IN THE COURT OF COMMON PLEAS
IN AND FOR THE COUNTY OF MONTGOMERY, PENNSYLVANIA CRIMINAL DIVISION
- - -
COMMONWEALTH OF PENNSYLVANIA:
vs. NO. 3932-16
WILLIAM H. COSBY, JR.
SVP HEARING/SENTENCING HEARING
Courtroom A Monday, September 24, 2018 Commencing at 9:15 a.m.
Virginia M. Womelsdorf, RPR Official Court Reporter Montgomery County Courthouse Norristown, Pennsylvania
BEFORE: THE HONORABLE STEVEN T. O'NEILL, JUDGE COUNSEL APPEARED AS FOLLOWS:
KEVIN R. STEELE, ESQUIRE District Attorney M. STEWART RYAN, ESQUIRE KRISTEN GIBBONS-FEDEN, ESQUIRE TRACY S. PIATKOWSKI, ESQUIRE Assistant District Attorneys for the Commonwealth
JOSEPH P. GREEN, JR., ESQUIRE ELIZABETH A. REDMOND, ESQUIRE PETER GOLDBERGER, ESQUIRE for the Defendant INDEX
COMMONWEALTH'S EVIDENCE
Witness VDire Direct Cross Redir Recr
KRISTEN F. DUDLEY 33 40 69 92 95 ANDREA CONSTAND 132 GIANNA CONSTAND 133 ANDREW CONSTAND 141 DIANA PARSONS 144
EXHIBITS COMMONWEALTH'S
Number Description Marked Rec'd
C-SVP-1 Curriculum Vitae of Kristen F. 35 36 Dudley, Psy.D
C-SVP-2 Sexually Violent Predator 41 69 Assessment of William Henry Cosby, Jr.
- -
Sentencing -1 Commonwealth Sentencing 124 128 Memorandum
Sentencing -2 Victim Impact Statement 128 128 Andrea Constand
Sentencing -3 Victim Impact Statement - 128 128 Andrew Constand
Sentencing -4 Victim Impact Statement - 128 128 Gianna Constand
Sentencing -5 Victim Impact Statement - 128 128 Diana Parsons EXHIBITS
DEFENDANT'S
Number Description Marked Rec'd
D-SVP-1 Report of Timothy P. Foley, 76 Ph.D. dated 9-11-18
- - - 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 5
2 (The following proceedings were
3 commenced with the Court, Mr. Steele,
4 Mr. Ryan, Ms. Feden, Ms. Piatkowski, Mr.
5 Green, Ms. Redmond, Mr. Goldberger, and
6 the defendant being present:)
7 - - -
8 THE COURT: This is the sentencing in
9 the case of the Commonwealth versus William H. Cosby,
10 Jr., at 3932 of '16. Mr. Cosby was convicted on
11 April 26th of 2018 of Counts 1, 2 and 3 of the Bills of
12 Information at that number, aggravated indecent
13 assault.
14 This Court ordered a Sexually Violent
15 Predator Assessment, and at this stage before this
16 Court can proceed with any sentencing, I need to act
17 upon that assessment and subsequent precipe that was
18 filed.
19 So in terms of the procedural
20 background, Sexually Violent Predator Assessment was
21 ordered on 4-26 of '18. It is my understanding that
22 the report of the Sexual Offender Assessment Board was
23 transmitted to the District Attorney's Office on
24 July 13th of 2018. Pursuant to the statute, a copy is
25 not sent to the judge and the Court has never seen a 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 6
2 copy of it, nor does it know its contents.
3 Based upon whatever the contents are,
4 the Commonwealth filed a precipe for an SVP Hearing on
5 July 24th of 2018.
6 A defense Motion for Production of
7 Certain Information Collected, Considered, or Relied
8 Upon by the Sexual Offender Assessment Board was filed
9 on August 2nd of 2018.
10 The defendant's Motion for Declaration
11 of Unconstitutionality was filed on July 25th of 2018.
12 The Commonwealth responded to that motion on August 1st
13 of 2018.
14 The defendant filed a subsequent
15 Memorandum of Law in support of its motion on
16 August 9th of 2018, and we are here today on the
17 argument of that motion.
18 It's your motion, Mr. Green. You may
19 commence argument.
20 MR. GREEN: Good morning, Your Honor.
21 The defense contends that the most recent amendments to
22 SORNA under whatever name we apply are
23 unconstitutional. It can't be constitutionally applied
24 to Mr. Cosby because they purport to impose punishment
411 25 retroactively without prior notice and a trial. 7 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 The elements of that punishment are to
3 be proved not by proof beyond a reasonable doubt, but
4 by clear and convincing evidence according to the
5 statute. And they are to be proved to the satisfaction
6 of the sentencing judge, much like the mandatory
7 minimum sentences that have all been declared
8 unconstitutional.
9 For the reasons set forth in Muniz, it
10 seems clear that the SVP statute is unconstitutional.
11 The amendments don't change those defects. And so the
12 request to have Mr. Cosby declared subject to the SVP
13 sanctions may not proceed. 411 14 The state of the law is going to be
15 determined by the Supreme Court of Pennsylvania. There
16 are a couple of cases there from Montgomery County, and
17 other counties as well, which came to my attention last
18 week. Judge Sarcione has filed that opinion now out of
19 Chester County on one of those cases that runs 60 -some
20 pages. I haven't bothered Your Honor with that. I
21 know there's a lot of other stuff on your plate..
22 THE COURT: I've read it.
23 MR. GREEN: But the clear direction of
24 the Courts of Common Pleas that have considered these
410 25 questions, starting with Judge Carpenter and through 8 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 the other cases that have been decided, is for a
3 finding that the statute is unconstitutional.
4 We ask Your Honor to accept the
5 reasoning in those statutes to include that the most
6 recent amendment is going to change the constitutional
7 defects. And I've relied on the memorandum of the
8 authorities cited therein.
9 I'd be happy to answer any questions you
10 have, but that's the essence of our argument.
11 THE COURT: I've read it. I've read
12 your memorandum. I've read a number of the cases
13 cited.
14 Commonwealth?
15 MS. PIATKOWSKI: Your Honor, good
16 morning. Tracy Piatkowski on behalf of the people of
17 Commonwealth.
18 Your Honor, we're here today because the
19 defendant seeks to escape the registration and
20 notification requirements. His crime essentially is
21 ultimately conduct. Specifically, he seeks to escape
22 those applicable to sexually violent predators. He'
23 made several specific claims in his memorandum which I
24 will address in turn later in the argument. Those
41, 25 claims all hinge on one specific legal issue, and that 9 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 legal issue is whether Pennsylvania's current sex
3 offender registration law, Act 29, is, in fact,
4 punitive.
5 The more specific question before this
6 Court is whether the law is so punitive in effect that
7 it negates the legislature's intent that the law be
8 considered not punitive. Instead, the legislature
9 intends that that law be a civil remedial matter aimed
10 at protecting the community from dangerous sexual
11 offenders who are likely to re -offend.
12 Because the defendant is the person
13 challenging the constitutionality of the law, he is 40 14 required to show by the clearest proof that the
15 statutory scheme, in this case Act 29, clearly claiming
16 it palpably violates the Constitution. Any doubts
17 about that have to be resolved in favor the statute's
18 constitutionality.
19 To be clear, it is not the
20 Commonwealth's burden to prove that the statute is
21 nonpunitive. In fact, it is defendant's burden to do
22 so. And the statute is presumed to be constitutional.
23 Sex offender registration laws generally
24 and in Pennsylvania have a lengthy and complex history,
III 25 as I know this Court is well aware. They were first 10 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 enacted throughout the country in the 1990s, including
3 in Pennsylvania, to respond to the immense public
4 safety threat posed by sexual offenders who, unlike
5 non -sexual offenders, are likely to re -offend at a
6 higher rate.
7 The legislature thought that keeping
8 track of these offenders and making relevant
9 information about them available to members of the
10 community would allow the community to take precautions
11 against the risks of sexual predation.
12 Because not all states' laws prove
13 equal, however, the federal government enacted
14 registration regulating those laws and specifically
15 conditioned certain federal funding to the states on
16 compliance with the federal law.
17 Pennsylvania's law has undergone several
18 rounds of revisions over the years. Although it's been
19 amended many times, one thing has remained constant.
20 And the constant is the reason we have the law. The
21 purpose of these laws is not to shame offenders and
22 never has been. The legislate's purpose has always
23 been to help citizens protect themselves and their
24 children from sexual predation.
110 25 These laws are often referred to as 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 11
2 Megan's Law, which were named for Megan Kanka, a
3 seven -year -old New Jersey girl who was sexually
4 assaulted and murdered by a neighbor who, as it turned
5 out, had two prior convictions for sexual offenses
6 against children.
7 I don't mention Megan Kanka to evoke
8 sympathy from the Court or stir the Court's emotions.
9 This portion of today's proceedings is not about
10 sympathy for her or Mr. Cosby or anyone else. It's
11 simply about analyzing the legislative scheme that
12 applies to all sex offenders and those deemed sexually
13 violent predators in the Commonwealth.
14 I do mention Megan Kanka to remind the
15 Court of the origin of the law and, as the Court
16 attested, whether the defendant has met his burden to
17 show that the current law is punitive in effect. We
18 must not forget that today's law and every version of
19 the law preceding it is rooted in this legitimate, not
20 arbitrary, governmental interest in protecting
21 vulnerable members of the community from sexual
22 predation.
23 The legislature has made specific
24 findings, including: "If the public is provided
410 25 adequate notice and information about sexual offenders, 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 12
2 the community can develop constructive plans to prepare
3 for the presence of sexual offenders in the community.
4 This allows communities to meet with law enforcement to
5 prepare and obtain information about the rights and
6 responsibilities of the community and to provide
7 education and counseling to residents, particularly
8 children."
9 That legislative finding and that
10 purpose of this law has never been invalidated by the
11 courts. In fact, even in the Muniz decision which is
12 arguably the catalyst for defendant's motion, for all
13 the litigation that stem from that case, even the Court
14 in Muniz did not invalidate that legislative finding.
15 In fact, it said that's an issue best left for the
16 General Assembly.
17 It stated: "The General Assembly made
18 legislative finding that sexual offenders pose a high
19 risk of committing additional sexual offenses, and
20 protection of the public from this type of an offender
21 is of paramount government interest. Although there
22 are contrary scientific studies, we know there is by no
23 means a consensus and ask that we defer to the General
24 Assembly's findings on this issue."
410 25 So as this Court assesses whether 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 13
2 defendant has met his burden to show that the statute
3 is punitive, I ask it to remember why we are here, why
4 we have these laws, because ultimately what the Court
5 has to do in assessing the factors when considering
6 whether the law is punitive is really balance that
7 legitimate governmental interest of community
8 protection with the idea that the law must be narrowly
9 tailored enough to not offend the defendant's
10 constitutional rights.
11 Counsel referred to the different laws
12 and I know we may have referred to them by different
13 terms in our pleadings. I just want to let you, for 40 14 the Court's purposes, know that when I refer to Megan's
15 Law, I'm referring to the laws that were in place prior
16 to SORNA, prior to 2012. And that's Megan's Law I, II
17 and III. SORNA refers to the Sexual Offender and
18 Notification Registration Act which was effective in
19 Pennsylvania from December of 2012 through February of
20 2018. And Act 10 was a legislation that followed it
21 that corrected the problems identified by the Court in
22 Muniz. And then Act 29 re-enacted Act 10.
23 So Act 29 is the current law. I think
24 there's no debate between myself and defense counsel
III 25 that Subchapter I is the relevant provision of that, of 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 14
2 Act 29, that applies to defendant because that is the
3 provision that applies to offenders who committed their
4 offenses prior to the enactment of SORNA.
5 So I want to talk about the holding of
6 Muniz. Muniz was a Pennsylvania Supreme Court decision
7 last summer which held that the registration and
8 notification provisions of SORNA, that piece of
9 legislation in effect from 2012 to 2018, were punitive.
10 To be clear, the Court did not hold that
11 SORNA was unconstitutional on its face. What it said
12 was because this law is punitive, because these
registration notifications are punitive, when we apply III 13 14 them retroactively to certain offenders, that increases
15 their punishment, and that's by the ex post facto
16 motion.
17 The decision in Muniz does not control
18 the outcome of the defendant's motion in this case.
19 And that's because Muniz analyzed a different statute
20 than what is applicable to the defendant here. Muniz
21 was a departure. It was a departure from federal law
22 and it was a departure from longstanding Pennsylvania
23 law holding that Pennsylvania sex registration laws are
24 civil and remedial and not punitive.
III 25 Defendant has referred to this change in 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 15
2 the law or the change stemming from Muniz as a sea
3 change which is, I think, a quote from the Superior
4 Court in the Butler case. And while that terminology
5 may be attractive, I think a more apt description for
6 this Court is that Muniz is a departure. It's an
7 anomaly, it's a blip, it's a bunk because SORNA itself
8 was a different statute.
9 SORNA was much broader than the prior
10 act before it. When it was enacted, among other
11 things, it increased in a significant number the number
12 of registerable offenses. It increased the length of
13 registration for numerous offenders, it increased
14 in -person reporting requirements, and gave offenders
15 less time to report. Legislature made those changes to
16 strengthen the law and to comply with federal mandates.
17 This was a departure from the previous
18 version of Megan's Law. Megan's Law III was the law
19 that was in effect just prior to the enactment of
20 SORNA. And the Court in the decision in Muniz
21 recognizes this throughout its opinion, repeatedly says
22 things like "Our review of SORNA reveals significant
23 differences between Pennsylvania's most recent attempt
24 at a sex offender registration statute and the statute
III 25 upheld in other cases," specifically Williams II and 16 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 Smith v Doe. The Court noted that SORNA encompassed a
3 much broader class of offenders than those subject to
4 Megan's Law II and included relatively minor offenses
5 within its enactment.
6 So throughout the Muniz opinion, the
7 Court actually distinguishes the law its analyzing from
8 prior laws. And that's important because the prior
9 laws, specifically Megan's Law II which was in place in
10 the early 2000s, was challenged on this very same
11 basis, the challenges to that -- to the SVP provisions
12 of that law, and the Court found them to be not
13 punitive.
14 Furthermore, Megan's Law III, which was
15 enacted just before SORNA, also was never successfully
16 challenged on the basis that that law was punitive.
17 And Megan's Law III, if you compare that to Act 29 side
18 by side, it is virtually identical to Subchapter I. So
19 really the law that's in place today, Subchapter I of
20 Act 29, is virtually the same law that was in place
21 just prior to the enactment of SORNA.
22 So when defendant urges this Court to
23 look at the provisions of the new law utilizing the
24 analysis of the Court in Muniz, it's really not the
410 25 most apt comparison because Megan's Law II is actually 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 17
2 also nearly identical to the law we're talking about
3 today. And again, the Court in Williams II found that
4 the SVP provisions -- again, identical to what we're
5 talking about here today -- were not punitive.
6 So following the Muniz decision and the
7 Butler case which I'll talk about a little bit later,
8 the legislature passed Act 29 to correct these
9 problems. So that's why it did what it did. That's
10 why it reverted the law back to what it was prior to
11 SORNA, to correct the issues identified by the Court in
12 Muniz.
13 I will point out that Megan's Law III, 411 14 which as I stated is really the identical law to what
15 we're talking about now, was invalidated at one point,
16 but that was for a completely different reason. That
17 had to do with the fact that that law violated the
18 Constitution's -- the single subject rule of the
19 Constitution.
20 However, in making that holding, the
21 Court in that case, in Neiman, said: We stress,
22 however, that our holding should, in no way, be read as
23 a repudiation of the merits of the various components
24 of the Act, such as Megan's Law III, which serves a
25 vital purpose in protecting the Commonwealth's citizens 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 18
2 and children, in particular, from victimization by
3 sexual. predators.
4 So I'd urge the Court as it considers
5 the factors in terms of whether defendant has made the
6 requisite showing of punitive to keep in mind that this
7 law is exactly the same as what was in place prior to
8 SORNA and was deemed nonpunitive in Williams II and
9 never invalidated as punitive when it was Megan's Law
10 III.
11 So to get to the test -- I know the
12 Court's familiar with the test for whether the law is
13 punitive as outlined in both of our pleadings, and 40 14 that's the test applied in the Kennedy versus
15 Mendoza -Martinez analysis.
16 There's two parts. The first question
17 is whether the legislative intent is it would be
18 punitive. And I think there's no disagreement here
19 that the legislature's intent is that this law be
20 nonpunitive. So the only question really is whether
21 the law is so punitive in effect, in practice, that it
22 overrides, negates the legislature's intent.
