accusers to testify in court. Prosecutors originally wanted 13 accusers to testify in the original trial, but only one was allowed, with the defense arguing that it would prejudice the jury.
Getty Images
Jan. 26, 2018
Lawyers for Cosby say that the prosecutors failed to disclose and later destroyed evidence related to the case of Temple University worker Andrea Constand, adding that the misconduct was serious enough to warrant a dismissal of the case.
Getty Images
March 12, 2018
Cosby's former TV daughter on "The Cosby Show," Lisa Bonet, says in an interview that though she didn't know about the dozens of sexual misconduct allegations, she "always" sensed some darkness surrounding the comedian. There was just energy,” Bonet says. “And that type of sinister, shadow energy cannot be concealed.”
Getty Images
April 9, 2018
On the first day of Cosby's scheduled retrial, a topless woman charges at Cosby as he enters the Norristown, Pennsylvania, courthouse. The woman was a protestor with "Woman's Lives Matter," and she came within a few feet of Cosby before she was intercepted by sheriff's deputies.
Getty Images
April 10, 2018
Cosby’s defense attorney Tom Mesereau painted Cosby accuser Andrea Constand as a “con artist,” saying she wasn’t attracted to him physically but for his fame and money. The defense added that Constand had changed her story multiple times.
April 12, 2018
Supermodel Janice Dickinson testified that Cosby raped her in Lake Tahoe in 1982. “I wanted to punch him in the face,” Dickinson told the court.
April 18, 2018
Marguerite Jackson, a former fellow employee of Temple University alongside Bill Cosby’s accuser Andrea Constand, was permitted to testify for the defense on Wednesday during the comedian’s retrial, after her testimony was blocked from the original 2017 trial. Jackson claimed she shared a hotel room with Constand, asking her at the time, “‘Did this really happen to you?’ and [Constand] said ‘no, no it didn’t. But I could say it happened, get that money. I could quit my job, go back to school.'”
April 19, 2018
Cosby's defense team made their fifth motion for a mistrial, with Judge Steven T. O'Neill striking down the motion as having “simply no grounds for a mistrial” and being raised too late.
April 25, 2018
Two hours into deliberations, the jury's first question was for a legal definition of consent following an entire day of closing arguments.
April 26, 2018
Cosby is found guilty by the jury in his retrial over accusations made by former Temple University employee Andrea Constand. The jury found him guilty on all three counts of aggravated indecent assault, stemming from former Temple University employee Constand’s accusation that the comedian molested her in 2004 at his home outside of Philadelphia.
September 25, 2018
Cosby is sentenced to three to 10 years in a Pennsylvania prison and declared a "sexually violent predator" whose name will appear on a sex-offender registry sent to neighbors, schools and victims.
1 of 46
A chronology of controversies that have tarnished the legacy of a Hollywood icon
Bill Cosby, once one of Hollywood's most beloved stars, has dramatically fallen from grace since facing multiple accusations of sexual assault and misconduct -- leading to a criminal conviction in 2018 on three counts of aggravated sexual assault. Here's a look back at the scandal.