NORRISTOWN >> To prevent Bill Cosby from delaying his sexual assault trial and launching “tiresome, meritless tirades on everyone” at additional hearings on his claims that pretrial publicity prevents him from selecting a fair jury, Montgomery County prosecutors will agree to select a jury from another county.
District Attorney Kevin R. Steele on Thursday asked Judge Steven T. O’Neill to grant Cosby’s request for a “change of venire” – the selection of a jury from another county – and order the Pennsylvania Supreme Court to choose the county from which the jury would be selected for Cosby’s June trial. Under that scenario, the jury that is selected would then be brought back to Montgomery County for the trial.
However, while agreeing to select a jury from another county, Steele opposed Cosby’s request for hearings at which he could present a case for the specific venire of his choice.
“The defendant’s request for a venire from a county with a population ‘in excess of 1.2 million people’ is nothing but a poorly concealed attempt to shop for what he seemingly views is a more favorable jury pool,” Steele wrote in court papers, adding only two counties, Allegheny and Philadelphia, would satisfy “his curiously specific demand.” “Because of his complaints about Philadelphia area media attention, he is obviously and specifically requesting a Pittsburgh venire.”
In court papers filed last week, Cosby, through his lawyers Brian J. McMonagle and Angela C. Agrusa, asked the judge to move Cosby’s trial to another county, a change of venue, or to select a jury from another county, a change of venire, because “closer to home” prospective jurors have been subjected to extensive, sustained and pervasive negative coverage about Cosby and a fair jury cannot be selected in Montgomery County.
“While the commonwealth remains confident that we can prove our case to any impartial jury, the defendant is not entitled to a specific venire that he perceives as more favorable,” Steele wrote, pointing out that under state law once a change of venire is granted it is the Pennsylvania Supreme Court that selects the locale.
Steele opposes a more drastic change of venue.
Steele argued holding hearings on the issue “would only fuel defendant’s continued strategy of delay and distraction.”
“It would most likely significantly delay trial; no doubt a benefit to the defendant. It would also give him another opportunity to launch tiresome, meritless tirades on everyone from the victim in this case to the prosecutors and prior victims…,” Steele wrote.
William Henry Cosby Jr., as his name appears on charging documents, faces a June 5 trial in connection with allegations he had inappropriate sexual contact with Andrea Constand, a former Temple University athletic department employee, at his Cheltenham home between mid-January and mid-February 2004. Cosby, 79, is charged with three counts of aggravated indecent assault.
In his request to move his trial to another county, Cosby claimed some of the worldwide negative publicity he received was a result of Steele using him “as a political pawn” in his campaign for district attorney last year. McMonagle argued Steele aired a campaign ad attacking former district attorney and opponent Bruce L. Castor Jr. for not pressing charges when the Cosby investigation was before him in 2005.
Steele responded that Cosby’s concerns about a campaign ad and local publicity may be satisfied by a judge’s decision to select the jury from another county.
“To the extent he complains about the worldwide attention this case has gotten, that is just another red herring. He’s not entitled to a jury that is ignorant of the facts surrounding his case. If that were the law, the rich and famous would be immune to prosecution for their crimes. While that may be appealing to the defendant, it would not be beneficial to the rest of society,” said Steele. “The publicity that necessarily follows the rich and famous cannot insulate them from prosecution.”
Steele cited case law that found jurors are not required to be totally ignorant of the facts because due to modern methods of communication, it would be otherwise impossible to impanel a jury.
Steele said his agreeing to a change of venire is offered in order to streamline the case as he is working to bring Cosby to trial as soon as possible.
The charges were lodged against Cosby on Dec. 30, 2015, before the 12-year statute of limitations to file charges expired.
The newspaper does not normally identify victims of sex crimes without their consent but is using Constand’s name because she has identified herself publicly.
Cosby currently remains free on 10 percent of $1 million bail. If convicted of the charges at trial, the former sitcom star faces a possible maximum sentence of 15 to 30 years in prison.
