Bill Cosby ‘forcefully penetrated’ Andrea Constand and fondled her breasts after giving her three small blue pills that rendered her unconscious and incapable of fighting him off, the comedian’s sexual assault accuser testified on Friday.
Testifying on the fifth day of Cosby’s retrial Constand, 45, described being ‘jolted awake’ to the sensation of something in her vagina and an awareness of Cosby’s fingers going in and out of her ‘forcefully’.
Earlier she said Cosby had given her three small blue pills that he said would help her relax.
Cosby stands accused of three charges of aggravated sexual assault against Constand at his retrial at Montgomery County Courthouse in Norristown, Pennsylvania.
Each count carries a penalty of ten years of imprisonment, and if convicted of all, or any, he looks set to spend the rest of his life in jail.
Andrea Constand, center, walks into a courtroom for Bill Cosby’s sexual assault trial at the Montgomery County Courthouse in Norristown, Pennsylvania, on Friday
Cosby arrives for the fifth day of his sexual assault trial, where he’s sat through testimony from several of his accusers
The defense has tried to paint Constand as a money-grubbing opportunist but as she took the stand when asked by prosecuting counsel why she was here today Constand said, ‘For justice’.
Dressed in a cream blazer, orange top and blue pants, Constand’s hair was shorter and notably greyer than it was during the trial last June.
Back then she strode confidently into the court smiling – she had appeared excited.
But this time she cut a more sober figure and her reaction to Cosby’s presence was more pronounced. She appeared visibly shaken at the sight of Cosby, who sat impassive across the room.
The woman whose allegations could see Bill Cosby spend the rest of his life in jail has told the court today that she never wanted to bring the case in the first place.
‘There is no upside’ for her in this case, she said.
Asked by special prosecutor Kristen Feden how she felt when, in 2015 she and officers from the county asked for Constand’s cooperation in bringing the case she admitted she had not wanted to give it.
She said, ‘This was a matter that was tugging at my heart because I had moved on and I had healed an old wound and now I could slowly feel this wound opening up again.’
She admitted that she had felt ‘relieved’ when, in 2006, the civil lawsuit she had brought against the disgraced actor was settled with a $3.4 million pay out.
She had thought the process over.
Cosby’s defense has sought to cast Constand as a money-grubbing opportunist who duped a lonely old man in a bid to extort him.
But Constand claimed that the only reason she brought the civil suit was because she was ‘seeking justice’ – justice that she felt had been denied when the county declined to prosecute the case on 17 February 2005.
Tom Mesereau’s cross-examination focused in on every inconsistency in Constand’s account of both the nature of her relationship with Cosby, the date of the alleged assault and her statements as to how much she communicated with him after the alleged assault.
Mesereau asked Constand why she had told police in Canada that she had been assaulted in January 2004 then, two days later in a statement to Cheltenham Township officers she gave the date as March 6, 2004.
Constand claimed that she had confused the night of the Chinese restaurant dinner- after which she earlier testified she went home with Cosby to confront him over her assault – with the night of the assault itself.
‘But didn’t you tell the jury you were on an empty stomach the night of the assault? Mesereau asked. ‘So why did you get that confused?’
She said, ‘I was nervous. I was trying to piece it together. It was just confusion.’
Mesereau asked Constand if she had told Canadian officers that she had never been alone with Cosby before the assault and described herself as having been ‘sexually assaulted by the character Cliff Huxtable from the long running Cosby show.’ She said she did not recall that.
He asked if she’d told them she had never been alone with Cosby before the night of the assault. Then pointed out that two days later she told Cheltenham officers she had been to his house ‘three or four times but the visits were always business related.’
Mesereau is know for his brutal and forensic cross examinations and as he rattled through inconsistencies between her different law enforcement statements Constand became increasingly muddled and contradictory.
She stumbled over answers and dates and with each inconsistency aired her demeanor became notably more defeated.
At one point she denied having had a dinner at a Chinese restaurant at all after the night of the assault.
Mesereau asked Constand why she and her mother had recorded a conversation with Marion Gordon who was present at that dinner in an apparent bid to ascertain the date of the assault.
‘Again you told the jury you had an empty stomach on the night of the assault so why would you think recording Mrs Gordon would help because you had a big dinner in a Chinese restaurant?’
‘I was just confused,’ she replied. ‘I was very nervous.’
Mesereau persistently questioned Constand’s assertion that she had no sense that Cosby was attracted to her sexually despite her accounts of him touching her thigh and attempting to unzip and unbutton her pants.
And he questioned her assertion that it never occurred to her that his interest might be in her when he invited her to Foxwoods casino.
Repeating her account of going to Cosby’s room after dinner with Thomas Cantone Mesereau said, ‘you lay on his bed.’
‘No sir I never said that,’ she said. ‘I thought he had pastries he wanted to share.’
Earlier Constant told the court she had sat on the end of the bed. Now Mesereau read back her answer to the question, ‘Did you lay on a bed with him in a hotel room?’ when deposed under oath in December 2005 for her civil suit. ‘And you answered, ‘Yes,’ ‘he read.

