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Cosby jury to decide: Serial rapist or con artist鈥檚 mark

Bill Cosby is at the courthouse Tuesday morning ahead of closing arguments in his sexual assault retrial.
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(Jessica Kourkounis/Pool Photo via AP)

Accompanied for the first time by his wife of more than 50 years, Bill Cosby walked into a courthouse Tuesday morning ahead of closing arguments in his sexual assault retrial.

Camille Cosby had been absent from the courtroom as prosecutors called a series of women to the stand who testified her husband drugged and sexually assaulted them, but she was by his side Tuesday for the trial鈥檚 conclusion.

The jury that will start deliberating Cosby鈥檚 fate has heard the comedian described over the past two weeks both as a 鈥渟erial rapist鈥 and a con artist鈥檚 victim.

They have seen a half-dozen accusers testify that the man once revered as 鈥淎merica鈥檚 Dad鈥 had a sordid secret life that involved preying on women for his own sexual gratification. And they have heard from a witness who says his chief accuser talked about framing a high-profile person to score a big payday.

Now, seven men and five women who have been kept in a suburban Philadelphia hotel, away from family, friends and daily routines, will get to have their say in the first big celebrity trial of the #MeToo era.

鈥淵ou now have all of the evidence,鈥 Judge Steven O鈥橬eill told them after Cosby鈥檚 lawyers rested on Monday without calling the 80-year-old comedian to the stand. 鈥淭ry to relax, so that you鈥檙e on your game tomorrow.鈥

Jurors could be in for a marathon.

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Before going off to deliberate, they will hear both sides rehash the case in lengthy closing arguments, and they will get O鈥橬eill鈥檚 instructions in the law.

Cosby is charged with three counts of aggravated indecent assault 鈥 all stemming from Toronto native Andrea Constand鈥檚 allegations that he knocked her out with three pills he called 鈥測our friends鈥 and molested her at his suburban Philadelphia mansion in January 2004.

Each count carries a sentence of up to 10 years in prison.

Cosby has said he gave Constand 1 1/2 tablets of the over-the-counter cold and allergy medicine Benadryl to help her relax before what he called a consensual sexual encounter.

The jury in Cosby鈥檚 first trial weighed the evidence for more than 52 hours over six days without reaching a verdict.

This time, both sides have given the retrial jury much more to consider.

Prosecutors were able to call five additional accusers who testified that Cosby also drugged and violated them 鈥 including one woman who asked him through her tears, 鈥淵ou remember, don鈥檛 you, Mr. Cosby?鈥

Cosby鈥檚 new defence team, led by Michael Jackson lawyer Tom Mesereau, countered with a far more robust effort at stoking doubts about Constand鈥檚 credibility and raising questions about whether Cosby鈥檚 arrest was even legal.

The defence鈥檚 star witness was a former colleague of Constand who says Constand spoke of levelling false sexual assault accusations against a high-profile person for the purpose of filing a civil suit. Constand got a civil settlement of nearly $3.4 million from Cosby.

Both juries also heard from Cosby himself 鈥 not on the witness stand, but via an explosive deposition he gave in 2005 and 2006 as part of Constand鈥檚 civil suit against him. In it, Cosby acknowledged he gave the sedative quaaludes to women before sex in the 1970s.

Cosby鈥檚 lawyers devoted the last two days of their case to travel records they say prove he could not have been at his suburban Philadelphia home in January 2004. They argue that any encounter there with Constand would have happened earlier, outside the statute of limitations.

Cosby鈥檚 private jet records and travel itineraries produced by Cosby鈥檚 lawyers do not show any flights in or out of the Philadelphia area in January 2004, but they have large gaps 鈥 a total of 17 days that month in which Cosby was not travelling, performing or taping TV appearances.

District Attorney Kevin Steele noted that the records do not account for other ways Cosby could have gotten to Philadelphia.

鈥淵ou can鈥檛 tell us whether he got on a commercial flight,鈥 Steele said, questioning a defence aviation expert. 鈥淵ou can鈥檛 tell us whether he got on a train. You can鈥檛 tell us whether he got in a car and drove to Philadelphia.鈥

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

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Michael R. Sisak, The Associated Press

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Defense witness Roslyn Yarbrough arrives to testify in actor and comedian Bill Cosby鈥檚 his sexual assault retrial at the Montgomery County Courthouse in Norristown, Pa., Monday, April 23, 2018. (Jessica Kourkounis/Pool Photo via AP)




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