23 So there are seven factors in that test.
24 I'm not going to go through all of them. There are
III 25 really only four that I think are subject to any 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 19
2 debate. And those are whether the statute involves an
3 affirmative disability or a restraint, whether the
4 sanction has historically been regarded as punishment,
5 whether the operation of the statute promotes the
6 traditional aims of punishment, and whether the statute
7 is excessive with relation to its purpose.
8 We've outlined those in our written
9 filings and I know the Court is familiar with the
10 arguments of both parties, so I'm not going to go over
11 every single one, but there are some points that I
12 wanted to highlight. And I also wanted to just quickly
13 go over what we're actually talking about here in terms
14 of the registration requirements.
15 Registration for all offenders and SVPs
16 includes registering upon release and then informing,
17 not in person, but informing the Pennsylvania State
18 Police of changes in residence, changes in employer,
19 changes of school, becoming enrolled in -- becoming
20 enrolled in a school or becoming employed if you
21 haven't been previously employed.
22 For sexually violent predators, there's
23 also a quarterly in -person verification requirement,
24 which means four times a year a sexually violent
410 25 predator has to go in to the State Police and verify 20 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 their information and be photographed. Non-SVPs have
3 an annual in -person verification and photograph
4 requirement.
5 These requirements, as I stated, are the
6 same as what they were in the law prior to SORNA. And
7 they're also substantially reduced from what the
8 requirements were in SORNA. Under SORNA, there were
9 longer registration periods.
10 So, under this law, there's a 10 -year
11 and there's lifetime. In SORNA, there was 15, there
12 was 25, and there was lifetime. SORNA had more
13 frequent reporting requirements, more frequent
14 verification. For example, Tier II offenders under
15 SORNA had to appear semiannually. That's not the case
16 under Act 29. There are also more in -person reporting
17 requirements. So for updates, individuals who moved
18 had to go in and update their information in person.
19 As a result of the changes made by Act
20 29 and the changes made to SORNA, the law has been
21 rendered nonpunitive. And it's been -- that has
22 happened because the legislature has scaled back what
23 it did with SORNA and narrowly tailored the provisions
24 to protect the interest of the community without being
411 25 overbroad. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 21
2 In terms of the first factor, whether it
3 creates an affirmative disability or restraint,
4 defendant has made several different arguments in his
5 motion. And I want to point out that one of the
6 specific provisions that's changed is this mechanism
7 for offenders to be able to petition to get off of the
8 registry. That is a change from SORNA. So now
9 sexually violent predators can petition the Court after
10 25 -- and non -sexually violent predators can petition
11 the Court to be removed from the registry.
12 The defendant argues that this isn't
13 meaningful because he's 81 years old, so the likelihood
1110 14 of him being able to take advantage of that isn't fair
15 and is still punitive for him. But I'd remind the
16 Court that when it's considering this, the question is
17 not whether it seems punitive for one particular
18 offender but whether the statutory scheme as a whole is
19 punitive.
20 And the Court has said that the
21 legislature may legislate classes of individuals. So
22 the fact that defendant may not personally have a
23 meaningful opportunity to be removed from the -registry
24 doesn't change the fact that the legislature may still
25 make that available to other offenders who -- for 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 22
2 example, if someone was a younger offender in their
3 20s, had a shorter prison term, and then came out and
4 was on the registry for lifetime, they would have a
5 meaningful opportunity to petition the Court to be
6 removed from the registry.
7 He also mentions that Act 29 is unfairly
8 punitive an effect on him because it prevents him from
9 spending time alone with his grandchildren. He
10 referred to something regarding that another person
11 could be charged with child abuse under the Protective
12 Services Act for leaving their child with a sexually
13 violent predator. If that's even true, that would not 410 14 be an affirmative disability or restraint on the
15 defendant. At best, it would be a secondary restraint.
16 And that's not what the Court is looking at here when
17 we're talking about how punitive this law is.
18 Nothing in the provisions, the
19 registration notification, or counseling provisions in
20 this law would prevent defendant from spending time
21 with his grandchildren. It doesn't restrict his
22 movements. It doeSn't take away freedom. His
23 citizenship hasn't been revoked. He can still apply
24 for jobs should he choose to. He's free to go move
410 25 about where he chooses. He just has to notify the 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 23
2 State Police and check in on a regular basis. And
3 those requirements are a reasonable means appropriately
tailored to effectuate the purpose of the scheme, again
5 protecting vulnerable members of the community.
6 Defendant also mentions -- takes issue
7 with the active notification requirements for SVPs. I
8 think specifically he is referring to the notifications
9 by the State Police to certain limited members of the
10 community such as schools and daycares within the
11 neighborhood where the defendant or a defendant or an
12 offender lives.
13 I remind the Court that those 410 14 precautions are reasonably tailored to provide those
15 individuals with information about sexually violent
16 predators in their neighborhood to take precautions.
17 Moreover, those exact same notification provisions were
18 considered by the Court in Williams II, and the Court
19 found them to be nonpunitive.
20 The biggest problem with SORNA, as
21 identified by the Court in Muniz, was that it was
22 over -inclusive. There were many minor offenses that
23 were included in the list of registerable offenses,
24 some of which were nonsexual in nature. And so when
25 the legislature -- the Court found that the result of 24 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 that was there were offenders who were exposed to
3 punishment for relatively minor offenses that shouldn't
4 be caught up in that net. So, again, the Court fixed
5 that in Act 29 by removing all of those.
6 And the last factor is whether the
7 statute is excessive in relation to the purpose, the
8 alternate purpose assigned. And of course, again,
9 that's the community protection. And that's the
10 argument I've made several times and repeated, that
11 really what we're talking about is how narrowly
12 tailored is this law to facilitate that interest and to
13 still protect offenders' individual constitutional
14 rights.
15 And so for all of those reasons, those
16 that I stated in the Commonwealth's filing, the law is
17 not punitive. When you balance those factors, when you
18 look at those four factors specifically and you look at
19 the entire legislative scheme -- and again, it's part
20 of what the problem was in SORNA. They said, you know,
21 some of this might be okay for some offenders, but it's
22 just too broad, captures too many individuals. So when
23 you look at what the legislature has- done in remedying
24 that, it has tipped the scale back in favor of the
410 25 statute being nonpunitive. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 25
2 So, with respect to defendant's specific
3 claim related to the SVP procedure which I will refer
4 to as the Butler case -- as the Court knows, Butler is
5 a case that flowed from the Muniz decision -- Butler
6 said that if the registration and notification
7 provisions constitute punishment, then offenders are
8 entitled to have an SVP finding found by a jury beyond
9 a reasonable doubt under Alleyne and Aprendi.
10 And that makes sense in the context of
11 SORNA, but, again, we're not dealing with SORNA. We're
12 dealing with Act 29. And because Act 29 is not
13 punitive, there is no constitutional problem with
14 having an SVP Hearing by the Court by clear and
15 convincing evidence because the whole basis of the
16 Court's decision in Butler was the fact that the law
17 was punitive. So I'd submit to the Court that because
18 the law is not punitive, there is no need. The
19 defendant is not entitled to have that finding by a
20 jury beyond a reasonable doubt.
21 Defendant has also made -- sort of
22 alluded- to a broader due process claim. He refers to a
23 lifetime period of probation, which I think my
24 understanding was the suggestion is that this is a
25 punitive law, the fact that he would have to register 26 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 for a lifetime, extends his punishment and violates due
3 process.
4 There is a recent Superior Court
5 decision called Stratford. And I do have a copy for
6 the Court. It's about a month old, but I think that
7 squarely rejects that notion. And I'd rely on that
8 case. I have copies for counsel as well. To the
9 extent that he's made that argument, I think that that
10 case squarely applies.
11 He's also raised sort of a general ex
12 post facto claim. And I'd remind the Court that the
13 Constitution doesn't prohibit punishment. It prohibits
0 14 punishment that's greater than what you were on notice
15 that you could receive at the time you committed the
16 offense.
17 So even if this Court somehow did find
18 that this law was punitive, there wouldn't be an ex
19 post facto clause violation if the defendant is not
20 subject to any greater punishment than he would have
21 been at the time he committed the offense.
22 And that is, in fact, the case here.
23 His offense -- he was subjected to lifetime
24 registration under the version of Megan's Law II that
III 25 was in existence at the time that he committed the 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 27
2 offense, and he is subject to lifetime registration now
3 under Act 29. He would have had to verify quarterly in
4 person under that law; he has to verify quarterly in
5 person now. He would have mandatory monthly counseling
6 under that law; mandatory monthly counseling now. So
7 he would not be being subject to any greater punishment
8 even if the Court did find it punitive and there would
9 be no ex post facto clause violation.
10 In response to his reputation claim,
11 I'll address that very briefly. The Pennsylvania
12 Constitution does have a specific right to reputation
13 that is recognized in Pennsylvania, but defendant is 411 14 not -- the defendant has not met his burden to make out
15 that claim. And he's relied on the case JB that's
16 really's not applicable here.
17 JB analyzed SORNA. And again, we're not
18 talking about SORNA now. We're talking about Act 29.
19 But that was a different statute with different
20 requirements, and the discussion in that case was
21 applicable to a different category of offenders. It
22 was specific to the juvenile context.
23 In that case, the Court found that
24 SORNA'S registration requirements for juveniles
25 violated the juvenile's right to reputation because 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 28
2 they were based on an irrebuttable presumption that
3 juveniles posed a high risk of recidivating.
4 And the Court found that that
5 presumption was not, in fact, true for juvenile
6 offenders. In fact, it found that juvenile sex
7 offenders were less likely to re -offend than their
8 adult counterparts and that juvenile sex offender
9 recidivism rates were indistinguishable from non -sex
10 offenders.
11 That's not true with respect to adults.
12 As I mentioned before, even when the Court had the
13 opportunity in Muniz to undermine the legislative 40 14 finding about the dangerousness and the likelihood of
15 recidivating adult sex offenders, it did not do that.
16 So I don't think that that case really helps defendant
17 and he hasn't made out his claim there.
18 In sum, defendant has not shown that Act
19 29, which again is substantially the same as the law
20 that was in place prior to SORNA, is unconstitutional.
21 Be's not met his burden. He's not entitled to the
22 windfall remedy that he sees.
23 I would also remind the Court that, to
24 the extent it disagrees with the Commonwealth and does
25 find some aspects of the sex offender registration law 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 29
2 punitive, it can certainly sever any offending
3 provisions. So the remedy to escape from all
4 registration notification requirements, it would be to
5 sever the parts that the Court thought were unfairly
6 punitive.
7 Unless the Court has any specific
8 questions which I'm happy to answer, I have nothing
9 further.
10 THE COURT: Rebuttal?
11 MR. GREEN: Only if Your Honor thinks it
12 necessary. I think my argument --
13 THE COURT: I want to give everybody a
14 fair and full opportunity. So it's customary if they
15 make remarks, you can respond if you wish to.
16 MR. GREEN: I'm satisfied that our
17 arguments are adequately explained in our papers.
18 Thank you very much.
19 THE COURT: The Court will take a five -
20 to 10 -minute recess to consider the arguments of
21 counsel.
22 MS. PIATKOWSKI: Would the Court like a
23 copy of the case I referenced?
24 THE COURT: That would be Stratford?
41, 25 MR. STEELE: Stratford. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 30
2 THE COURT: I would. Thank you.
3 All right. We're down to the call of
4 the crier.
5
6 (Recess.)
7 - - -
8 (The following proceedings were
9 reconvened with the Court, Mr. Steele,
10 Mr. Ryan, Ms. Feden, Ms. Piatkowski, Mr.
11 Green, Ms. Redmond, Mr. Goldberger, and
12 the defendant being present:)
13 - - - 40 14 THE COURT: All right. The Court has
15 considered the defense Motion for Declaration of
16 Unconstitutionality, the Commonwealth's response to the
17 defendant's memorandum in support, the oral arguments
18 that were heard by the Court today, thorough readings
19 of Commonwealth versus Muniz at 164 A.3d 1189,
20 July 19th of 2017, Commonwealth versus Butler at 173
21 A.3d 1212, also a 2017 case decided by the Superior
22 Court on October 3rd of 2017.
23 The Court is cognizant of the certain
24 legislative acts that took place in regards, and I
25 specifically will be applying Subchapter I of Act 29 31 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 that carries a date of June 12th of 2018 as applicable
3 to this case.
4 And the Court has read thoroughly the
5 legislative findings contained in Section A of 9799.51
6 together with the declaration of policy.
7 The Court is also aware of cases that
8 are currently in the Common Pleas Courts that may be on
9 appeal to the Superior Court for certain matters that
10 have been taken for review by the Supreme Court
11 surrounding issues.
12 But the Court is today confronted with
statute in place, again Subchapter I of Act 29, 411 13 14 applying to this case in that the aggravated indecent
15 assault that the defendant was found guilty of occurred
16 after April of 1996 but before December 20th of 2012,
17 putting it squarely within that statutory frame.
18 So I recognize that, first of all, in a
19 motion challenging the constitutionality that the
20 challenging party must prove that the Act -- and this
21 is the Act in this case -- clearly, palpably and
22 plainly violates the Constitution.
23 And I am cognizant that this power of
24 judicial review that has been thrust upon this Court
110 25 today must not be used as a means by which Courts might 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 32
2 substitute their judgment as to public policy for that
3 of the legislature. The role of the judiciary is not
4 to question the wisdom of the action of a legislative
5 body but only to see that it passes constitutional
6 muster.
7 The Supreme Court has gone on to say
8 that it has consistently held that enactments of our
9 General Assembly enjoy a strong presumption of
10 constitutionality. All doubts are to be resolved in
11 favor of sustaining the constitutionality of the
12 legislation. Nothing but a clear violation of the
13 Constitution; that is, a clear usurpation of power 411 14 prohibited, will justify the judicial department in
15 pronouncing the act of a legislative department or a
16 legislative body unconstitutional and void.
17 In other words, the Courts are obliged
18 to exercise every reasonable attempt to vindicate the
19 constitutionality of the statute and should uphold its
20 provisions. That has been the existing law in the
21 Commonwealth of Pennsylvania.
22 So I recognize my colleagues, very
23 scholarly colleagues, many probably much more erudite
24 than I, opined as to the constitutionality of the
410 25 statute or its predecessor and/or Act 10. 1 KRISTEN F. DUDLEY, PSY.D. - VOIR DIRE 33
2 And I find based upon the statements
3 that I've put on the record that at this stage based
4 upon the legislative findings, policy, and the cases
5 that I've just cited that this Act as of today is
6 constitutional. And, therefore, the motion of the
7 defendant is denied.
8 All right. We now had a precipe for a
9 Sexually Violent Predator Hearing filed 7-24 of '18.
10 Again, the Court has had no review of any report that
11 presumably supports a precipe of the Commonwealth, so
12 at this stage do you have any witnesses you want to
13 call? 40 14 MR. RYAN: Yes, Your Honor. I'd call
15 Dr. Kristen Dudley.
16 COMMONWEALTH'S EVIDENCE
17 - - -
18 KRISTEN F. DUDLEY, PSY.D., having been
19 duly sworn, was examined and testified
20 as follows:
21 EXAMINATION ON VOIR DIRE
22 BY MR. RYAN:
23 Good morning, Dr. Dudley.
24 A Good morning.
410 25 Q Can you tell me how you're employed? 1 KRISTEN F. DUDLEY, PSY.D. - VOIR DIRE 34
2 A Yes. I am a member of the state Sexual Offender
3 Assessment Board, the SOAB. I am also a licensed
4 psychologist in the State of Pennsylvania and am
5 self-employed.
6 Q And how long have you been self-employed as a
7 psychologist?
8 A I've been self-employed as a psychologist since
9 getting licensure in 2015.
10 Q And how long have you been a member of the Sex
11 Offender Assessment Board?
12 A I was appointed to the board at the end of 2016.
13 Q And how is it that one gets appointed to the
14 board?
15 A In my case, I was familiar with the board because
16 of my work with Dr. John Shanken-Kaye during my
17 post -doctoral years, and so I was familiar with the
18 board and had asked for appointment. And then after he
19 was -- after he died, I was, I guess, given his seat.
20 Q Okay. Fair enough. So, Doctor, do you have a
21 specific title with the Sex Offender Assessment Board?
22 A I am a board member.
23 Q Okay. And as a board member, what are your
24 typical duties with the Sex Offender Assessment Board?