Constand claims that Cosby drugged and molested her in 2004 at his home in suburban Philadelphia
Mesereau raised the fact that that Constand had given Cosby gifts and he in return had given her cashmere sweaters and perfume.
Asked if she ever wore such sweaters for him on purpose she said, ‘No.’
Only for Mesereau to read back her statement under oath in her civil deposition in which she claimed to have been wearing a grey cashmere sweater he had given her on the night of the alleged assault.
He also read back two entirely conflicting answers she had given to the question, ‘Did you ever have any physical contact with Mr Cosby of an intimate nature prior to the assault?’
Asked this by police she had answered, ‘No.’ Asked in her 2005 deposition she said, ‘Yes.’
Mesereau continued to pick apart Constand’s timeline and character suggesting that she had been schooled in sexual harassment and conflict of interest as part of her induction at Temple and would have been clearly advised against forming any personal relationship with a Temple trustee such as Cosby.
She claimed she could not remember either though he produced documents that she has signed on the training’s completion.
He challenged her ability to hold down a job and her assertion that she had been happy in her position at Temple.
Mesereau referenced emails he said had been sent by Constand during her time at Temple in which she was soliciting work from other universities.
She denied that she was anything other than proud of her position at Temple.
But Mesereau suggested she had complained about earning too little and asked if she was allowed to get a job at a local grocery store while working at Temple.
She claimed not to remember.
Nor did she recall her alleged involvement in a pyramid scheme during her days at Temple though Mesereau quoted from an email sent by Constand and signed ‘Regards Andrea’ in which she appears to solicit money from people on behalf of a company called Ten and Ten Biz.
He read, ‘Now is the time to give $65 you have nothing to lose we have a strong team and people are making money. Even though this is a pyramid in essence nobody is at the top.’

Cosby stands accused on three counts of aggravated sexual assault against Andrea Constand (pictured), 45, in January 2004
Constand said they were not her words but those of her friend, Sherry, and that she had simply ‘cut and pasted’ them and sent them on.
She denied being ‘involved’ in the scheme beyond that.
After almost three hours of cross examination during which Constand appeared increasingly tired and often confused O’Neill adjourned the court for the day.
She will continue her testimony on Monday.
Earlier in the day, asked to identify the defendant, Constand turned and started to raise her arm to point across the courtroom before changing her mind and instead simply fixing him with a steady stare.
She swallowed before stating what he was wearing as requested by Kristen Feden. Her voice was steady but tight as she noted his ‘brown tie and blue coat’.
Speaking in a clear calm voice Constand explained that on the night in question she was visiting Cosby’s house because she regarded as a ‘friend and mentor’ and was anxious at the prospect of resigning from her role as Director of Operations of Women’s Basketball at Temple University.
He offered her the pills with the words, ‘These are your friends they’ll help take the edge off’.
‘I said ‘Do I put them under my tongue or swallow them?’,’ Constand recalled. ‘He said ‘Put em down they’ll help you relax they’ll help take the edge off’.’
She said she drank water and sipped an already poured glass of white wine that he urged her ‘just to taste’ before she began to feel woozy and see double.
She said her legs felt rubbery so, ‘He walked me over to the sofa and he lay me on the sofa on my left side and put a pillow under my head and said, ‘Just relax there’.’
Her testimony continued: ‘I was very scared. I didn’t know what was happening with my body why I was feeling that way. I knew something was wrong and I started to panic a little bit.’
Constand passed out, she said, but was, ‘kind of jolted awake’.

