DOJ-OGR-00004851.jpg

761 KB

Extraction Summary

2
People
2
Organizations
1
Locations
2
Events
1
Relationships
4
Quotes

Document Information

Type: Legal filing / court opinion exhibit
File Size: 761 KB
Summary

This document is a page from a legal filing (Case 1:20-cr-00330-PAE, United States v. Ghislaine Maxwell) citing the legal precedent of *Commonwealth v. Cosby*. The text details the court's reasoning for admitting 'prior bad acts' evidence (Rule 404(b)) and deposition testimony regarding Quaaludes in the Bill Cosby trial to prove intent and motive. It concludes with a summary of Cosby's conviction for aggravated indecent assault and his designation as a 'sexually violent predator' under SORNA.

People (2)

Name Role Context
Bill Cosby Defendant (in cited case)
Subject of the legal analysis regarding admissibility of evidence, conviction, and sentencing.
Ms. Constand Victim (in cited case)
Victim of aggravated indecent assault; court discussed her delayed reporting.

Organizations (2)

Name Type Context
Commonwealth
Prosecution authority (Pennsylvania) in the Cosby case.
DOJ
Department of Justice (implied by footer DOJ-OGR).

Timeline (2 events)

Unknown (Past)
Second jury trial of Bill Cosby
Pennsylvania Court
Unknown (Past)
Sentencing of Bill Cosby to three to ten years
Pennsylvania Court

Locations (1)

Location Context
Implied jurisdiction based on Pa.C.S. citation.

Relationships (1)

Bill Cosby Perpetrator/Victim Ms. Constand
Document discusses assault, drugging, and conviction related to Constand.

Key Quotes (4)

"Ms. Constand did not report the assault until approximately one year later, further supporting the Commonwealth’s need for the evidence."
Source
DOJ-OGR-00004851.jpg
Quote #1
"Cosby’s “own words about his use and knowledge of drugs with a depressant effect was relevant to show his intent and motive in giving a depressant to [] Constand.”"
Source
DOJ-OGR-00004851.jpg
Quote #2
"Cosby “either knew [Constand] was unconscious, or recklessly disregarded the risk that she could be.”"
Source
DOJ-OGR-00004851.jpg
Quote #3
"the trial court deemed Cosby to be a “sexually violent predator” pursuant to the then-applicable version of the Sex Offender Registration and Notification Act (“SORNA”)"
Source
DOJ-OGR-00004851.jpg
Quote #4

Full Extracted Text

Complete text extracted from the document (2,227 characters)

Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 39 of 80
the assault as a consensual encounter.” Id. “Furthermore,” the court opined, “Ms.
Constand did not report the assault until approximately one year later, further supporting
the Commonwealth’s need for the evidence.” Id. at 110. With regard to the prejudicial
impact of the evidence, the court suggested that it had sufficiently mitigated any potential
prejudice when it limited the number of witnesses who could testify (at the second trial)
to just five of the nineteen witnesses that the Commonwealth requested. Id. The court
noted that it found all nineteen witness’ testimony to be relevant and admissible, but
limited the number to five so as to mitigate the prejudice to Cosby. The court added that
it gave cautionary instructions on the permissible use of this evidence, designed so as to
limit its prejudicial impact. Id. at 110-11.
Finally, the trial court rejected Cosby’s challenge to the admissibility of the contents
of his deposition testimony to the extent that it concerned his use of Quaaludes in decades
past. The court opined that Cosby’s “own words about his use and knowledge of drugs
with a depressant effect was relevant to show his intent and motive in giving a depressant
to [] Constand.” Id. at 115. Because the evidence demonstrated Cosby’s knowledge of
the effects of drugs such as Quaaludes, the court reasoned, Cosby “either knew
[Constand] was unconscious, or recklessly disregarded the risk that she could be.” Id.
As with the Rule 404(b) witnesses, the court found that any prejudicial effect of this
evidence was mitigated by the court’s cautionary instructions. Id. Accordingly, the court
trial opined that all of the Rule 404(b) evidence was admissible.
At the conclusion of a second jury trial, Cosby was convicted on all three counts of
aggravated indecent assault. Following the denial of a number of post-trial motions, the
trial court deemed Cosby to be a “sexually violent predator” pursuant to the then-
applicable version of the Sex Offender Registration and Notification Act (“SORNA”), 42
Pa.C.S. §§ 9799.10-9799.41. The trial court then sentenced Cosby to three to ten years
[J-100-2020] - 38
DOJ-OGR-00004851

Discussion 0

Sign in to join the discussion

No comments yet

Be the first to share your thoughts on this epstein document