III 25 A My duties consist of reading the -- once a 1 KRISTEN F. DUDLEY, PSY.D. - VOIR DIRE 35
2 defendant is convicted of a crime that triggers a sex
3 offender evaluation, the board begins to compile all of
4 the documents, all of the relevant documents; police
5 reports, District Attorney's reports, trial
6 transcripts. And they are then sent to me. And based
7 on that, I write a report and, when necessary, testify
8 in court such as today.
9 (Curriculum Vitae of Kristen F. Dudley,
10 Psy.D marked Commonwealth's Exhibit
11 C-SVP-1 for identification.)
12 BY MR. RYAN:
Q All right. I'm going to approach you with a III 13 14 document that I've marked as Exhibit C-SVP-1. I'm
15 going to hand you that document. I'm going to hand the
16 same to the Court.
17 Doctor, I've just handed you what I've
18 marked as C-SVP-1. Can you tell me what that is?
19 A This is a Curriculum Vitae.
20 Q What is a Curriculum Vitae?
21 A My resume.
22 Q Is that a fair and accurate copy of your most
23 current Curriculum Vitae?
24 A Yes, it is.
Ili 25 MR. RYAN: Move for the admission of 36 1 KRISTEN F. DUDLEY, PSY.D. - VOIR DIRE
2 C -SVP -1.
3 THE COURT: For purposes of
4 qualifications, I'll accept into evidence C-SVP-1.
5 (Commonwealth's Exhibit C-SVP-1 received
6 in evidence.)
7 BY MR. RYAN:
8 Q Doctor, would you describe for me your educational
9 background?
10 A Yes. My most recent degree was in 2008 where I
11 was awarded a Doctorate in Clinical Psychology from
12 La Salle University.
13 During my pursuit of my doctorate, I
14 earned a Master's of Arts degree from La Salle
15 University. That was awarded in 2006.
16 Prior to that, I received a Master of
17 Science in Counseling Psychology from Chestnut Hill
18 College, and that was in 2000.
19 And in 1992 I graduated from Chestnut
20 Hill College with a Bachelor of Science in Psychology.
21 Q Okay. And with regard to training or with regard
22 to assessing sex offenders for your work with the -Sex
23 Offender Assessment Board, can you describe for me any
24 specialized training you've had?
25 A Yes. During the course of my post -doctorate 1 KRISTEN F. DUDLEY, PSY.D. - VOIR DIRE 37
2 years, my years following -- between 2008 and 2016, I
3 worked with Dr. John Shanken-Kaye who was a member of
4 the Sex Offender Assessment Board. And as such, he
5 allowed me and the board allowed me to review materials
6 that he was writing and assist in the preparation of
7 those reports for him. I was also allowed to attend
8 trainings with the Sex Offender Assessment Board, and
9 they hold trainings on a quarterly basis.
10 Q And since becoming a member of the board, do you
11 continue with those quarterly trainings?
12 A Yes.
13 Q And I believe you've testified that you're
14 professionally licensed as a psychologist?
15 A Yes, I am.
16 Q Do you belong to any professional organizations?
17 A The Pennsylvania Psychological Association.
18 Q And have you ever testified before as an expert in
19 an SVP Hearing?
20 A Yes, in Delaware County court.
21_ Q Okay. And how many times have you done that?
22 A Twice.
23 Q And in each of those instances, were you qualified
24 as an expert?
411 25 A Yes, I was. 1 KRISTEN F. DUDLEY, PSY.D. - VOIR DIRE 38
2 Q Have there ever been instances where you've
testified in a court of law where you were not
4 qualified as an expert?
5 A No.
6 Q Can you tell me approximately how many assessments
7 you individually have done?
8 A I have done 70 assessments myself.
9 Q And during --
10 THE COURT: What was that? I didn't
11 hear it.
12 THE WITNESS: Seventy.
13 BY MR. RYAN: 40 14 Q And during the course of your training with Dr.
15 Shenken-Kaye, how many assessments did you assist him
16 with?
17 A I assisted him with approximately 200.
18 Q In the course of conducting assessments,
19 ultimately you draw a conclusion as to whether or not
20 someone is a sexually violent predator or not; correct?
21 A Yes.
22 Q And have there been occasions where you have done
23 an assessment and determined that an individual is not
24 a sexually violent predator?
III 25 A Yes. 1 KRISTEN F. DUDLEY, PSY.D. - VOIR DIRE 39
2 Q And in fact, in the number of assessments that
3 you've done, are you able to approximate how many times
4 you have found someone to be a sexually violent
5 predator?
6 A The ones that I've done individually -- so I've
7 done 70. And of those 70, only 20 percent have met
8 criteria to be classified as a sexually violent
9 predator.
10 Q And, Doctor, I know I've gone over a number of
11 different things with regard to your qualifications.
12 Fair to say that the Curriculum Vitae I handed you as
13 C-SVP-1 contains an entire picture of the 411 14 qualifications that you have?
15 A Yes, it does.
16 MR. RYAN: Your Honor, subject to
17 cross-examination, I'd offer Dr. Dudley as an expert in
18 evaluating and assessing sexually violent predators.
19 THE COURT: Cross-examine as to
20 qualifications.
21 MR. GREEN: I'll reserve, Your Honor.
22 THE COURT: Reserve? I'm sorry. I
23 don't know whether my hearing is shot or
24 MR. GREEN: I'll reserve
410 25 cross-examination to qualifications. KRISTEN F. DUDLEY, PSY.D. - DIRECT 40
2 THE COURT: All right. Based upon the
3 Court having heard subject to without prejudice, she is
4 qualified as a member of the Sexually Violent
5 Assessment Board and she can provide opinions
6 consistent with the Act.
7 DIRECT EXAMINATION
8 BY MR. RYAN:
9 Q Doctor, now I want to speak with you specifically
10 about your assessment in this case. Have you had the
11 opportunity to perform an assessment for the Sexual
12 Offender Assessment Board of the defendant in this
13 case, William Cosby?
14 A Yes, I have.
15 Q And have you come prepared to offer an expert
16 opinion as to whether or not the defendant is, in fact,
17 a sexually violent predator?
18 A Yes, I am prepared, sir.
19 Q And the opinion that you ultimately will offer, is
20 that held to a reasonable degree of professional and
21 scientific certainty?
22 A Yes, it is.
23 Q And I'm going to hand you your report in a moment,
24 but ultimately what was the assessment that you made
41, 25 with regard to whether or not the defendant was a 1 KRISTEN F. DUDLEY, PSY.D. - DIRECT 41
2 sexually violent predator?
3 A I came to the conclusion that Mr. Cosby does, in
4 fact, meet the criteria to be classified as a sexually
5 violent predator.
6 (Sexually Violent Predator Assessment of
7 William Henry Cosby, Jr. marked
8 Commonwealth's Exhibit C-SVP-2 for
9 identification.)
10 BY MR. RYAN:
11 Q Now, Doctor, I'm going to hand you a document that
12 I've marked as C-SVP-2.
13 MR. RYAN: I'm going to hand a copy to
14 the Court. I've provided both exhibits to defense
15 counsel.
16 BY MR. RYAN:
17 Q Doctor, I've handed you what I've marked C-SVP-2.
18 Can you tell me what that is?
19 A That is a copy of the report that I submitted
20 through the board to your office.
21 Q Okay. And just as a general matter explaining the
22 process by which you assess someone, can you tell me
23 what information you include in reports such as the one
24 I've marked as C-SVP-2?
411 25 A So for -- for the purpose of my reports, there is 1 KRISTEN F. DUDLEY, PSY.D. - DIRECT 42
2 usually an investigator report. And then there is the
3 legal documents; criminal Bills, the police Criminal
4 Complaint. In this instance there were boxes of
5 documents to go through, including the trial
6 transcripts from 2018, the trial transcripts from 2017,
7 and all of the police reports and files from Cheltenham
8 Township, from Montgomery County Detectives, and from
9 Canada, I believe.
10 Q And --
11 A And there was more. There are pages, about --
12 Q And so, Doctor, in addition to the sources of
13 information that you're describing, do you conduct an
14 assessment with particular factors in mind?
15 A Yes.
16 Q Okay. And where do those factors come from?
17 A So the factors come from -- from laws, from -- the
18 14 factors were set forth by the Pennsylvania Supreme
19 Court based off the cases Dengler and Scwenk in 2005,
20 Conklin in 2005, and Meals 2006.
21 So, Doctor, now I want to get into the substance
22 of your report. And I'm going to be directing you to
23 different portions, so if you'll follow along with me.
24 The first question I have for you is:
25 In the course of conducting your assessment, did you 43 1 KRISTEN F. DUDLEY, PSY.D. - DIRECT
2 have the opportunity to meet with the defendant?
3 A Mr. Cosby chose not to participate in this
4 evaluation as is his right to do.
Q So he was given the opportunity and declined?
6 A Yes.
7 Q Is it necessary to meet with the criminal
8 defendant to conduct one of these assessments?
9 A It is not.
10 Q Why is that?
11 A Because, unlike a mental health evaluation, this
12 is a forensic evaluation. And we are -- we are called
13 upon to review records and interview defendants if they
14 choose to participate, but they don't need to. The
15 review of the record is sufficient.
16 Q Now, I'd like to direct you to the factors that
17 you earlier indicated were set by law in Pennsylvania.
18 Before I do that, can you tell me, is
19 there a specific legal definition as to what qualifies
20 someone as a sexually violent predator?
21 A So the determination of sexually violent predator
22 is actually for the judge to make.. My job is to advise
23 the Court as to whether or not a person meets criteria
24 as set forth. And specifically we get down to the end
411 25 of the report, whether they meet criteria for a mental 44 1 KRISTEN F. DUDLEY, PSY.D. - DIRECT
2 abnormality or personality disorder, whether they
3 engaged in predatory behavior, and --
4 Q So let me -- that might have been a poorly phrased
5 question because you're right in that it's a legal
6 determination for the judge to make. Let me ask it to
7 you a different way.
8 When you're conducting your assessment,
9 is it fair to say that you're guided by the factors, as
10 you indicated, whether there's a mental abnormality and
11 then, as you indicated, whether it's predatory behavior
12 or not?
13 A Yes.
14 Q And the sources of information outlined in your
15 report, you relied upon those sources and your training
16 and experience in order to render your opinion?
17 A Absolutely, yes.
18 Q And so now I'd like to get you to turn to the
19 factors given on Page 15 of your report. And is it
20 fair to say that your report with regard to the 14
21 factors outlined by law, you further break them down
22 into different categories?
23 A Yes. Sothe first set is the facts of the current
24 offense, what happened between Mr. Cosby and Ms.
411 25 Constand. 1 KRISTEN F. DUDLEY, PSY.D. - DIRECT 45
2 So first seven factors. Whether the
3 offense involved multiple victims. In this case it did
4 not. Whether the individual exceeded the means
5 necessary to achieve the offense. By using the drugs
6 and alcohol, he did not exceed the means necessary.
7 The nature of the sexual contact with the victim. The
8 relationship of the individual to the victim. The age.
9 Whether the offense included display of unusual
10 cruelty. And the mental capacity of the victim.
11 Q Okay. And now with regard to those factors that
12 are listed under facts of the current offense, are
13 there particular factors that you considered during 411 14 your assessment that were significant to you compared
15 with others?
16 A Yes. So the factors that were significant were
17 the nature of the sexual contact, the relationship of
18 the individual to the victim. Those are probably the
19 two most important.
20 Mr. Cosby met Ms. Constand while she was
21 an employee at Temple. And during the course of their
22 relationship, their friendship, he used that
23 friendship, he used that relationship, that trust that
24 had developed between them to take advantage of her,
41, 25 provide her with the drugs and alcohol that were then 46 1 KRISTEN F. DUDLEY, PSY.D. - DIRECT
2 used and, once she was rendered unconscious or sedated,
3 was able to sexually offend her.
4 So those two factors were the more
5 important ones in this case.
6 Q Okay. And so understanding those are the two most
7 significant of the seven listed in this section, are
8 there any others that you considered important, if not
9 chiefly significant?
10 A Then we get down to the characteristics of the
11 defendant, very specifically the behavioral
12 characteristics that contributed to Mr. Cosby's
13 conduct.
14 During the course of this trial, during
15 the course of the proceedings, many, many women came
16 forward.
17 MR. GREEN: Objection, Your Honor.
18 This --
19 THE COURT: Well, where is that, again,
20 in what you considered? I don't see it. You've listed
21 what you considered. And then you're now saying many
22 women came forward. How is this part of this record?
23 How did they make you aware? Where is that set forth
24 in your materials? If it's not, then you should not
III 25 talk about it. 1 KRISTEN F. DUDLEY, PSY.D. - DIRECT 47
2 MR. RYAN: Well, I can tell you that
3 it's listed in the sources of information that, as I
4 understand it, the --
5 THE COURT: Point it out to me what it
6 is.
7 THE WITNESS: Sure. So if we go to
8 the --
9 THE COURT: I'll rule on it.
10 MR. GREEN: I'd like to make argument.
11 THE COURT: I'm going to hear your
12 argument. I'm going to start with what it is she
13 claims she's relying on and seeing where that fits in.
14 THE WITNESS: During the trial, many
15 women -- so I had a copy of the trial transcript. And
16 during the trial, Your Honor allowed the bad act
17 witnesses to come forward. And using their words and
18 their depth.
19 THE COURT: So you clarified using the
20 words from a trial transcript.
21 THE WITNESS: Yes.
22 THE COURT: When you said many women --
23 THE WITNESS: Yes.
24 THE COURT: -- you're talking about
25 women that were called for a specifically limited 48 1 KRISTEN F. DUDLEY, PSY.D. - DIRECT
2 purpose, and you read their Notes of Testimony?
3 THE WITNESS: Yes.
4 THE COURT: And that is all you're
5 talking about?
6 THE WITNESS: And then there were the
7 women from the mistrial back in 2017 that I also -- I
8 read those transcripts as well.
9 THE COURT: So how many women were there
10 you read?
11 THE WITNESS: In total, 46.
12 THE COURT: Okay. And so, again, there
13 wasn't 46 women who testified.
14 THE WITNESS: Correct.
15 THE COURT: So you didn't read testimony
16 in regard to --
17 THE WITNESS: I did not read testimony.
18 I did read testimony from the trial from 2018, the
19 mistrial from 2017, and police reports and police
20 statements.
21 THE COURT: All right. Now you know
22 what she read. I'll hear your argum.ent.
23 MR. GREEN: Judge, the defendant asserts
24 both hearsay and confrontation clause objections. The
411 25 reliance on any out -of -court evidence and fact finding 49 1 KRISTEN F. DUDLEY, PSY.D. - DIRECT
2 by this witness outside of the courtroom is improper
3 when applied to and used to impair his liberty
4 interests, either -- both through the SVP process to
5 punish him in that regard and also to the extent that
6 it becomes a part of the basis of things that would be
7 available to you at sentencing.
8 There is first a statutory right to
9 confrontation in every sentencing proceeding. There is
10 a confrontation right in any proceeding in which
11 punishment is imposed. And this is, as we have said
12 previously, certainly a proceeding in which the
13 defendant is going to be punished if he is deemed to be
14 an SVP.
15 So, first, there's a statutory hearsay
16 objection that probably obviates you having to reach
17 the confrontation clause.
18 THE COURT: Well, the statutory hearsay,
19 obviously, you know, there are reports. The reports
20 all themselves to this individual could be hearsay.
21 MR. GREEN: They are. And that's my
22 objection.
23 THE COURT: I understand.
24 MR. RYAN: But she's an expert. She's
410 25 allowed to -- 1 KRISTEN F. DUDLEY, PSY.D. - DIRECT 50
2 THE COURT: Mr. Ryan, I promise I'll
3 give you a response.
4 I have to make sure you say statutory.
5 I'll deal with that. I'm a little more concerned about
6 items that were actually never part of the trial
7 record. So I want to hear you on that, and we'll get
8 back. I want to decide this issue, but I want to hear
9 Mr. Ryan.
10 Now, again, you can have a seat, Mr.
11 Green. Unless you have more to say, I've heard you.
12 It's the hearsay objection.
13 And I'm also questioning even if it's
14 not, as an expert can she rely upon hearsay and can she
15 rely upon reports? The question is what is she relying
16 upon? You know, if it wasn't part of the trial record
17 in this case, I'm wondering why that would have been
18 supplied or why she relied. So I'll hear you on that,
19 Mr. Ryan.
20 MR. RYAN: So, first of all with regard
21 to hearsay, like I said, as an expert she's allowed, I
22 suggest the rules say, to rely on that sort of
23 information in forming a conclusion that she is going
24 to then offer in court.
25 With regard to the process, as I KRISTEN F. DUDLEY, PSY.D. - DIRECT 51
2 understand your question about how it was that the SOAB
3 came into possession of those materials, the SOAB comes
4 into our office and collects materials that they want
5 to review.
