A FULL AND DETAILED ACCOUNT OF COSBY, AND THE ULTIMATE TRIAL
Journalist Nicole Weisensee Egan wrote in the ‘Note from the Author’ of this 2019 book, “I first began covering this story on January 20, 2005, when news of Andrea Constand’s drugging and sexual assault allegations against Bill Cosby first broke in Philadelphia. After Andrea settled her civil lawsuit with Bill Cosby in November 2006, thought the story was over… and the criminal case against him had been closed long ago. Yet for some reason I couldn’t throw away my voluminous Cosby files… When the case resurfaced in late 2014 and the number of new accusers kept climbing, I …lugged all of those files back up to my home office… Those notes and emails were so helpful when it same to recreating what happened in 2005, when I was the lone reporter investigating the allegations against Cosby.”
She adds in the Introduction, “I was still a believer in the Bill Cosby/Cliff Huxtable myth in 2005, when … I first heard that a woman had accused Cosby of drugging and sexually assaulting her. Along with the rest of America, I was shocked…. But then my boss assigned me the story, and I began reporting… With every conversation, every interview, every new source, the validity of the charges came to light… Crimes had been committed, and it didn’t matter that the perpetrator was one of America’s most beloved cultural icons. The truth had to be revealed. So I wrote about the case…” (Pg. xi)
She continues, “I have wrestled with so many questions about Bill Cosby, and I still do… How could someone who’s done so much good in this world do so much evil at the same time? As a journalist, I wanted … facts and answers… And as a woman in America, I also have questions about the culture we live in. Why is there a visceral distrust of sexual assault claims… unlike any other violent crime? I explore all these questions in [this book] and offer my reflections as well as how fear, bullying, and intimidation helped silence these women… The Cosby story is a lens through which we can look inward at our own beliefs and prejudices and how it influences who we choose to believe and why, who we choose to idolize and why.” (Pg. xiv-xv)
She explains, “my newspaper was known as the ‘people paper,’ and … As a tabloid, we were used to being called ‘sensationalistic.’ But I knew we were ethical, and I liked that we were gutsy… In the end, it came down to this: if the big-establishment papers weren’t going to give sexual assault victims a voice against a powerful person, we would. And then we’d let the nighttime talk shows continue the conversation, spreading the story over the airwaves to cities across the country. Except then the TV show started retreating too. Cosby’s people were pressuring the bookers to stay away from the story and to keep me off their shows… Here’s how it works. A negative story about a powerful person is about to be released. The powerful person offers the media organization something enticing, like an exclusive interview… but only if they drop the negative story. I’d never heard of such tactics before I covered this case. It was disillusioning to say the least.” (Pg. 42-43)
About why Andrea Constand didn’t come forward earlier, Constand’s attorney said, “There are many reasons why women who are put in this situation do not come forward immediately… They feel they can no longer trust anyone. They feel shame. They feel fear, and this case was certainly compounded by the fact that the person who was accused by Bill Cosby, an icon in this area and certainly an icon at Temple where she worked.” (Pg. 71)
She notes, “a national Father’s Day poll revealed that Cosby’s Cliff Huxtable was TV’s ‘Number 1 Dad’ and the television father that adults would most like to have had while they were growing up… I should have been surprised the drugging and sexual assault scandal hadn’t left a mark… He’d spent decades nurturing that perception of him... But we now know that fourteen women total said he’d done unspeakable things to them…. How could all of these women be lying? More importantly, why would they lie? They had nothing to gain. It was discouraging. Could nothing affect his Teflon image?” (Pg. 72-73)
She reports, “On November 8, 2006, Andrea settled with Cosby for an undisclosed amount of money, and the suits were dismissed. Andrea made peace with the decision: already traumatized by having to relive the horrifying details of her assault in front of Cosby at her deposition while he made jokes and his attorney disparaged and sneered at her, this spared her from having to endure it all over again and in public.” (Pg. 81)
But in 2014, a standup comedian named Hannibal Buress called Cosby a rapist in his routine; and suddenly, the mass media took notice. A writer noted, “Without intending to, Buress became a perfect example of the conundrum of male allyship: it wasn’t enough 13 different women accused Cosby of drugging, raping and violently assaulting them. It was only after a famous man, Buress, called him out that the possibility of Cosby becoming a television pariah became real.” (Pg. 91-92) Yet “Cosby had not been taken down. Yes, his TV shows had been canceled or taken off the air, as had future comedy shows in casinos… [But] Cosby headlined a sold-out performance … and got not one but two standing ovations… despite a campaign from local radio hosts offering to pay hecklers $1000.” (Pg. 103)