Constand’s appearance is her second chance to confront Cosby in court, since his first trial ended without a verdict

Dozens of women have accused Cosby of molestation going back decades. All but Constand’s case were too old to be prosecuted, and Cosby’s first trial ended in a mistrial last June due to a deadlocked jury
She said: ‘I felt Mr Cosby behind me and something inside me and my vagina was being penetrated quite forcefully.
‘I felt my breasts being touched and he took my hand and placed my hand on his penis and masturbated himself with my hand and I was not able to move or fight back. I felt his fingers going in and out again very forcefully.’
With only a flicker of emotion indicating she carried on: ‘I wanted it to stop. I couldn’t say anything I was trying to get my hands to move my limbs. I could not fight him off.’
Confused and frightened, Constand said she was in ‘shock’ and ‘humiliated’.
Her next memory is of waking once more, this time around four or five in the morning to find her bra around her neck and her pants half unzipped.
She got herself together she said and made to leave, but Cosby was standing between her and the door in his robe offered her a muffin and some tea, Constand said.
She recalled: ‘I had sip of the tea and wrapped the muffin in a handkerchief. He said ‘All right” and I left.’
A couple of months later, in March, Cosby invited Constand to join him at a dinner at a Chinese restaurant in Philadelphia.
Constand said that she accepted because she wanted to ask Cosby what he had given her and why he had done what he did.
But when she got to the restaurant there was a large group so she waited till the evening’s end to approach Cosby.
She said, ‘I said, ‘I’d like to talk to you’. And he said, ‘Well just come up to the house and we’ll talk there’. And I did and we talked very briefly.
‘I wanted to get some information that he was not volunteering. (I asked him) ‘What did you give me? And why did you do this to me?”
She said that Cosby was ‘very evasive’ and said to her, ‘I thought you had an orgasm’. Constand responded: ‘I did not.’
But when Cosby would not answer her questions, Constand said, she ‘lost her courage’ and left.
Constand had told how her relationship with Cosby developed after she was introduced to him in the fall of 2002.

Cosby has denied the charge, saying any sexual contact was consensual. His lawyers have portrayed Constand as a gold-digging con artist

Constand says Cosby drugged and molested her at his suburban Philadelphia mansion in January 2004. Cosby says the encounter was consensual, but paid $3.4 million in 2006 to settle a civil lawsuit

As he has every day of his trial thus far, Cosby grasped spokesman Andrew Wyatt’s arm as they walked into the courthouse on Friday


Cosby’s spokesman Andrew Wyatt told reporters Friday that they’re confident he’ll be found not guilt. Cosby has denied the charges against him
Cosby is trustee of Temple University where she was employed at the time and had asked to see the newly renovated locker rooms for the women’s basketball team.
She told how that introduction had led to telephone calls to her office that became increasingly personal in content.
She told how he had invited her to join him for dinner at his home in Elkins Park more than once.
On both occasions she recalled a strange sort of social encounter during which she ate her dinner alone in the back room and enjoyed a glass of wine with Cosby only joining her when she had finished her meal.
On both occasions she recalled his chef being present. On the first visit she remembered Cosby joining her on the sofa after dinner.
She said that what stood out in her mind on that occasion was that it was the first time he had touched her – just briefly on her thigh – but that it never occurred to her that it was sexual and she didn’t feel threatened.
On the second occasion he offered her brandy after dinner, which she accepted and sipped as he sat beside her, ‘face to face’ as she recalled.
She said that he reached out and she ‘felt his fingers trying to undo the top of my zipper’ and unbutton her pants.
She said that she leaned forward and he pulled his hand back. She thought he had ‘got the picture’ that she was not interested in him romantically.
Lawyers drew out Constand’s account of the continued relationship with Cosby and her belief that the comedian was interested in helping her explore options in sports broadcasting that might help her utilize her degree in communications.
She said that she toyed with trying to forge a career in the field but ultimately chose not to.
But that during what she thought was Cosby’s mentorship she had accepted invitation to join him for a dinner in New York City as well as see him perform at a blues club there.