6 Now, I, as I think I'm understanding
7 Your Honor's thought process at this stage --
8 THE COURT: Well, let me clarify.
9 MR. RYAN: Sure.
10 THE COURT: In the first trial, the
11 Commonwealth proffered a number of witnesses to be
12 404(b) evidentiary witnesses. Okay? And in the
13 process they gave a confidential proffer of each of the
14 individuals that I had, I assume the District Attorney
15 had, and the defense to act as a framework to make an
16 evidentiary ruling. So I made an evidentiary ruling in
17 the first case permitting one of those individuals to
18 testify as a 404(b) witness.
19 In the second trial, again there were
20 19, I believe, in that proffer. I reviewed those
21: proffers. I reviewed arguments after. And again,
22 there were five who did testify.
23 So I'm wondering where -- we know it's
24 an evidentiary purpose. I don't think there's many
411 25 case laws around it where -- what we're talking about 1 KRISTEN F. DUDLEY, PSY.D. - DIRECT 52
2 are proffered evidentiary witnesses, not victims but
3 people that had something to say. And they clearly
4 said it and they were interviewed by the District
5 Attorney's Office.
6 And, you know, we may have to deal with
7 this as well during the sentencing here, but do you
8 have a case that talks about this, that just because
9 it's -- you know, I get the hearsay exception, but the
10 extra material that was all for an evidentiary ruling,
11 I am -- that's what I'm troubled by. I just don't know
12 where that would come from unless you're just assuming
13 that it comes because she's an expert, she can see
14 whatever we give her.
15 MR. RYAN: Well, I think that there's a
16 distinction in what Your Honor is asking. First and
17 foremost, with regard to conducting an assessment, if
18 the SOAB wants to look at investigative materials, we
19 provide it. So I think that -- you know, we separate
20 that.
21 There is a case. I believe it's
22 Commonwealth versus Sugars. I don't have the cite
23 directly in front of me.
24 THE COURT: I have it.
25 MR. RYAN: But I know that we cited it 1 KRISTEN F. DUDLEY, PSY.D. - DIRECT 53
2 And that discussed essentially uncharged conduct and,
3 in some cases, admissions from a defendant in the
4 context of an SVP Hearing and the Court's consideration
5 of the same. So I do think that that case stands for
6 that proposition.
7 THE COURT: That was a defendant
8 interview. That was an interview with the defendant in
9 the case, and I distinguished that in making my ruling
10 as to the evidentiary request that the Commonwealth
11 made for this Sentencing Hearing. That was a -- the
12 defendant. This is the statements that were clearly
13 for evidentiary purposes.
14 And so I understand. I've read Sugars
15 very closely. I'm not getting that other than the
16 pronouncement is can you use SVP statements? Yes, the
17 defendant's statements. In this case he chose not to
18 testify.
19 MR. RYAN: Right. And I think that case
20 will speak for itself. It's my recollection that it
21 was the defendant's statements and other. information, I
22 believe, from a Children and Youth investigation.
23 Again, the case is going to speak for itself on that
24 point. Your Honor is going to make your ruling.
41, 25 I will say that with regard to 1 KRISTEN F. DUDLEY, PSY.D. - DIRECT 54
2 confrontation, there is nothing prohibiting the
3 defendant as we stand here today from confronting any
4 of these witnesses. If he wants to subpoena them, I
5 think I know where he can find them.
6 Ultimately though, understanding what I
7 believe to be --
8 THE COURT: He has no burden to do that.
9 MR. RYAN: I understand that. I have a
10 burden. It's clear and convincing.
11 So, as I believe I'm understanding Your
12 Honor's concerns, to the extent that Dr. Dudley may
13 have made reference to investigative materials that 40 14 were not put forward in front of this Court or the jury
15 at either trial, I am able to ask Dr. Dudley to limit
16 her testimony and conclusions to those individuals that
17 did testify at both the first and second trial if that
18 will satisfy Your Honor.
19 THE COURT: Well, obviously at this
20 stage, but she's already said she's consulted them. So
21 I think a question at least right now from the Court --
22 I mean, ma'am, you heard the objections. Without the
23 ruling on the objection right now, you know, I have to
24 decide what I'm going to consider.
111 25 Now, are you able to separate -- 1 KRISTEN F. DUDLEY, PSY.D. - DIRECT 55
2 THE WITNESS: Yes.
3 THE COURT: -- you know, the sworn
4 testimony of at this stage six individuals from the
5 statement of however many and exclude them in terms of
6 say you reviewed the record of the testimony at the two
7 trials of the six who were evidentiary witnesses?
8 Can you do that?
9 THE WITNESS: Yes.
10 THE COURT: All right. At this stage
11 I'm going to reserve ruling. I understand your
12 objection. And as to hearsay, clearly this -- the
13 whole nature of an SVP, you know, assessment is going
14 to be hearsay because at that stage they're
15 out -of -court statements. But I'll hear you further.
16 I'm going to reserve the objection to see where she
17 goes with this.
18 MR. GREEN: I'd feel more comfortable if
19 I've made a complete record at this point.
20 THE COURT: Okay. I think that's a good
21 idea.
22 MR. GREEN: And if Your Honor gave me
23 the opportunity to have a standing objection on this
24 issue.
411 25 THE COURT: All right. 1 KRISTEN F. DUDLEY, PSY.D. - DIRECT 56
2 MR. GREEN: The objection isn't just to
3 the hearsay and the confrontation, but that the way
4 this is being set up, the Commonwealth is inviting this
5 witness to be the fact judge on what happened in these
6 prior events and then, on the basis of that fact
7 determination made by this witness under some other
8 circumstances, to impose legal consequences that
9 constitute punishment. It's both a confrontation, but
10 also a due process fact-finding problem.
11 This problem hasn't come up before Muniz
12 because the punishment piece was different. Since
13 Muniz and Butler, this question hasn't been resolved.
14 But there is an extended series of cases on fact
15 finding -- and he gets to make the fact finding that
16 have to be applied here -- the Apprendi/Alleyne cases
17 about who gets to make the fact finding on the elements
18 in this case on predatory behavior, likely to
19 re -offend. If the Commonwealth is able to call a
20 witness to say what those facts are, that turns all
21 those cases on this.
22 So I object to this witness being
23 invited to express views that include her views as to
24 findings on facts, what conduct should anybody decide
41, 25 has been proven and by what standard. The defendant 1 KRISTEN F. DUDLEY, PSY.D. - DIRECT 57
2 has never been charged with and, therefore, has never
3 been called on to defend against these allegations from
4 other uncharged witnesses. That's the essence of this
5 problem.
6 So I object to all efforts to rely on
7 the police reports, police reports from Toronto that
8 the witness identified in her direct examination, and
9 other testimony from other people in which she would be
10 the person who makes the fact finding. And I'd ask for
11 a standing objection to that.
12 THE COURT: All right. So I'm, you
13 know, capable of reading the statute and finding out !II 14 what are the factors that you're permitted to consider,
15 but I will probably not find in there certainly the
16 uncharged conduct and then the reports that are
17 supplied to you by the District Attorney's Office.
18 So if that in your testimony -- and
19 again, I have not decided this issue without hearing
20 because obviously she's an expert and she's going to
21 consult a lot of material. If you're able to tell me
22 that you did not consider these additional statements
23 other than what were at the very least the trial
24 testimony of five witnesses, you need to do so. And I
410 25 am sure that even with the standing objection, 1 KRISTEN F. DUDLEY, PSY.D. - DIRECT 58
2 Mr. Green intends to cross-examine you in that regard.
3 MR. GREEN: Your Honor, may I have a
4 standing objection?
5 THE COURT: You have that standing
6 objection.
7 MR. GREEN: Thank you.
8 THE COURT: And it is a relevant one and
9 the Court needs to consider it in light of the Act and
10 what my job is to find, again by a different standard,
11 but to find whether, in fact, you've met that burden.
12 So standing objection is there.
13 If you're able to make that
14 distinguishment, I would request that you do so. You
15 will, undoubtedly, be cross-examined regarding it.
16 All right.
17 MR. RYAN: Thank you, Your Honor.
18 BY MR. RYAN:
19 Q So let me, Doctor, just make sure we all know
20 where we are. First and foremost, what I'm going to be
21 doing is asking you questions based upon, as
22 understand it, your consideration of the sworn
23 testimony of six female individuals who testified at
24 either trial and, of course, the sworn testimony of
411 25 Andrea Constand. 1 KRISTEN F. DUDLEY, PSY.D. - DIRECT 59
2 A Yes.
Q Okay. So, understanding that, based on the
4 testimony you've provided thus far, is anything
5 changed?
6 A No.
7 Q Okay. And in addition to the individuals that
8 I've identified, the other victims that testified, Ms.
9 Constand of course, there's other information that you
10 relied upon such as the defendant's own admissions
11 through evidence at trial and things along those lines?
12 A Yes.
13 Q Okay. Now, just making sure that we're clear on
14 this, I wanted to go back. You were on characteristics
15 of the defendant. I wanted to go back briefly to the
16 facts of the current offense.
17 The seventh factor that you listed in
18 that, mental capacity of the victim, did that bear any
19 weight in your consideration of whether the defendant
20 was a sexually violent predator or not?
21 A It did. It's a little bit hard to parse this out.
22 Taken in the fuller context of the other witnesses who
23 testified, with the -other witnesses who testified, the
24 prior bad act witnesses, it creates a picture of a
411 25 person, Mr. Cosby, who befriends women and, you know, 1 KRISTEN F. DUDLEY, PSY.D. - DIRECT 60
2 during the course of the friendship was able to supply
3 them with drugs and/or alcohol to sedate them.
4 So, yes, the mental capacity did because
5 this was a fact proven in the court. This was
6 essentially what he was convicted of.
7 Q Yes. And I want to make sure that when we use
8 terms, you and I are speaking the same language. You
9 understand in terms of the function, ultimately Judge
10 O 'Neill will be finding facts with regard to this
11 issue?
12 A Yes.
13 Q And that you'll be offering expert opinion based 410 14 on information that you received?
15 A Yes.
16 Q Okay. So going to the number of factors with
17 regard to prior offense history, did you consider those
18 factors, number one?
19 A Yes. So for Mr. Cosby -- in Mr. Cosby's case, he
20 does not have a prior criminal history. So the factor
.21 is considered and is deemed to be irrelevant.
22 Secondly, whether the individual has
23 completed any prior sentences. Again, he has no prior
24 criminal history; therefore, this factor is also
411 25 irrelevant. 61 1 KRISTEN F. DUDLEY, PSY.D. - DIRECT
2 And whether the individual has
3 participated in any available programs or treatment for
4 sex offenders. Mr. Cosby has no prior criminal history
5 for sexual offending, so there's been no reason for him
6 to attend any treatment. The factor is considered and
7 is irrelevant.
8 Q And so to the extent that there has been no
9 treatment, we don't have a history of treatment in
10 which to judge whether that would be effective or not?
11 A Correct.
12 Q Now I'd like to talk about characteristics of the
13 defendant and factors that go along with that. First, 41) 14 just as a general matter without necessarily
15 identifying each, did you consider each one of the
16 factors independently listed under characteristics of
17 the defendant?
18 A Yes, I did.
19 Q And were there specific factors within this
20 grouping that you found to be significant?
21 A Yes. The Factor Number 4, the behavioral
22 characteristics that contributed to Mr. Cosby's
23 conduct.
24 Q Okay. And keeping it in the context that we've
41/ 25 discussed, can you explain that further for me? 1 KRISTEN F. DUDLEY, PSY.D. - DIRECT 62
2 A So this characteristic or this factor, what it's
3 looking at is are there other parts of the defendant's
4 life that contribute to or that may have contributed to
5 the instant offense, to the offense against Ms.
6 Constand.
7 Q Okay. Now, as a part of your assessment, did you
8 also consider criteria related to whether the defendant
9 had a mental abnormality or personality disorder?
10 A Yes, I did.
11 Q Okay. And before getting into the substance of
12 that portion of the assessment, can you please tell me
13 what it is in this context that a mental abnormality or
14 personality disorder is?
15 A Yes. So a mental abnormality or a personality
16 disorder is a condition, a mental health condition that
17 is diagnoseable using the current DSM, Diagnostic and
18 Statistical Manual, which is in its fifth edition. And
19 that is scientific work that lists various mental
20 abnormalities such as depression, anxiety,
21 post -traumatic stress disorder, and personality
22 disorders such as antisocial personality disorder,
23 borderline personality disorder, and sexual paraphilia.
24 Q Okay. And so is it fair to say that, in this
411 25 context, a personality disorder or a mental abnormality 1 KRISTEN F. DUDLEY, PSY.D. - DIRECT 63
2 would be a statutory or legal construct using
3 information like you described from the DSM?
4 A Yes, it is.
5 Q And are there specific factors that are utilized
6 in this legal construct in determining whether or not
7 an individual has a mental abnormality or personality
8 disorder?
9 A I'm sorry. Could you repeat the question?
10 Q Sure. Are there specific factors that you look at
11 with regard to mental abnormality or personality
12 disorder?
13 A Yes. So there's four under the mental
14 abnormality/personality disorder criteria. Whether the
15 individual likely meets criteria to be diagnosed with a
16 congenital or acquired condition which is the impetus,
17 the motivation for the sexually offending behavior.
18 Whether the individual suffers from a lifetime
19 condition. Whether this condition overrode or --
20 overrode the individual's emotional or volitional
21 control. And the likelihood of reoffending.
22 Q And you evaluated those four factors specific to
23 this case?
24 A Yes, I did.
41, 25 Q Okay. Would you please describe for me how your 1 KRISTEN F. DUDLEY, PSY.D. - DIRECT 64
2 assessment went with each of the four factors?
3 A So based on the reports, based on the trial
4 transcripts, based on Mr. Cosby's history, I came to
5 the conclusion that he likely does meet criteria for a
6 condition which is the impetus for sexual offending.
7 Specifically, his behavior is consistent
8 with the diagnosis of other specified paraphilic
9 disorder, non -consenting women. Whether this is a
10 lifetime condition, a paraphilia by definition is an
11 intense and persistent sexual interest beyond normal
12 sexual interest.
13 Based on the women who came forward as
14 bad act witnesses, Mr. Cosby has been engaging in this
15 behavior for over 30 years. Whether the condition
16 overrode the individual's emotional or volitional
17 control, despite knowing that the behavior is
18 inappropriate and would create significant negative
19 consequences not only to himself but to the victims,
20 Mr. Cosby repeatedly engaged in the grooming and sexual
21 offending behavior with young adult females.
22 And the likelihood of re -offending.
23 People who have an other specified paraphilic disorder
24 are likely to re -offend. It is considered to be a
25 lifelong condition. And because it is behaviors 1 KRISTEN F. DUDLEY, PSY.D. - DIRECT 65
2 beyond -- demonstrated to be beyond their emotional or
3 volitional control, they are inclined, they are urged
4 to act on this. And he's likely to re -offend again.
5 Q And so understanding those four factors, did you
6 draw a conclusion about a specific diagnosis under the
7 DSM-5 that the defendant meets?
8 A Yes.
9 Q And what is that?
10 A So the diagnosis would be other specified
11 paraphilic disorder, non -consenting women.
12 So paraphilic -- the section in the DSM
13 of sexual paraphilia is divided up into multiple
14 categories; pedophilia, for instance, or fetishism,
15 transvestism.
16 But then they also list other specified
17 paraphilic disorder. It's more of a catch-all. And in
18 this case it's -- I further defined it as
19 non -consenting women.
20 Q Okay. And so you came to the conclusion through
21 the assessment and your training and experience with
22 regard to the DSM-5 thatthe defendant does meet the
23- criteria for the diagnosis of other specified
24 paraphilic disorder, non -consenting women? 0 25 A Yes. 1 KRISTEN F. DUDLEY, PSY.D. - DIRECT 66
2 Q And you hold that opinion certainly to a
3 reasonable degree of scientific and professional
4 certainty?
5 A Yes, I do.
6 Q Now, in addition to what you've already described
7 for your assessment, did you also evaluate whether or
8 not the defendant's behavior would be considered
9 predatory?
10 A I did.
11 Q And can you tell me how is predatory in this
12 context defined?
13 A So the law defines predatory as -- and I'm
14 quoting -- an act directed at a stranger or a person
15 with whom a relationship has been initiated,
16 established, maintained, or promoted, in whole or in
17 part, in order to support or facilitate victimization.
