This looks bad for Cosby for sure, so you can see why his team would motion to stop it being heard in the court room!
Allegedly a phone conversation was recorded, without Cosby’s knowledge, with the mother of the accuser. In the conversation it’s said Cosby offered money!
Cosby’s team say that because he did not consent to the recording the Jury shouldn’t hear it.
The Huffington Post reported:
An attorney for the comedian on Wednesday filed papers to suppress the January 2005 phone conversation between Cosby, 79, and the accuser’s mother. It’s inadmissible, according to lawyer Brian McMonagle, because Pennsylvania requires both parties to consent to taping a conversation and Cosby was unaware that Andrea Constand’s mother was recording him.
“Mrs. Constand did not inform Mr. Cosby that she was secretly recording their telephone conversation, making it clear that he did not authorize the interception of the communication,” McMonagle wrote in the motion.
Constand’s mother, Gianna Constand, recorded the call from her Toronto-area home and abided by Canadian laws, McMongale acknowledged in the filing.
Judge Steven O’Neill must weigh whether the law of Canada or Pennsylvania applies.
“It’s somewhat of an uphill battle” for Cosby, said Widener University law professor Judith Ritter. “I would be surprised if the court granted this.” That’s because a higher court in Pennsylvania has admitted a recording in another case in which only one person knew about the taping, she said.
Portions of two phone calls between the former sitcom star and Constand’s mother have been described previously in affidavits and other case records.
You can read more here: http://huff.to/2b4UxTz
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