Cosby, center, arrives for his sexual assault trial at the Montgomery County Courthouse on Friday

Montgomery County Judge Steven O’Neill, right, whistles while walking to courtroom A to hear the Bill Cosby sexual assault trial at the Montgomery County Courthouse

Tom Mesereau, lawyer for actor and comedian Bill Cosby, arrives for Cosby’s sexual assault retrial case at the Montgomery County Courthouse
Constand told the court that in November 2003, Cosby invited her to Foxwoods Casino in Connecticut. She said that she had ‘a very small social life’ and told of how Cosby seemed set on getting her to ‘let down her hair’.
So Constand made the three-hour drive and dined with Cosby and casino managers Thomas Cantone.
After dinner she said, Cantone walked her to her room. She said Cosby then called and asked her to come to his as he had some ‘baked goods’ that he wanted to share.
Cosby answered his door and, she recalled, went through to a second room and appeared to be unpacking a cart.
She said: ‘I thought maybe the baked goods were in there. I was sitting on the edge of the bed he was doing his thing and all of a sudden he just came over onto the bed and kind of plopped himself down lay down and I moved form the corner to the end of the bed.
‘I thought something was wrong. It was late,’ Constand recalled. ‘He just lay there with his eyes closed [and] I said, ‘I guess I should be going now’. I sat for about ten minutes and watched him sleep and then I went back to my room.’
She said that the next time she was alone with Cosby was the night of the alleged assault.
Constand moved back to her native Canada in the aftermath of the alleged assault. She told nobody about it and even attended a Cosby show when the comedian came to Toronto.
She recalled that her parents were excited to see him and that her mother brought Cosby a gift – a ROOTS T-Shirt.
‘I didn’t feel happy inside,’ she recalled.
But it wasn’t until January 2005 that Constand finally told her mother what Cosby had allegedly done to her.
By then training to be a massage therapist, she woke up crying one morning after having a terrible nightmare.
She said: ‘I called my mother and I told her just what had happened to me in 15 words or less. I told her that Mr Cosby had given me three blue pills and sexually violated me without my consent.’
Later that day, Constand and her mother reported the alleged assault to police.

: Bill Cosby accuser model Janice Dickinson, 63, walks through the Montgomery County Courthouse in a break from testifying on the fourth day of the sexual assault retrial in Norristown, Pennsylvania

Dickinson waited in the courthouse halls to be called to give testimony in Cosby’s trial on Thursday
Constand recalled being ‘scared’ at the prospect of Cosby’s power and afraid that he might retaliate in some way.
She said, ‘My life was changed from the day I reported this to the police my life was never the same.’
Constand also told the court about a telephone call made by her mother on her insistence that she wanted to speak to Cosby.
She said: ‘I had one phone and my mother had the other. I told him, ‘Mr Cosby you gave me three blue pills I wasn’t able to see you, I had blurry vision I slurred my words’.
”I didn’t feel well, you took me over to the couch and you put your fingers in my vagina and touched my breasts and took my hand and put it on your penis.”
Constand claimed that, after a very short time, Cosby ‘admitted everything’. And said, ‘I’m sorry to you Andrea and I’m sorry to you Mom.’
But he still refused to tell the women what he had given Constand.
Constand recalled: ‘He said, ‘I don’t know. I have to go check the prescription bottle. I’ll write it down on a paper and give me your address and I’ll mail it to you’.’
He never did.
After Constand had reported the alleged assault to police she was contacted by two different men – Pete Weiderlight and attorney Marty Singer.
Audio recordings of the messages left by each were played in court. Weiderlight, calling from Cosby’s agency William Morris, was calling to make travel arrangements to fly Constand and her mother to see a show in Florida.
Singer said he looked after Cosby’s educational funds and trust and that he wanted to speak with them about Cosby’s desire to establish a fund for Constand’s education.
Constand said she had not expected either call and did not take up either offer.
Earlier Constand had denied knowing Marguerite Margo Jackson – a woman who claims to be her friend and whom the defense have asked to call as a witness.
Judge Steven T O’Neill had ruled that she could be admitted but reserved the right to make a final judgment as the trial progresses.