18 Q And the defendant's conduct as you evaluated or
19 assessed it, rather, for your report, did you determine
20 that that meets the definition of what predatory
21 behavior is?
22 A Yes, I did.
23 Q And I know you've touched on this a little bit.
24 Can you specifically in this context of predatory
25 behavior describe for me how the conduct meets that 1 KRISTEN F. DUDLEY, PSY.D. - DIRECT 67
2 definition?
3 A Sure. Based on the testimony, based on the
4 records that I read, Mr. Cosby initiated a relationship
5 with Ms. Constand who at the time was a 29 -year -old
6 woman who was an employee of Temple University where
7 he, Mr. Cosby, was a major donor and on the Board of
8 Directors.
9 During the course of their 18 -month
10 friendship, Mr. Cosby garnered Ms. Constand's trust and
11 admiration. They had multiple conversations about her
12 career, her life ambitions prior to the night when he
13 drugged her, then sexually assaulted her. 410 14 These actions, his drugging and sexually
15 assaulting her, were for the sole purpose of his sexual
16 gratification and, as such, they meet criteria under
17 the statutes to be qualified as predatory.
18 Q Okay, Doctor. So I'm going to ask you just a few
19 more questions about your ultimate conclusions to make
20 sure that we understand what they are.
21 A Okay.,
22 Q So having conducted this assessment and utilized
23 the various sources of information, including
24 admissions by the defendant during the course of trial
0 25 that were heard in evidence, does the defendant have a 1 KRISTEN F. DUDLEY, PSY.D. - DIRECT 68
2 mental abnormality under the Act?
3 A Yes, he does.
4 Q And was the defendant's conduct in this case
5 predatory?
6 A Yes, it was.
7 Q And based on the defendant's mental abnormality,
8 does that make him likely to engage in a predatory
9 sexually violent offense?
10 A Yes, it does.
11 Q And so ultimately it is your opinion that the
12 defendant meets the criteria to be found to be a
13 sexually violent predator?
14 A Yes.
15 Q And you hold these opinions to a reasonable degree
16 of professional and scientific certainty?
17 A Yes, I do.
18 MR. RYAN: Your Honor, I don't believe I
19 did at the time that I marked it, but I would seek the
20 admission of C-SVP-2 which is Dr. Dudley's report.
21 MR. GREEN: I object on the basis of
22 those legal grounds I've already argued.
23 THE COURT: Again, as a supplement to
24 her trial testimony, I will permit it, but it is her
410 25 testimony that will control. 1 KRISTEN F. DUDLEY, PSY.D. - CROSS 69
(Commonwealth's Exhibit C-SVP-2 received
3 in evidence.)
4 MR. RYAN: Thank you. Those are all the
5 questions I have, Your Honor.
6 THE COURT: Cross-examine.
7 CROSS-EXAMINATION
8 BY MR. GREEN:
9 Q Dr. Dudley, you indicated that you've done
10 approximately 70 prior assessments; is that correct?
11 A Yes, it is.
12 Q And how many of them have been child pornography
13 cases? 411 14 A I'm guessing, but probably 20 to 30.
15 Q Lots?
16 A Many, yes.
17 Q More than half?
18 A No, not necessarily more than half, but around
19 that.
20 Q How many have concerned defendants who were over
21 80 years old?
22 A I'm not aware of any.
23 Q How many concerned defendants who were blind?
24 A I'm not aware of any.
411 25 Q Did you consult any research on the likelihood of 1 KRISTEN F. DUDLEY, PSY.D. - CROSS 70
2 re -offending for persons in their 80s? And if so,
3 please tell us what you consulted. Do you have an
4 article that the judge can refer to?
5 A I did not. At the time that Mr. Cosby committed
6 these acts, he was 66.
7 Q Today he's 81. Do you know that?
8 A That is true, yes.
9 Q So my question that you just avoided was what have
10 you consulted about the likelihood to re -offend of
11 people who are 80 or greater?
12 A I'm not aware of any research.
13 Q Well, did you have an opportunity to review Dr.
14 Foley's letter report?
15 A It was not supplied to me.
16 MR. STEELE: And it hasn't been supplied
17 to us.
18 MR. RYAN: So if we refer to it, I'd
19 like to chance to look at it.
20 MR. GREEN: Sorry, I didn't hear what
21 counsel said.
22 MR. RYAN: I said we didn't see it, so
23 if you're going to use it, I'd like to see it.
24 MR. STEELE: He sent a sentencing memo
41, 25 and said he would send a report if we got there. We 1 KRISTEN F. DUDLEY, PSY.D. - CROSS 71
2 never got there.
3 MR. GREEN: I thought that I sent it
4 both to the Court and to counsel.
THE COURT: You clearly sent it to the
6 Court and, when it comes time for sentencing, I intend
7 to make that part of the record. But it can't be part
8 of the record if the other side claims they never got
9 it. So I don't know if a recess is appropriate.
10 MR. STEELE: I got a limited report that
11 was a supplemental to the Presentence Investigation and
12 the Sentencing Memorandum. He said that he would send
13 a report if we got to this point. 410 14 THE COURT: You said that, Mr. Steele.
15 MR. STEELE: Okay.
16 THE COURT: You're simply saying you
17 never got it.
18 MR. STEELE: Right.
19 THE COURT: I'm simply saying that I did
20 get it. And my items that the Court intends to rely
21 upon will indicate that this is a report dated
22 September 11th of 2018 from Dr. Timothy P. Foley.
23 So I don't have if he served that upon
24 you or not. I don't have his enclosure letter or
411 25 anything. Do you want me to give him a copy? 1 KRISTEN F. DUDLEY, PSY.D. - CROSS 72
2 MR. GREEN: I have a copy.
3 MR. STEELE: I have that. That's not
4 what he said that this would be supplied. He said that
5 he would -- that Dr. Foley was going to do a report
6 related to the sexually violent predator.
7 THE COURT: So your position is that
8 this is a report of a psychological examination --
9 MR. STEELE: For sentencing.
10 THE COURT: -- of the defendant.
11 MR. STEELE: Right. It's a letter.
12 THE COURT: So you did get it. You, in
13 turn, based upon what you got, you did not turn it over
14 to the evaluator?
15 MR. STEELE: Right, because it was for
16 his -- and I'll find the line --
17 THE COURT: That's okay.
18 MR. STEELE: -- if you want.
19 THE COURT: I read what he said. And I
20 was going to use it for the purpose of when -- if we
21 get to the defendant's case, are you then going to say,
22 Well, that is my SVP evaluation as of right that you
23 have under the Act? That's it. And therefore, if it
24 is, then, you know, again a little late, but I'm not
25 going to prevent it from her reading it. 1 KRISTEN F. DUDLEY, PSY.D. - CROSS 73
2 So you can see if it changes. There may
3 have been a misunderstanding, but --
4 MR. GREEN: So here's where I am. I
5 filed a motion to bar the application of the SVP
6 proceedings.
7 THE COURT: Correct.
8 MR. GREEN: I understood that that was
9 going to be decided.
10 THE COURT: It was.
11 MR. GREEN: And I understood that after
12 it was decided, we would either have or make
13 arrangements to have an SVP Hearing.
14 THE COURT: We are.
15 MR. GREEN: I understand that that's
16 occurring now.
17 THE COURT: Yeah.
18 MR. GREEN: There was very little --
19 THE COURT: The misunderstanding is --
20 I'm not ascribing any -- you followed the rules and
21 have done everything and provided the Court because
22 clearly you also want me to rely upon that report for
23 sentencing.
24 MR. GREEN: I do. Here's the problem.
41, 25 THE COURT: We're in the middle of it. 1 KRISTEN F. DUDLEY, PSY.D. - CROSS 74
2 I don't know why she can't look at it now and review
3 it.
4 MR. GREEN: If there's some
5 contention -- I don't have a separate report from Dr.
6 Foley. This is the report on which he will rely.
7 THE COURT: And she should review it.
8 If it was a -- just a mistaken belief that there would
9 be a time period in there, I understand that. Mr.
10 Steele is simply saying he read it literally and he
11 didn't feel it was his job to get it to the assessor.
12 Nothing -- if you wished it -- I mean,
13 there's nothing that stops you from communicating with
14 the board. You could have said I want the board to
15 consider this, and they would have. And they would
16 have. I mean, they kind of gave you all their
17 material. I ordered it and they gave it all to you.
18 So there was at least a connection that you could have
19 simply said, Well, I'd like to supplement and Here,
20 Commonwealth, have a copy.
21 MR. STEELE:. Can I just -- we were asked
22 to file Sentencing Memorandums. They were not to be
23 distributed to anybody. -And that's what was done. He
24 made that letter part of his Sentencing Memorandum. So
41, 25 I was not in a position to share that and did not, you 1 KRISTEN F. DUDLEY, PSY.D. - CROSS 75
2 know. So that's where we're in this at this.
3 THE COURT: Well, somebody seems to want
4 to ascribe some kind of fault here. I don't need to.
5 MR. STEELE: Well, I would have supplied
6 the letter if this was this to the doctor and she asked
7 for it, but we didn't because of the confines that I
8 was under.
9 THE COURT: Okay. Couldn't be clearer
10 on what happened, but how do we want to do it? Before
11 you continue your cross-examination or after redirect,
12 she should get to read it.
13 MR. GREEN: I'd be happy to have a copy 410 14 handed to the witness and request a brief delay.
15 THE COURT: Let's take a recess until
16 you advise us that you have read it and are able to
17 answer questions regarding its impact.
18 All right. We are down to the call of
19 the crier. You can supply her or I can give her my
20 copy right now. Thank you.
21
22 (Recess-.)
23 - - -
24 (The following proceedings were 0 25 reconvened with the Court, Mr. Steele, 76 1 KRISTEN F. DUDLEY, PSY.D. - CROSS
2 Mr. Ryan, Ms. Feden, Ms. Piatkowski, Mr
3 Green, Ms. Redmond, Mr. Goldberger, and
4 the defendant being present:)
5 - - -
6 (Report of Timothy P. Foley, Ph.D. dated
7 9-11-18 marked Defendant's Exhibit
8 D-SVP-1 for identification.)
9 THE COURT: All right. Have you read
10 it?
11 THE WITNESS: I'm ready.
12 THE COURT: Mr. Green, you may cross.
13 BY MR. GREEN:
14 Q Dr. Dudley, have you had an opportunity to review
15 Dr. Foley's report and the particular footnote on that,
16 Page 4?
17 A Yes, I have.
18 MR. GREEN: That footnote describes for
19 the record, Your Honor, if I might, an article authored
20 by Barbaree and Blanchard published in 2009 titled
21 Sexual Deviance over the lifespan: Reductions in
22 deviant sexual behavior in the aging sex offender.
23 BY MR. GREEN:
24 Q Is that correct?
25 A That is correct. 77 1 KRISTEN F. DUDLEY, PSY.D. - CROSS
2 Q Are you familiar with that work?
3 A I am familiar with this work.
4 Q Do you agree that that work addresses the
5 recognized literature on aging among offenders?
6 A Yes, it does.
7 Q Did you take into account any of that literature
8 in developing any of your opinions?
9 A While I'm aware of this literature, I did not take
10 it into account for my assessment because my assessment
11 was not a risk assessment. My assessment was about
12 determining sexually violent predator status.
13 Q And does the determination that you've made
14 include an assessment of the criteria likely to
15 re -offend?
16 A It does.
17 Q Is that a risk assessment criteria?
18 A It is one factor.
19 Q Is the likelihood of re -offending among an aging
20 population addressed in the literature of which the
21 Barbaree and Blanchard article is a portion?
22 A To the Barbaree and Blanchard --
23 Q Yes or no would be helpful, and then you can
24 explain.
25 MR. RYAN: I would object to that, Your 78 1 KRISTEN F. DUDLEY, PSY.D. - CROSS
2 Honor. If she wants to answer the question, she should
3 be permitted to.
4 THE COURT: All he's asking her to do is
5 start with yes or no and then answer the question after
6 that.
7 THE WITNESS: Could you repeat your
8 question, please?
9 MR. GREEN: Could I have it read back,
10 please?
11 (Whereupon, the court reporter read back
12 the following:
13 "QUESTION: Is the likelihood of
14 re -offending among an aging population
15 addressed in the literature of which the
16 Barbaree and Blanchard article is a
17 portion?)
18 THE WITNESS: The answer is yes.
19 BY MR. GREEN:
20 Q How would you account for the age of the defendant
21 in your assessment of likelihood to re -offend?
22 A I accounted for it and then discounted it.
23 Q Can you identify a place in your report where you
24 identified the age of the defendant and discounted in
25 likelihood to re -offend? 79 1 KRISTEN F. DUDLEY, PSY.D. - CROSS
2 A I cannot.
3 Q That's because you didn't include it in your
4 report; is that correct?
5 A That is correct.
6 Q How about the likelihood of re -offending between
7 2004 and 2018? Did you identify that in your report as
8 a relevant criteria?
9 A I'm sorry. I don't understand your question.
10 Q Okay. Do you agree that there has been no
11 credible or prosecuted claim of misconduct by Mr. Cosby
12 since 2004?
13 A Not that I'm aware of.
14 MR. RYAN: I would object to that, Your
15 Honor. Same objection that we had before about
16 uncharged conduct.
17 THE COURT: He's just asking a question.
18 MR. GREEN: The absence of conduct is
19 not proof of the underlying conduct; therefore --
20 THE COURT: He's asking a question is
21 there something she was aware of. The question of
22 whether she can use it in her assessment is one the
23 Court makes, so overrule your objection.
24 THE WITNESS: I am unaware of any new
25 cases between 2014 and -- 2018 you asked? 1 KRISTEN F. DUDLEY, PSY.D. - CROSS 80
2 BY MR. GREEN:
3 Q Yes. This is 2018.
4 A Yes. I'm aware.
5 Q Based on the opinions that you've expressed so
6 far, would you have expected there to have been
7 re -offending between 2004 and 2018?
8 A Not necessarily.
9 Q Okay. How frequently would you expect the
10 likelihood of re -offending to manifest itself in an
11 81 -year -old person? Because if it hasn't happened in
12 the last 14 years, how far forward should we look to
13 expect to see it? 410 14 MR. RYAN: Objection, Your Honor.
15 Compound question.
16 THE COURT: Overruled. If she can't
17 understand it, she can ask him to reask it.
18 THE WITNESS: I don't have a crystal
19 ball, so I cannot predict with accuracy when an
20 offender or when a defendant is going to re -offend.
21 BY MR. GREEN:
22 Would you have expected in 2004 that re -offending
23 would be likely to occur in the next 14 years?
24 A Not necessarily.
25 Q Okay. Would you expect it to occur in the next 14 81 1 KRISTEN F. DUDLEY, PSY.D. - CROSS
2 years?
3 A Potentially.
4 Q Potentially, but likely? And if so, on what
5 criteria do you find it to be likely to occur in the
6 next 14 years?
7 A Based on Mr. Cosby's history. He has the
8 opportunity to meet women. He is an esteemed member of
9 the community. Using his power and prestige within the
10 community, he is able to meet people, befriend them.
11 And it is during the course of the friendship that the
12 sexual offending occurs.
13 So just because it hasn't happened as of
14 yet doesn't mean that it won't happen. Because of the
15 paraphilia, I believe it is likely to reoccur.
16 Q And tell the judge why it's more likely to reoccur
17 in the next 14 years than in the last 14 years, if you
18 can articulate any such reason.
19 A I cannot.
20 Q In the next 14 years, do you expect that Mr.
21 Cosby's uncited condition is likely to change?
22 A Likely to change?
23 Q Do you acknowledge that he is terminally blind,
24 irremediably and irreversibly blind?
25 A Yes. 1 KRISTEN F. DUDLEY, PSY.D. - CROSS 82
2 Q How is he going to go meet these people?
3 A People who have disabilities are able to meet
4 people. People who are blind are invited to functions
5 and they're able to meet people. It does not render
6 them unconscious. It does not render them unsocial.
7 Q Is he more likely to meet such a person in the
8 next 14 years than in the last 14 years?
9 A How do we know that his future victim hasn't
10 already been met?
11 Q The beauty of this is I get to ask the questions
12 and you only get to answer them.
13 A I apologize. It is possible that he will meet
14 people, someone. It is possible that he has already
15 met someone who will be -- could be a future victim.
16 Q In the last 14 years?
17 A It is possible that that person has already been
18 met, yes.
19 Q But you'll agree that whoever he's met in the last
20 14 years, he hasn't re -offended in that time; is that
21 correct?
22 A There have been no new allegations within the past
23 14 years that I'm aware of.
