Larry Cunningham on Criminal Case Against Bill Cosby
Judge rules damaging Cosby testimony can be used against him at trial
By Andrea Mandell and Maria Puente
A Pennsylvania judge has ruled that damaging testimony Bill Cosby gave in an accuser's lawsuit can be used at his criminal sex assault trial.
The judge's ruling provides another big win for the prosecution, which has repeatedly won on several pre-trial issues raised by Cosby. In this issue, prosecutors seek to use Cosby's own words in the damaging deposition he gave for Constand's civil lawsuit.
"It’s a pretty damaging blow for the defense and a pretty big win for the prosecution, because the deposition was given under oath so it has lot of weight to it," says Larry Cunningham, vice dean & professor at St. John's University School of Law. "It’s going to be very, very damaging for him at his criminal trial."
Cunningham says the judge's decision gets the prosecution "much" closer to a conviction. "Now the defense really has to come up with an argument or explanation to the jury explaining some of (Cosby's) admissions in the deposition itself," he says.