Cosby accuser Lise-Lotte Lublin walks through the Montgomery County Courthouse during a break from testifying on the fourth day of the sexual assault retrial

Cosby accuser Janice Baker-Kinney walks towards the courtroom to testify in the Montgomery County Courthouse for the fourth day of the sexual assault retrial on Thursday
If called, Jackson will testify that Constand told her that she had been sexually assaulted by a famous person only to retract that statement but say that, even though she hadn’t, she could claim such an assault and bring a lucrative lawsuit.
She has claimed that when she heard Constand’s allegations her reaction was, ‘Andrea’s done it’.
Constand’s testimony marks the climax to a week in which the jury has heard five other accusers’ stories of being drugged and sexually assaulted by Cosby.
But this time round the jury knows what the previous panel did not, that Constand, 45, took a $3.4 million settlement in 2006 in the civil suit she brought against Cosby.
In his opening statement Tom Mesereau painted Constand as a money-grubbing ‘con artist,’ a failure who stiff room-mates on credit card, telephone and utility bills, ran a Ponzi scheme at Temple University and finally ‘hit the jackpot’ by setting up Cosby.
He described her as ‘sophisticated’ in what she did and told the jury they would hear from Marguerite Margo Jackson a friend and colleague with whom Constand roomed on six basketball away games.
According to Mesereau, Constand had a cynical plan to dupe a lonely old man who had never recovered from the death of his son Ennis, shot dead in a Los Angeles carjacking in 1997.
‘And she pulled it off,’ he said.
But jurors have also heard the stories of five other accusers – where last time they heard only one – as the prosecution is at pains to prove that Cosby is a ‘serial rapist’, with a pattern of offending that stretches over decades.
More than 60 women have come forward to accuse him of similar assaults.
Yesterday Janice Dickinson, 63, told how in 1982 Cosby raped her on a trip to Lake Tahoe.
After taking a small blue pill, which he told her would help menstruation cramps; she said that she ‘zonked’ out as Cosby entered her. She spoke of her loathing of the man she referred to as ‘America’s dad’, and she claimed raped her.
Her testimony followed that of Janice Baker-Kinney, 60, who admitted to willingly taking two pills at a ‘pizza party’ in 1982 at the home in which Cosby was staying when headlining at Harrah’s casino in Reno.

In the midst of testifying in Bill Cosby’s sexual assault retrial, Chelan Lasha (pictured April 11) turned to address the comedian directly with an emotionally charged comment

Heidi Thomas arrives to testify against actor and comedian Bill Cosby during the retrial of Cosby’s sexual assault case on Wednesday

Bill Cosby walks towards the courtroom after a break beside accusers (L-R) Lili Bernard and Caroline Heldman in the Montgomery County Courthouse on the fourth day of his sexual assault retrial
Baker-Kinney was a 24-year-old bartender in the casino at the time and assumed were Quaaludes only to pass out and awake naked in bed next to Cosby with a ‘sticky wetness’ between her legs.
Maud Lise Lotte Lublin, 52, related her experience in 1989 as a 23-year-old model given two shots by Cosby that rendered her woozy and dizzy.
Her last memory before passing out was of bedroom doors in his suite in the Las Vegas Hilton. She remembered him stroking her hair as she sat between his legs on the sofa but admitted she had no memory of being sexually assaulted.
Heidi Thomas, 60, spoke of what the defense referred to as a ‘four-day odyssey’ at a ranch house in Reno in 1984 when she was just 24 and of which she has only horrific ‘snapshots’ of memory – including waking to find Cosby on top of her forcing himself into her mouth.
She lost consciousness after taking just one sip of a glass of white wine he offered her as a ‘prop’ to help her relax into a cold reading of a script he gave her.
And Chelan Lash, 49, barely made it through her emotional testimony as she told of how, when she was a 17-year-old aspiring model, Cosby invited her to his suite in the Las Vegas Hilton, gave her a small blue pill to help with her cold and assaulted her when it rendered her unable to stand or move.
She recalled him pinching her breasts, grunting and humping her leg and then feeling something warm on her leg before she blacked out.
All of the women claim to have been told that Cosby was interested in mentoring them and helping further their careers in modeling and acting respectively.
But the defense has sought to paint all these women as publicity hungry opportunists who have jumped on the bandwagon – egged on by women’s rights lawyer Gloria Allred and her daughter Lisa Bloom – in hopes of ‘extorting’ Cosby to the tune of $100 million.
That is the size of the fund Allred has called for Cosby to establish to compensate his victims.
Set against the backdrop of the #MeToo movement that has blown up since the last trial the defense had sought to argue that there was no way Cosby’s prosecution could be fair and impartial – a suggestion prosecutor Steele dismissed as ‘ridiculous.’
A heightened awareness of sexual assault could not, he pointed out, be reasonable used to give some sort of ‘free pass’ for Cosby’s alleged crimes.