24 Ma'am, when you wrote your report, you relied on
41, 25 the police reports prepared by all of the people that 1 KRISTEN F. DUDLEY, PSY.D. - CROSS 83
2 the District Attorney collected reports from; is that
3 correct?
4 A I reviewed all the police reports.
5 Q But when you limit yourself to the witnesses who
6 testified here, the factual information about
7 underlying conduct is pretty old, isn't it?
8 A It is.
9 Q It mostly concerns things that happened in the
10 '80s, doesn't it?
11 A I believe so.
12 Q And before 2004, when was the last most recent
13 complaint voiced by one of those witnesses? 411 14 A Out of the women who testified, I -- I don't know
15 off the top of my head. I have the information, but
16 not off the top of my head.
17 Q Let's talk for a couple of minutes about the
18 DSM-5. The paraphilic disorder that you've described
19 is new to the Diagnostic and Statistical Manual; is it
20 not?
21 A I believe so, yes.
22 Q And when was the DSM-5 published? Do you know?
23 A I believe two years ago.
24 Q Excuse me?
410 25 A I believe -- I want to say like 2016. 84 1 fi KRISTEN F. DUDLEY, PSY.D. - CROSS
2 Q Okay. And there's a process it goes through by
3 which it's drafted and then submitted for comment?
4 A Yes.
5 Q And it's adopted by the APA at meetings; is that
6 correct?
7 A That's correct.
8 Q But that process probably takes 12 or 18 months?
9 A Easily.
10 Q Before DSM-5, the act of engaging in sexual
11 relations without the informed consent of the other did
12 not constitute a paraphilic disorder, did it?
13 A I'm sorry. Could you repeat your question?
14 Q What you've said here -- tell me if I'm
15 summarizing this properly.
16 A Okay.
17 Q -- is that under DSM-5, Mr. Cosby's conduct of
18 engaging in sexual relations with people you describe
19 as not effectively consenting?
20 A Yes.
21 Q With me so far?
22 A Yes.
23 Q That that constitutes a paraphilic disorder within
24 the meaning of DSM-5; is that correct? 0 25 A That's correct. 85 1 KRISTEN F. DUDLEY, PSY.D. - CROSS
2 Q That conduct did not constitute a disorder before
3 DSM-5 was published and approved; correct?
4 A I am not sure what category it would be classified
5 under, whether it would be DSM-5 or ICD-9 or 10.
6 Q Well, can we agree that in 2004 the conduct that
7 you've described did not constitute a diagnosed
8 condition under the then applicable DSM which I think
9 was like one of the twos?
10 A Since I don't have the DSM-IV or 5 memorized, I
11 would actually need to see a copy of it in order to
12 answer that question more fully.
13 Q Can we narrow it down and say this is new?
14 A This classification is -- the language and the
15 title is new, yes.
16 Q And it's new because it's promoted in forensic
17 psychiatry to address this precise question of forensic
18 assessments of sex offenders; right?
19 A That may be a reasonable assumption.
20 Q Well, it says it right in the DSM-5 summary,
21 doesn't it?
22 A Yes.
23 Q Then what happened was the DSM was changed to make
24 it easier to classify this conduct as a disorder; is
25 that correct? 1 KRISTEN F. DUDLEY, PSY.D. - CROSS 86
2 A Yes.
3 Q And that happened within the last two years, not
4 anywhere near 2004; is that correct?
5 A Yes.
6 MR. GREEN: May I have a moment, Your
7 Honor?
8 (Pause.)
9 BY MR. GREEN:
10 Q I don't want to spend a lot of time on this. If
11 this is if you think that this requires more detail
12 than you have available in your report, please tell me.
13 Okay?
14 A Yes.
15 Q You know the diagnostic criteria for paraphilic
16 disorder involving non -consenting victims in DSM-5?
17 A Again, I don't have it -- I don't have the DSM
18 with me, so I can't spout it off the top of my head.
19 Q Do you see any evidence that -- in the witnesses
20 who testified that Mr. Cosby suffered from a
21 voyeuristic disorder?
22 A I did not come to that conclusion. I did not see
23 evidence of that.
24 Q An exhibitionist disorder?
41) 25 A I did not see evidence of that. 8 7 1 KRISTEN F. DUDLEY, PSY.D. - CROSS
2 Q Or any of the other identified disorders that
3 underlie the paraphilic disorder identified in DSM-5?
4 A No, I didn't.
5 Q You know that there are four underlying disorders
6 that are classified in the paraphilic disorders in the
7 DSM-5?
8 A Four, okay.
9 Q I'm not asking you what they are. You know that
10 there's four of them?
11 A Sure, yes.
12 Q We agree that Mr. Cosby doesn't fit into any of
13 those precisely; correct?
14 A That is correct.
15 Q And that's sufficient under DSM-5 to make
16 inapplicable this paraphilic disorder diagnosis, isn't
17 it?
18 A Yes.
19 Q Now, did you make any judgments about whether any
20 of the people who testified had voluntarily consumed
21 whatever intoxicant was involved? Did you make
22 judgments about the adequacy of the consent?
23 A Did I make judgments about whether the --
24 Q Who decided that whatever Ms. Constand took, she
25 took involuntarily? 1 KRISTEN F. DUDLEY, PSY.D. - CROSS 88
2 MR. RYAN: I'd object to relevance, Your
3 Honor.
4 THE COURT: Overruled.
5 THE WITNESS: Well, with Ms. Constand,
6 my understanding is --
7 BY MR. GREEN:
8 Q No. The question is who decided that it was not
9 voluntary? Was it you or did somebody tell you?
10 MR. RYAN: I would object and ask that
11 this witness be permitted to finish the answer that she
12 was providing.
13 MR. GREEN: It's not a responsive
14 answer.
15 MR. RYAN: Well, let's get to the end of
16 it and figure out if it's responsive or not.
17 THE COURT: Well, you two aren't going
18 to solve this problem. Ask your question again. And
19 if there something that appears in a statement or the
20 like, that will be a good start.
21 BY MR. GREEN:
22 Q Who made the determination that Mr. Constand did
23 not voluntarily consume whatever medication she
24 consumed? Who made that decision?
25 A I believe Ms. Constand made that determination. 1 KRISTEN F. DUDLEY, PSY.D. - CROSS 89
2 Q And you accept her testimony in that regard and
3 that's your determination; is that correct?
4 A The jury accepted her -- the way you're asking
5 these questions -- it's not mine to make a judgment
6 about the witnesses. That was for the jury to decide.
7 And that's how we came up with the verdict -- they came
8 up with the verdict. I read the trial transcripts.
9 And by basis of the outcome, this was now presented to
10 me as a fact now in evidence. It was a fact.
11 So Ms. Constand did consume the alcohol
12 and the medication that she was told was something
13 other -- that she was not expecting it to render her
14 unconscious. She was not expecting it to lead to a
15 sexual relationship or sexual encounter with Mr. Cosby.
16 Q Why don't you stop there and pick up your
17 glasses
18 A Thank you.
19 Q -- so you're not handicapped in that way.
20 Did you go through the same process with
21 respect to the other witnesses who testified at the
22 trial?
23 A I did.
24 Q Made some assessment of their testimony to reach . 25 your conclusion? 1 KRISTEN F. DUDLEY, PSY.D. - CROSS 90
2 A I did.
3 Q Because a required element of this diagnosis, this
4 paraphilic disorder, is non -consenting; right?
A Yes.
6 Q And that's your judgment in this case,
7 non -consenting?
8 A Yes.
9 Q And you made that determination based on the
10 testimony that you reviewed?
11 A Yes.
12 Q Do you think it -- did you come to the conclusion
13 that Mr. Cosby's relationship with Ms. Constand was
14 only for the purpose of victimization?
15 A No.
16 Q That's what you wrote in your report though.
17 A That's not what I wrote in my report.
18 Q Did you describe predatory behavior?
19 A I did.
20 Q Did you describe that relationship as initiated,
21 established, maintained or promoted in order to
22 support --
23 A In whole or in part.
24 Q I'm going to come back to that, trust me. I'm
25 going to get the whole sentence. 1 KRISTEN F. DUDLEY, PSY.D. - CROSS 91
2 A Okay.
3 Q -- or promoted in order to support or facilitate
4 victimization?
5 A Yes.
6 Q And then you say "in whole or in part". You need
7 to answer it so the court reporter has something to
8 write.
9 And then you said "in whole or in part"?
10 A That is part of the definition, yes.
11 Q And did you decide what part?
12 A Did I decide what part?
13 Q Yeah. These people had a relationship for some
411 14 period of time. How and when did you go about deciding
15 what was predatory?
16 A The night of the instant offense. The night that
17 Ms. Constand was sexually assaulted. That was the
18 part.
19 Q That's the predatory part in your opinion?
20 A That was the predatory part.
21 Q The other 18 months don't enter into that?
22 A Yes and no. It's about multiple relationships
23 within a relationship.
24 MR. GREEN: That's all I have, Your . 25 Honor. 92 1 KRISTEN F. DUDLEY, PSY.D. - REDIRECT
2 THE COURT: Redirect examination.
3 MR. RYAN: Yes, Your Honor, briefly.
4
5 REDIRECT EXAMINATION
6 BY MR. RYAN:
7 Q I saw you dropped your glasses there for a minute.
8 You still felt comfortable talking to Mr. Green; right?
9 A Yes.
10 Q Interacting with him?
11 A Yes.
12 Q Didn't totally inhibit your ability to communicate
13 as a human being?
14 A Not at all.
15 Q Okay, good.
16 So I want to ask you just a few
17 questions about some of the questions Mr. Green asked.
18 With regard to the DSM-IV, I understand that you don't
19 have a copy in front of you; right?
20 A Correct.
21 Q Now, if I told you that there was a
22 characterization -- a section, a diagnosis in the
23 DSM-IV that was entitled "other specified paraphilic
24 disorder" -- I'm sorry, "paraphilia not otherwise
25 specified", does that sound familiar to you? 1 KRISTEN F. DUDLEY, PSY.D. - REDIRECT 93
2 A It does.
3 Q And the DSM-IV, that was issued in 1994; is that
4 correct?
5 A That is correct.
6 Q And the difference between the DSM-IV and the
7 DSM-5 is that the DSM-5 breaks that diagnosis down into
8 two, which is other specified paraphilic disorder or
9 unspecified paraphilic disorder; is that correct?
10 A That is correct.
11 MR. GREEN: Objection to the leading,
12 Your Honor. I want the witness to testify.
13 THE COURT: Try to do it in a
41/ 14 non -leading fashion.
15 MR. RYAN: I'll try.
16 BY MR. RYAN:
17 Q As you know and understand it to your personal
18 knowledge, no new "allegations" have come out since
19 2005 against the defendant?
20 A That is my understanding.
21 Q Of course, you don't have personal knowledge that
22 it did or did not occur?
23 A That's correct.
24 Q And you'd agree with me that incidences of sexual
25 assault often are unreported? 1 KRISTEN F. DUDLEY, PSY.D. - REDIRECT 94
2 A That is correct.
3 Q And in fact, often dramatically underreported?
4 A Correct.
5 Q Now, with regard to your testimony about
6 conducting an SVP assessment and not a risk assessment,
7 that's what I want to ask about. Okay?
8 A Yes.
9 Q Is it true that, according to Dengler and the law
10 in Pennsylvania, that the 14 factors are, in fact, not
11 factors to be used for a risk assessment?
12 A That's correct.
13 Q And they're designed for an SVP assessment?
14 A That is correct.
15 MR. RYAN: If I could just have a
16 moment, Your Honor.
17 (Pause.)
18 BY MR. RYAN:
19 Q Any of the answers you might have provided to
20 Mr. Green in response to cross-examination that I may
21 not have covered during direct examination, any
22 opinions you offered would still be held to a
23 reasonable degree of professional and scientific
24 certainty?
25 A Yes. 95 1 KRISTEN F. DUDLEY, PSY.D. - RECROSS
2 MR. RYAN: Those are all the questions I
3 have, Your Honor.
4 THE COURT: Final recross.
5 MR. GREEN: May I have just a couple?
6 THE COURT: I just said final recross.
7 RECROSS-EXAMINATION
8 BY MR. GREEN:
9 Q The likely to re -offend criteria requires an
10 assessment of the risk of re -offense; is that correct?
11 A That is correct.
12 Q The literature on re -offense suggests that the
13 likelihood of re -offending decreases markedly as age
14 increases; is that correct?
15 A That is correct.
16 MR. GREEN: Thank you very much.
17 THE COURT: Okay. Thank you very much.
18 You may step down.
19 Let me ask you one question, however.
20 There were two pieces of evidence that the Court
21 questioned you on and also supplied. Did you make --
22 are your opinions that you have given this Court, are
23 you able to continue to have those opinions -with the
24 advice of the Court as to whether the Court would allow
25 you to consider the proffered testimony and the 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 96
2 non -testimonial? Were you able to do that?
3 Meaning the proffered testimony being
4 what you supplied, you picked up, you read, but would
5 it change your opinion if you were not to have
6 considered the proffered testimony as opposed to the
7 actual delivered testimony? Would it change your
8 opinion?
9 I'm not making myself clear?
10 THE WITNESS: I'm sorry.
11 THE COURT: Again, you started this off
12 that you picked up a box with a lot of material that
13 had what we call proffered testimony. That was
III 14 something between the District Attorney and a number of
15 people that they called prior victims. And they
16 supplied it to the Court in an effort to have them
17 called as 404(b) witnesses. And that was both in the
18 first trial and the second trial.
19 You're aware of that?
20 THE WITNESS: I am aware of that.
21 THE.COURT: And thereafter, the Court
22 permitted one to testify in the first trial and five to
23 testify in the second trial for a total of six whose
24 testimony under oath is part of the record in this
25 case. 97 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 THE WITNESS: Yes.
3 THE COURT: Did you in your reliance
4 upon your opinion, in reliance upon this testimony form
5 your opinions, can you excise, meaning not consider the
6 proffered testimony as opposed to only the trial
7 testimony of those six individuals?
8 THE WITNESS: Yes.
9 THE COURT: Second, you were supplied
10 the report of Dr. Foley. Have you fully considered
11 that report in your opinion?
12 THE WITNESS: I have.
13 THE COURT: Thank you very much. Does
411 14 it change your opinion?
15 THE WITNESS: It does not.
16 THE COURT: Thank you very much.
17 If that probes any questions on either
18 side, she's your witness. Any questions?
19 MR. RYAN: No, Your Honor. Thank you.
20 MR. GREEN: No. Thank you, Your Honor.
21 THE COURT: Thank you very much, ma'am.
22 You may step down.
23 (Witness excused.)
24
25 THE COURT: Do you have any other 98 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 witnesses, Mr. Ryan?
3 MR. RYAN: No, Your Honor.
4 THE COURT: Does the defense wish to
5 call any witnesses?
6 MR. GREEN: I do, Your Honor, but I have
7 a scheduling issue in that regard. Can counsel see the
8 Court at sidebar regarding what your plans are for the
9 schedule?
10 THE COURT: You can approach.
11 - - -
12 (Whereupon, a conference was held at
13 sidebar, not reported.)
14 - - -
15 THE COURT: All right. Mr. Green,
16 you've informed the Court here at this stage that, you
17 know -- again, I reference your letter of -- to counsel
18 of September 11th of 2018 at which time you made Dr.
19 Foley's report available to this Court.
20 It says: "Attached is the report of Dr.
21 Timothy Foley referenced in the defendant's Sentencing
22 Memorandum." The copies have been provided to Mr.
23 Steele as Mr. Steele has acknowledged he received. You
24 said: "A separate and different report would be
25 required if an SVP Hearing is to be held." 99 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 So at this stage, you know, there was
3 nothing further -- any communication from this Court
4 other than we set two days for sentencing. And the law
5 requires that an SVP Hearing be held before sentencing
6 if, again, this Court did not grant your motion to
7 declare the statute unconstitutional.
8 There has been nothing else other than
9 apparently an assumption that there would be a period
10 of time or the Court would have decided that motion
11 earlier, but there was neither any requests to do that,
12 nor did the Court appropriately set this time for two
13 days to have the hearing.
14 Now, you clearly advised the Court that
15 you put him on call because he had another commitment
16 for tomorrow morning, so, I mean, you put the Court in
17 a tough spot. I could sit there and say, Well, I'm
18 sorry, I don't know why you'd make such assumption, why
19 you led us to believe there was actually another
20 report. But to deny you the right to call someone that
21 is at least going to opine regarding this Court's
22 necessary determinations under the sexually violent
23 predator would be not proper.