She points out, “The fear that Cobsy’s guilt would topple a role model in their community … had some African American accusers wrestling with their decision to tell their stories. ‘I didn’t want to take this black icon down,’ African American model Jewel Allison … told me… she confessed, ‘It was hard for me to look other African American people in the eyes. On some level I felt that I had betrayed black America. And some of my African American friends seemed too hurt by the damage to Cosby’s image to offer me any support.” (Pg. 12-121)
She notes, “Cosby fought back against the suits, filing counter-defamation lawsuits against the seven accusers… He may have hoped his aggressive legal strategy would stop more women from coming forward with allegations about him---and it did just that. No new accusers revealed themselves after that. The total was now sixty-three.” (Pg. 146-147) Ultimately, the jury deadlocked. (Pg. 182-184)
But years later, “What I didn’t understand, though, was why Cosby’s accusers hadn’t triggered a movement in the way the #MeToo accusers had. Maybe it was because their story hadn’t been told first in the New York Times… Maybe it was [Gloria] Allred’s call for Cosby to create a $100 million fund for the victims, which made people question their motives for coming forward… Or maybe it was because none of the accusers were famous. [Harvey] Weinstein and some of the others were accused by women who were … celebrities in their own right who soon became celebrated for their brave uprising against institutional sexism and violence… But that was okay… Cosby would be the first powerful man accused of sexual misconduct to be tried in a post-#MeToo world.” (Pg. 196-197)
She states, “It quickly became clear to me… that this was a different trial and was being prosecuted more skillfully than the first. Even their sexual-assault expert was better, her testimony more on point.” (Pg. 207) After one witness, she mused, “It struck me that if a woman ‘seemed fine,’ there was a perception that the rape was no big deal. But not all scars were visible. Meanwhile, not only does society blame victims, but victims blame themselves as well.” (Pg. 208)
She recounts, “Prosecutor Kristen Feden eased Andrea into her testimony… And she asked that question that had never been asked of her publicly before: Why are you here? ‘For justice,’ Andrea replied. It was a powerful moment… Her testimony was far more detailed and graphic than it had been in the first trial, and it was more emotionally gripping too… she became visibly sadder as she talked about … why she went to the police. ‘I didn’t want it to happen to anyone else… I really wanted to know what Mr. Cosby gave me and why he did that to me.’ … [The defense attorney] asked her why she signed off on a provision in which Cosby admitted no guilt for what he did to her. ‘It was a very painstaking process for my family,’ she testified. ‘It tore my family apart, and we just wanted it to be over.’” (Pg. 218-219)
She continues, “The prosecution took its turn next… Cosby seemed to find her amusing, chuckling as she defended the victims. ‘He’s laughing like it’s funny!’ Feden said, outraged. She flew across the room and glared at him. ‘But there’s absolutely nothing funny about drugging a woman. There’s nothing funny about THAT, Mr. Cosby. There’s nothing funny about no permission, and there’s nothing funny about intoxicating an individual so he can get what he’s after.’ It was a powerful moment and one that was clearly unrehearsed. How in the world could you predict Cosby’s laughter?” (Pg. 225)
During deliberations, “The jury sent a note to the judge, requesting a definition of the word [‘consent’]… the judge advised the jury to define the word for themselves. In the end they went without defining it at all. ‘Cosby did not deny performing the act of penetration,’ [one of them] said. ‘Constand said explicitly that she did not consent.’ That was key. In Pennsylvania, in sexual assault cases, believing the victim, finding her credible, is enough to convict.” (Pg. 229) Ultimately, after only fourteen hours of deliberations, “The votes were unanimous on all three offenses.” (Pg. 230)
She notes, “Several days later Camille Cosby… lashed out at the media, at … the entire prosecution team. She compared her husband’s case to that of Emmett Till… ‘I am asking for a criminal investigation of that district attorney and his cohorts. This is a homogeneous group of exploitative and corrupt people whose primary purpose is to advance themselves professionally and economically at the expense of Mr. Cosby’s life. If they can do this to Mr. Cosby, they can do so to anyone.’ I struggled with this message… There’s no doubt the criminal justice system is vicious to black men… for black men serving time for sexual assault, they are three and a half times more likely to be innocent than white defendants… And yet… that wasn’t the case here. There was no mistaking Cosby for someone else… All I knew was that race is an entrenched injustice in our country and that it was a sensibility Camille held onto---tightly.” (Pg. 233-234) Cosby was sentenced to three to ten years in a state prison, bail denied.
She concludes, “Andrea can rest now. And she can go to sleep each night knowing she helped not only all the others who Cosby victimized but also all the sexual assault victims out there who haven’t seen justice. Cases like hers are hard to win. But she proved it can be done.” (Pg. 249)
This book will be “must reading” for those studying Cosby’s case.