In a 13-page brief submitted to the Montgomery County, Pennsylvania, court on Thursday, Oct. 27, 2016, defense attorneys Brian McMonagle and Angela Agrusa argue Bill Cosby can’t adequately defend himself against sexual assault charges because he’s “legally blind” and they question, “How can a 79-year-old blind man defend himself against a claim that he sexually assaulted someone he supposedly met once, half a century ago?”
“The answer is simple: He cannot, and the Commonwealth knows he cannot,” the lawyers wrote.
“Without his eyesight, Mr. Cosby cannot even determine whether he has ever even seen some of his accusers, let alone develop defenses and gather exculpatory evidence. Moreover, Mr. Cosby’s memory has substantially declined in the last decade.”
The comedian has been registered with the Massachusetts Commission for the Blind and a copy of this report will be introduced at a Nov. 1, 2016, hearing on the case.
Last December, Cosby was charged with three counts of aggravated indecent assault for allegedly drugging and sexually assaulting former Temple University employee Andrea Constand, 43, during an encounter at his home in January 2004. Constand’s prior civil case against Cosby ended in a financial settlement.
Cosby has pleaded not guilty to the criminal charges and has denied claims from more than 50 women.
Cosby’s attorneys argue that his due process rights were violated by the lengthy delay in arresting him so the case should be dismissed.
In a sworn deposition, Cosby admitted to Constand’s lawyer that he had obtained quaaludes via prescription and then gave it to women.
He also acknowledged paying off a number of women with whom he had affairs and used money from a private bank account so his wife, Camille, wouldn’t find out.
A pre-trial hearing is set for Tuesday, Nov. 1 where prosecutors will seek to introduce Cosby’s sworn deposition as evidence in spring 2017.