24 But I lay it all at your foot,
25 Mr. Green, because this is nothing that Mr. Steele gave 100 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 you any advice or I gave you any advice. You merely
3 thought something was going to occur and you scheduled
4 him for tomorrow.
5 Now, I don't know whether his schedule
6 has changed or whether what he was doing this morning
7 can be done this afternoon. We're permitted to
8 continue to work. So I need you at this stage -- I
9 obviously cannot -- I am not permitted to sentence the
10 defendant until I've made a determination of an SVP.
11 I don't read anything that says I can't
12 continue with a Sentencing Hearing and then simply make
13 the determination regarding SVP prior to imposing the
14 sentence on the defendant.
15 Does anybody disagree with that?
16 MR. RYAN: Yes. It's my understanding
17 of the law that the defendant can waive the SVP aspect
18 and proceed to sentencing. So that if there's a
19 waiver, we can sentence today and certainly we can come
20 back tomorrow to finish up SVP.
21 THE COURT: Why would we do that?
22 MR. RYAN: Because we're allowed to.
23 THE COURT: I understand. But,- again,
24 this is, you know, a case in which he is -- you know, 0 25 he also intends to call Dr. Foley, as the original 101 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 assumption was in your e-mail, as simply a witness on
3 behalf of the defendant. So I would be incapable of
4 sentencing the defendant today because he wouldn't have
5 presented all his witnesses.
6 Now,. again, I wish this wouldn't have
7 happened. Had you communicated, it might have, you
8 know, had an ability to secure Dr. Foley for this
9 important case that we've only set two days for.
10 So I'm stuck. I mean, I am going to
11 implore you over this luncheon break to call him and
12 make sure that -- his office is listed as being in
13 Ardmore. Maybe he suddenly became available. And if
14 he said he isn't, then we'll have to deal with it. But
15 that doesn't stop you from other witnesses.
16 MR. GREEN: May I address the Court?
17 THE COURT: Yes.
18 MR. GREEN: It had been my intention to
19 ask for permission to make the equivalent of a demurrer
20 to the Commonwealth's case on the SVP question when
21 they concluded their evidence. I understand that
22 evidence would be concluded, and I'd like to be able to
23 make that --
24 THE COURT: We can do that, but I want
25 to get scheduling down. If you're going to demur and 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 102
2 it's denied, then it quickly moves to your case. And
3 the practical aspects of it is you're not prepared to
4 go forward with a witness right now until tomorrow
5 morning. And I'm simply directing you to give him a
6 call again, find out. We work until 4:30.
7 I don't want to run into a situation,
8 but I will hear your demurrer on the SVP at this stage
9 simply because you're asking for it. We will, but I
10 don't want to change the focus. If I deny your
11 demurrer, you'd need a witness. And you'd need a
12 witness anyway. You need him.
13 And there was nothing that you ever
14 requested to say Hey, you know, I want to call Foley
15 for sentencing purposes and he's not available until
16 Tuesday. So lack of communication has put us in a
17 tough spot. Let's move forward because I can't deny
18 you calling a witness on behalf of your client.
19 All right. So at this stage I'll take
20 under consideration -- you're going to make your
21 demurrer argument. The Commonwealth has no other
22 witnesses; right?
23 MR. RYAN: Correct, Your Honor.
24 THE COURT: Move to demurrer.
25 MR. GREEN: There are two grounds on 103 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 which the Commonwealth's evidence is insufficient as a
3 matter of law to establish the SVP criteria.
4 The first is because Dr. Dudley
5 acknowledged on cross-examination that in order to meet
6 the diagnostic criteria for the paraphilic disorder
7 that she offers, the defendant has to meet one of four
8 underlying diagnostic diagnoses. And he doesn't meet
9 any of them. And that's just a matter of fact. And
10 you can't fix that.
11 In addition to that, the defendant's
12 conduct would not have met any diagnostic criteria at
13 the time the conduct occurred, according to the
14 Commonwealth's witness. And so this is a classic ex
15 post facto application of both law and fact. It's a
16 mixed law and fact question.
17 They're changing the definition of an
18 element after the conduct occurred to meet this new
19 criteria. That's ex post facto because this is
20 punishment. That's the diagnostic criteria. But
21 that's even -- that's not even as bad as the likely to
22 re -offend criteria.
23 THE COURT: You're saying the DSM in
24 2016 is what you're talking about?
25 MR. GREEN: Yes, sir. What the witness 104 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 said is prior to 12 or 18 months ago, the defendant's
3 conduct would not have met a diagnostic criteria. And
4 that's the basis on which she had to concede that he
5 doesn't meet any of the four underlying diagnoses.
6 And so in the sense that the guidelines
7 can't be changed and applied subsequent to the
8 conduct -- and that's the generally accepted
9 principle -- this is exactly the same. They're
10 changing the definition to encompass more conduct to
11 get him into that criteria. And that expansion of
12 culpable conduct after the fact would be prohibit by
13 the ex post facto clause of the state and federal
14 Constitution.
15 THE COURT: So ex post facto law as
16 applied to the changes, the periodic updates of the
17 DSM. So clearly the legislature -- I don't know if
18 they make any determinations. I will look at the
19 current definition. Did they reference under mental
20 abnormality --
21 MR. GREEN: The statute didn't change,
22 just like the guidelines weren't a change in the
23 statute. What happens is the ex post facto clause
24 prohibits the expansion of the group or bucket of
25 conduct that meets the statutory definition. That's 105 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 the guidelines problem. That's why the guidelines from
3 2005 can't be applied in this case, because it expands
4 the conduct that would otherwise --
5 THE COURT: I understand.
6 MR. GREEN: So here that's exactly
7 what's happening because what they've done is -- what
8 Dr. Dudley or the Commonwealth seeks to have you do is
9 to expand the definition of diagnostics, the diagnostic
10 criteria, if you will, expand the illness piece to
11 cover more ground.
12 THE COURT: But that's testimonial --
13 MR. GREEN: No.
14 THE COURT: -- meaning her testimony was
15 one of the sources that she utilized in order to reach
16 a determination of mental abnormality. That's just one
17 of the resources.
18 Now, whether she should be questioned as
19 to what her knowledge was of the, you know, the DSM
20 whether it was III or IV, that was, you know -- I don't
21 know, but I can't see any cite in the actual law saying
22 in reaching the determination of mental abnormality it
23 will include definitions of some underlying, you know,
24 condition.
410 25 MR. GREEN: I can -- 106 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 THE COURT: You've got to let me finish.
3 MR. GREEN: I'm sorry. I apologize.
4 THE COURT: You hate it when I interrupt
5 you. You know, that -- I mean, all they define is a
6 congenital or required condition of a person that
7 affects the emotional or volitional capacity of a
8 person in a manner that predisposes the person in the
9 commission of a criminal sexual act to a degree that
10 makes the person a menace to the health and safety.
11 Let me finish. So she kept using the
12 term mental or abnormality personality disorder. Now,
13 the statute doesn't say that. That's just part of her
14 testimony which I heard to say the mental abnormality
15 is the personality disorder. And then she cites, you
16 know, where paraphilia and the definition has happened.
17 So you want me to use a DSM and the
18 criteria that she used, which is 2016 and beyond
19 criteria, for paraphilia and apply it to conduct that
20 occurred in 2004.
21 MR. GREEN: Can I tell you where I part
22 company with that analysis? The legislature used the
23 term "condition". That's the element.
24 THE COURT: Where did they use the term
25 "condition"? Just give me -- I'm just not sure what -- 107 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 sexual violent offender? A congenital or acquired
3 condition.
4 MR. GREEN: Condition. It's the
5 condition.
6 THE COURT: Okay.
7 MR. GREEN: And the condition has to be
8 a diagnosed condition.
9 THE COURT: Does it say that?
10 MR. GREEN: Well, what condition can't
11 mean -- condition has to mean something. It can't mean
12 everything.
13 THE COURT: I don't know that. You
14 bring me a case. I got a lot of cases. But, I mean,
15 if a condition meant what you say it meant, then why
16 wouldn't the legislature recognize the diagnostic
17 manual? They'd say both find some type of condition
18 that's listed in a diagnostic manual and that will
19 satisfy that because it's that abnormality that then
20 gets applied to the definition of sexually violent
21 predator.
22 MR. GREEN: Let me just say one other
23 thing and leave it at this. If "condition" doesn't
24 mean diagnosed condition, then this statute is so
25 overbroad it couldn't possibly be applied. The word 108 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 condition" has to have some content. And it's always
3 been interpreted as a diagnosed condition. It has to
4 meet a diagnostic criteria. That's what we've all
5 lived with for the last 25 years or 20 years.
6 And what they're doing is they're
7 changing the definition. Not in the statute, but in
8 the definition that's applied just like the guidelines.
9 I'll leave that there.
10 THE COURT: Let me ask you. I'm not
11 going to make this decision right now. I'm going to
12 hear the Commonwealth's argument. But, on the other
13 hand, can you get me some -- you didn't raise it in
14 your brief, I don't believe, did you?
15 MR. GREEN: No.
16 THE COURT: So this is raised today
17 after you heard the testimony. If you're not going to
18 be able to call Dr. Foley, then it's incumbent upon you
19 to get me something that indicates this. I know
20 exactly what you're talking about, but this hasn't been
21 raised in the 22 years or so that these definitions
22 have been around.
23 What are we basing it on?
24 MR. GREEN: The problem is this DSM-5
25 has been expanded in the last 12 to 16 months to 109 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 attempt or purport to include lots of new conduct.
3 That's why this question hasn't come up.
4 THE COURT: I hear your argument. But,
5 you know, having no cases, you're asking this now to
6 become a case of first impression. And I've got to
7 deal with it. That too, I've got to look at it. So if
8 you can find something over the luncheon break, it
9 would be rather helpful.
10 MR. GREEN: We'll put that with that is
11 one of the two problems, two pieces of it.
12 The other is likely to re -offend. No
13 reasonable fact finder could conclude by clear and
411 14 convincing evidence likely to re -offend on this
15 evidence. And this is not, you know, a preponderance
16 and maybe 51 percent. This has to be clear and
17 convincing likely to re -offend, statutory element.
18 The facts here, as the witness has
19 acknowledged, are that the scientific evidence is that
20 likelihood decreases with age. There's no reasonable
21 prospect that an 81 -year -old blind man is likely to
22 re -offend. And nobody can conclude to the contrary by
23 clear and convincing evidence. One could believe, Dr
24 Dudley's entitled to say, but it can't be proved by
25 clear and convincing evidence. 110 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 THE COURT: But she gave her evidence
3 and you would have been able today to follow up with
4 Dr. Foley who apparently supports your argument. And
5 you're going to plan on presenting him maybe this
6 afternoon, but tomorrow at the very least. So that
7 basis I'm having trouble with.
8 I hear you, but your other basis I'm
9 giving you an opportunity on since I can't conclude an
10 SVP determination by the scheduling error that you've
11 done here until I hear all the evidence.
12 So I understand the standard. And if I
13 can make a standard like a demurrer to the
14 Commonwealth's case, I will, but I'm going to need a
15 little bit more on your change in the diagnostic
16 criteria.
17 MR. GREEN: Okay.
18 THE COURT: Do you have anything more
19 you want to say?
20 MR. RYAN: Yes.
21 THE COURT: Okay. Then I'll listen..
22 MR. RYAN: So I'll raise this now only
23 because I think we transitioned from discussing Dr.
24 Foley and testimony into the demurrer stage. I would
25 like to be heard with regard to clarifying whether 111 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 there's another report and what the testimony is going
3 to be.
4 I also have an objection based on the
5 letter that, as I understand it, may be this expert
6 report. But I don't need to handle that now if you
7 want to do that after.
8 THE COURT: Well, let me see if I can
9 help you with the clarification.
10 MR. RYAN: Sure.
11 THE COURT: He clearly identified Dr.
12 Foley.
13 MR. RYAN: Yes.
14 THE COURT: Okay. So if he led you to
15 believe that there would be another report, you've
16 already given your justification why you didn't do
17 anything with it, because Mr. Steele's already said he
18 didn't think that he had to give this report to her
19 because Mr. Green himself said there would be another
20 report.
21 Today we learned there is no other
22 report. There is not one. And there's also no Dr.
23 Foley. So to simply say Okay, because of some kind of,
24 you know, foul-up in communication or misassumption by
25 his part, I'm hearing you say that he should not be 112 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 allowed to call him at all?
3 MR. RYAN: Yes.
4 THE COURT: He's now told you that's the
5 sum and substance of his report, and he's now told you
6 he'd be here hopefully this afternoon or tomorrow
7 morning.
8 MR. RYAN: Right. And so it was my
9 understanding from sidebar that the testimony would
10 speak to likelihood of re -offending and something with
11 regard to the DSM-5. I don't know what that is because
12 there's nothing about it in this letter.
13 In addition, the letter very clearly
14 states that it is a risk assessment which Dengler
15 specifically says an SVP assessment is not. So I would
16 object to his testimony on that basis. Based on his
17 report, it's not proper for him to testify.
18 THE COURT: Mr. Ryan, he clarified the
19 other reasons as well. Most of his cross-examination
20 had regards to risk of re -offending of the aging
21 population.
22 So I hear you, but I am not going to --
23 you know, I mean, it is clearly delaying this, but he
24 has a witness and he's going to try to get him in
25 today. I hear you, but I'm not going to deny the 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 113
2 Motion for Demurrer on the basis that he hasn't
3 supplied the correct information.
4 MR. RYAN: Right. And I'm not speaking
5 to demurrer stage. I'm going to do that. I raised a
6 general objection to his testimony and I understand
7 Your Honor's rulings.
8 THE COURT: I got you.
9 MR. RYAN: With regard to Mr. Green's
10 arguments, first and foremost, of course this ex post
11 facto issue is being raised for the first time in this
12 context right here. So I understand the Court may do
13 research over the luncheon break, Mr. Green may.
411 14 I would ask Your Honor to consider and
15 look at the filings that the Commonwealth made with
16 regard to the 5920 expert. As I recall, there was a
17 similar ex post facto argument made in that context,
18 believe by Ms. Agrusa and Mr. McMonagle, but there's
19 been so many lawyers I'm having trouble remembering.
20 THE COURT: Ms. Agrusa?
21 MR. RYAN: Yes. I would suggest based
22 on my recollection of that law that it would follow
23 similar lines here in that this is statutory, is not
24 punitive, it cannot be ex post facto.
25 Beyond that, however, when you look at 114 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 the testimony that's before Your Honor in this respect,
3 you heard Dr. Dudley testify about the differences
4 between the DSM-5 and the DSM-IV, that difference being
5 that you're talking about different terminology. And
6 that's essentially what I understood Dr. Dudley's
7 testimony to be.
8 So even if you were -- or, I should say,
9 setting aside the ex post facto issue, what Dr. Dudley
10 testified to and certainly at this stage should be
11 taken in the light most favorable is that the DSM-IV
12 had a broad classification that this would fall under
13 and the DSM-5 simply broke it down into two different
14 categories, and so it was simply more of a specific
15 diagnosis in this sense. So in terms of where we are,
16 I would suggest that her testimony should be accepted
17 and we should move past this stage of demurrer.
18 Now, with regard to the likelihood to
19 re -offend, again, at this stage I would suggest to the
20 Court that the defendant hasn't been able to suggest in
21 any legitimate way that the Commonwealth hasn't met our
22 burden. He had cross-examination. There's been no
23 substantive evidence offered for the Court to consider.
24 What you have is Dr. Dudley giving her expert opinion
25 about this single factor in the overall mental 115 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 abnormality context.
3 And again, with Dengler and other cases
4 that have elaborated on SVP, no single factor or the
5 absence of it should be waived, but rather it is a --
6 it's the presence of factors that is significant as
7 opposed to the absence.
8 Thank you.
9 THE COURT: All right. Over the
10 luncheon break the Court will take under advisement --
11 again, I implore you, Mr. Green, to impose on Dr. Foley
12 if there is any possibility that he can change --
13 again, if he's in the office today and he can get out
14 here, it is not that long to get from Ardmore to here.
15 Again, I said this was -- I'm not going
16 to deny you the right to call someone, but clearly you
17 made assumptions that he would not be necessary. I
18 think the statute makes it kind of clear that I have to
19 do this first before I can move on to anything.
20 Now, depending on that, I intend -- if I
21 can't make a ruling on the SVP, then we will move
22 forward with sentencing testimony. So if there's
23 testimony or things in the record, arguments, we should
24 be able to use the better part of the afternoon to do
25 both sides. 116 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 So there's nothing to prevent -- I just
3 am prevented -- I may not impose sentence without
4 having made the SVP determination. Simply under the
5 law I'm not going to without that being done. So are
6 we clear what we should be doing over the lunch?
7 Preparing for sentencing because I'll move on to that.
8 Sentencing, I would think -- again, if
9 there are any other -- I'll state the purpose of
10 sentencing, I'll talk about the materials I have
11 considered in sentencing. At that stage I'll then see
12 if the Commonwealth has any sentencing witnesses or any
13 additional documentation, if the defense has any
14 sentencing witnesses or additional documentation, the
15 arguments of counsel.
16 And then at that stage as to the
17 defendant's right of allocution, if he does intend to
18 allocute, he can certainly do that. I'd ask during the
19 break you go over the post -sentence rights form. There
20 are some things for sentencing we can get out of the
21 way today and see where we are first thing tomorrow if
22 that's the only time Dr. Foley can come.
23 So is there anybody who doesn't
24 understand at least how the Court intends to proceed?
. 25 MR. GREEN: I understand. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 117
2 MR. RYAN: Yes.
3 THE COURT: All right. We'll be
4 recessed until about 1:30. That will be the warning.
5 We'll get started in five to 10 minutes after that.
6 - - -
7 (At 12:19 p.m., a recess was taken until
8 1:37 p.m. of the same day.)
9 - - -
10 (The following proceedings were
11 reconvened with the Court, Mr. Steele,
12 Mr. Ryan, Ms. Feden, Ms. Piatkowski, Mr.
13 Green, Ms. Redmond, Mr. Goldberger, and
14 the defendant being present:)
15 - - -
16 THE COURT: Any luck, Mr. Green?
17 MR. GREEN: No, sir.
18 MR. STEELE: Did you try?
19 MR. GREEN: Excuse me?
20 MR. STEELE: Did you try?
21 MR. GREEN: I tried.
22 THE COURT: Okay.
23 MR. GREEN: I have three numbers. I
24 tried all three, more than once. 0 25 THE COURT: All right. At this stage 118 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 let me give certain indications as at least what I have
3 considered so far so when I do turn to each side in
4 regards to what it's going to present and what I've
5 already seen may change certain decisions in that
6 regard.
7 So I'm required under law to consider
8 certain materials in preparation for sentencing. In
9 this case I have reviewed the Presentence Investigation
10 report which is dated July 25th, 2018, performed by Dan
11 Mogel and Kathleen Subbio of the Adult Probation
12 Department. Mr. Cosby was present, Joseph Green and
13 his associate, Ms. Redmond, were also present. As
14 necessary, I will remark as to the contents of that PSI
15 when I give certain reasons for sentencing and what
16 further was considered for sentencing. I also reviewed
17 the guidelines that were prepared and attached.
18 Now, in this case it's important to note
19 that the Commonwealth and the defense have agreed that
20 Counts 2 and 3 merge into Count 1. So only this Court
21 has available to sentence this defendant on one count
22 of aggravated indecent assault. That is that the
23 defendant penetrated the genitals of the victim of
24 Andrea Constand with a part of his body without consent
25 of the victim, Andrea Constand. 119 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 As an aggravated indecent assault, it
3 carries an offense gravity score of 10, a prior record
4 score of zero, with standard range sentences that must
5 fall and should fall between 22 and 36 months of total
6 confinement. The aggravated ranges and the mitigated
7 ranges under there are plus and minus 12 months.
8 There were victim impact statements that
9 were contained therein. The Commonwealth has the
10 right, if it wishes, to call those who gave victim
11 impact statements again. But the Court has reviewed
12 one of the victim, Andrea Constand, of July 4th of
13 2018; one of Gianna Constand of August 15th of 2018;
14 one of Andrew Constand, her father, dated September 6th
15 of 2018; and one of Diana Parsons, her sister, of
16 September 12th of 2018.
17 I have considered the defendant's
18 Sentencing Memorandum which is September 11th of 2018
19 containing a letter of Dr. Stanley Battle of May 17th
20 of 2018; a letter of Amy Gomez of August 22nd, 2018; a
21 letter from a Mark E. Bailey dated May 26th of 2018.
22 I read in the context as a psychological
23 examination the report of Dr. Timothy Foley dated -
24 September 11th of 2018. I read the Commonwealth's
25 sentencing memorandum in full. It did not have any 120 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 attachments thereto.
3 So at this stage the Court, with that
4 disclosure, it is again for the purpose of if either
5 party wishes to elucidate, further examine witnesses
6 that may have been contained in there or not.
7 Mr. Green did indicate at the time of
8 the Presentence Investigation, at least it's on record,
9 that he did not believe there were any modifications to
10 the Presentence Investigation that were necessary.
11 MR. GREEN: I'm sorry to interrupt you
12 because I though you were finished. If I did, I
13 apologize.
41' 14 THE COURT: There is one?
15 MR. GREEN: There is one. For the
16 record, we object to the inclusion of uncharged
17 criminal conduct that's included in the Affidavit of
18 Probable Cause in the PSI. We've made our position on
19 the record clear that we believe that uncharged
20 criminal conduct is not a proper basis for imposing
21 sentence in this case. And to the extent that that
22 Affidavit recites uncharged misconduct, we object to
23 its conclusion and consideration by the Court.
24 THE COURT: All right. So that you're
25 aware, this is again the Presentence Investigation 121 1 fi COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 performed by our Adult Probation Department. Since 411 3 they were not part of the trial, in order to give some
4 factual context to the case they generally and it will
5 be evidence here that they simply adopted the Criminal
6 Complaint.
7 The Court's only reliance, as I will
8 state again, it is the verdict of this jury and all of
9 the testimony that was adduced at the trial that this
10 jury considered and determined beyond a reasonable
11 doubt that the defendant was guilty. That would be it
12 for me, the trial testimony and the jury's verdict.
13 So that will present what -- you know,
14 wherein uncharged falls in there in terms of its
15 evidentiary, I'll, you know, consider it as I hear both
16 of you talk about trial testimony if you intend to do
17 so.
18 But I am required to and I have reviewed
19 the trial testimony in this case. And that -- if
20 there's anything in that -- and I think we'll hear
21 whether Mr. Steele considers there is -- that might be
22 the more appropriate argument. I will not consider the
23 factual findings that are claimed to be in the PSI.
24 MR. GREEN: I understand the practice 0 25 and I'm not criticizing either the writers or the 122 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 Probation Department or the PSI, but on appeal we have
3 to have made that objection at this time and so I do
4 so.
5 THE COURT: Understood. And perhaps if
6 they had -- you know, I don't know how else they would
7 do it other. They don't have availability of the trial
8 testimony to summarize it, but that happens in every
9 case whether it's proper or not. But I do not intend
10 to rely upon the Affidavit of Probable Cause since
11 there has been a conviction in this case.
12 All right. Is there anything else that
13 you feel that needs to be corrected in there?
14 MR. GREEN: No. Thank you, Your Honor.
15 THE COURT: The only other thing I would
16 note is that there -- and I will note in there, but
17 there was -- this Court had ordered a psychosexual
18 evaluation. And as is Mr. Green's right on behalf of
19 his client, he declined his client for that evaluation.
20 Anything else that's in there, then that will be part
21 of actually what I determined in terms of the PSI and
22 its relevance to sentencing.
23 So, with that background, it would
24 appear that -- again, the process that we're going to
25 be employing for sentencing is that in terms of 123 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 evidence -- and that's what the Court -- what each
3 party wants the Court to rely upon as testimonial
4 evidence or further documentary evidence that may be
5 admitted in a Sentencing Hearing.
6 I generally in my procedure treat -- the
7 Commonwealth would go first, not because they have any
8 particular burden, but they would do the first
9 presentation of any evidence or witnesses. Then the
10 defendant would present any evidence or witnesses that
11 they wish to proceed with.
12 At that stage then there would be
13 arguments of counsel. And again, I reverse it. The
14 argument of the defense would go first and then it
15 would be the argument of the Commonwealth.
16 As to the allocution right of the
17 defendant in this case, I will explain when it comes
18 time for allocution. And that will be before -- he can
19 allocute either before or after his counsel's argument
20 on his behalf. Or as long as there is a proper
21 colloquy, he may waive his right to allocution. But we
22 are not there yet and that determination can be made.
23 And I will hold that, if he so chooses, he would get
24 the last word if he so chooses. Or if he needs to
25 allocute before you deliver your sentencing argument, 124 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 he may do that.
3 But that's generally where we would
4 proceed. And then we would have to wait to complete
5 the testimony on an SVP before the Court could proceed
6 with further sentencing considerations in this case. I
7 do have to make that determination first.
8 All right. With that said, does the
9 Commonwealth have any witnesses it wishes to present?
10 MR. STEELE: Your Honor, before getting
11 to that, I'd ask to do a couple of housekeeping matters
12 and make things of record that you've referred to.
13 First off -- and I'll mark as I go
41) 14 through this. You made reference to the Commonwealth's
15 Sentencing Memorandum that was supplied to the defense.
16 I'd mark that as Commonwealth's Sentencing 1.
17 (Commonwealth Sentencing Memorandum
18 marked Commonwealth's Exhibit
19 Sentencing -1 for identification.)
20 MR. STEELE: Part of my request on doing
21 that is I am asking, as indicated in our letter to the
22 Court pursuant to your order, that I'm asking to
23 incorporate the testimony from the trials in this case.
24 And there are specific references that
25 we make to testimony within our Sentencing Memorandum 125 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 that I'd like to refer to, but it gives the background
3 on where we're going with some of those different
4 arguments.
5 THE COURT: So the record is clear, as a
6 Court is required to do -- again, the determination of
7 facts in this case has been made by the jury. They
8 have convicted this defendant of aggravated indecent
9 assault, lack of consent.
10 Now, the trial testimony in all, in its
11 total, contains those witnesses, both evidentiary and
12 whatever questions that any attorney either on
13 cross-examination or direct examination elicited are
14 part of that record. If I utilize it a certain way,
15 then I'm required under the law to say that's how I
16 utilized it or not.
17 I recognize there's an outstanding
18 objection from the defense that to utilize any of those
19 404(b) witnesses, which is what I will call them, as to
20 terms of prior uncharged conduct, then it's my duty to
21 disclose whether I've utilized them.
22 But, on the other hand, there is -- the
23 Court in reviewing all of the testimony in the case as
24 it fits together in terms of what that jury had before
25 me, you know, I'm going to have to make that 126 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 determination.
3 So I'm not going to prevent you from
4 making argument on it or referring to contents of trial
5 testimony. Both sides can do that for whatever purpose
6 they want. But that's where I'm at now, so I don't
7 need an argument.
8 There has been a prior motion filed by
9 the Commonwealth and the defense here to limit it. I
10 did issue an order presenting actual what would be
11 called victim testimony as to at least the uncharged
12 and non -404(b). I've made a ruling.
13 I then requested the Commonwealth to
14 designate whether they would be calling the 404(b)
15 witnesses to give some kind of "victim" testimony being
16 prior uncharged conduct, and you said you would simply
17 be referring to trial testimony.
18 Is that where we are?
19 MR. STEELE: It is, Your Honor.
20 THE COURT: So, with that said, that's
21 what I'll hear it as. And both sides have, hopefully,
22 the availability of all the trial testimony that
23 anybody is perfectly permitted to utilize in terms of
24 sentencing.
25 MR. STEELE: I would also say beyond 127 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 that, there was testimony from the statements that the
3 defendant made. There's also Dr. Ziv and --
4 THE COURT: Whatever you need to do.
5 MR. STEELE: -- and testimony that she
6 gave that's incorporated and outlined in the Sentencing
7 Memorandum.
8 THE COURT: So what I'm hearing you say
9 is that you're going to point all these out to me and
10 you're going to maybe separately refer by a document,
11 whether they're testimony, whether they're something
12 that came into evidence, so that when you make
13 argument --
14 MR. STEELE: No. That will be in
15 argument, Your Honor.
16 THE COURT: So do you feel you need to
17 give me any specific designations?
18 MR. STEELE: I don't. And again, I
19 refer to the Sentencing Memorandum where we outlined
20 the testimony that we are -- at least some of the
21 testimony that we are referring to, and the other will
22 be done by argument. So, again, I'm asking to
23 incorporate the trial testimony into this -sentencing.
24 The next thing that I -- and the Court
25 referenced it already -- that I am submitting for part 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 128
2 of the record would be the victim impact statements.
3 So Commonwealth's Sentencing 2 would be the victim
4 impact statement of Andrea Constand. Commonwealth 3
5 for sentencing is the victim impact statement of
6 Andrea's father, Andrew Constand. Commonwealth's 4 is
7 the victim impact statement of Gianna Constand. And
8 Commonwealth's 5 is the victim impact statement of
9 Diana Parsons, Andrea Constand's sister.
10 (Victim Impact Statement - Andrea
11 Constand marked Commonwealth's Exhibit
12 Sentencing -2 for identification.)
13 (Victim Impact Statement - Andrew
14 Constand marked Commonwealth's Exhibit
15 Sentencing -3 for identification.)
16 (Victim Impact Statement - Gianna
17 Constand marked Commonwealth's Exhibit
18 Sentencing -4 for identification.)
19 (Victim Impact Statement - Diana Parsons
20 marked Commonwealth's Exhibit
21 Sentencing -5 for identification.)
22 (Commonwealth's Exhibits Sentencing -1
23 through Sentencing -5 received in
24 evidence.)
25 THE COURT: So we're clear, Mr. Steele, 129 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 you're bringing them in again. I've already noted that
3 I have received them before.
4 MR. STEELE: Yes.
5 THE COURT: Any decision not to call
6 them to read them is a decision that I'm assuming that
7 you have made with those four who would give victim
8 impact testimony, the victim herself and clearly family
9 members.
10 And I want to make sure the record is
11 clear that there's been no ruling from the Court that
12 would preclude such and that if any of those
13 individuals wish to read their victim impact statement
14 at this sentencing, they would be permitted to do so.
15 There is no rule preventing that. But this is a
16 decision on your part after consulting them.
17 MR. STEELE: Well, yes, Your Honor.
18 But, first of all, I'm just putting it into the record
19 so we have these items in. And then we'll get to the
20 aspect of testimony.
21 All right. The other aspects before we
22 go to testimony, I have provided defense counsel with a
23 listing of Commonwealth costs in this case. We have
24 that to submit to the Court. There's also -- and I do
25 not have what the court costs and the sheriffs' costs 130 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 were. That's by separate agencies.
3 THE COURT: Did you say you have the
4 other costs that are statutory costs and you're now
5 indicating that these are your District Attorney costs
6 that I assume you've made of record with the Clerk of
7 Courts?
8 MR. STEELE: No. I have the copy for
9 the Court of these.
10 THE COURT: You have not filed them with
11 the Clerk of Courts?
12 MR. STEELE: Correct. Correct, yes.
13 THE COURT: I'm not sure of the
14 procedure. Obviously the Sentencing Code talks about
15 mandatory imposition of costs, but it doesn't
16 necessarily speak when the Commonwealth now still has
17 not yet filed what it claims its costs are with the
18 Clerk of Courts.
19 MR. STEELE: We're doing it here in
20 court. And what I told Mr. Green is that I would
21 prepare the costs before the sentencing so that we
22 would be able to do it today.
23 THE COURT: Has he seen it?
24 MR. STEELE: I've given him the broad
25 one and I've made available to him several times to go 131 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 through each of the individual receipts. So that's
3 where we are on that.
4 MR. GREEN: May I address that, Your
5 Honor?
6 THE COURT: Yes.
7 MR. GREEN: My understanding is that it
8 is within your authority to order the payment of costs.
9 The clerk taxes the costs as filed with the clerk. And
10 if there's an objection to the cost taxed by the clerk,
11 that objection is made and resolved by the sentencing
12 judge afterwards.
13 I will tell you I don't see any
14 objection to the costs that Mr. Steele is assert -- is
15 suggesting, but I think the proper procedure is he
16 places them with the clerk. If we have an objection,
17 we can make it.
18 THE COURT: That's what I thought it
19 was, but I guess you're previewing it saying that's
20 what's going to occur today.
21 MR. STEELE: I'm trying to do it by the
22 record here today.
23 THE COURT: I hear you, but if I'm not
24 imposing sentence, which it doesn't appear that I am 0 25 until tomorrow morning, please file it with the Clerk 1 ANDREA CONSTAND - DIRECT 132
2 of Courts.
3 MR. STEELE: Understood. Your Honor,
4 now we'll move to victim impact.
5 - - -
6 ANDREA CONSTAND, having been duly sworn,
7 was examined and testified as follows:
8 MR. STEELE: May I approach, Your Honor?
9 THE COURT: Yes.
10 DIRECT EXAMINATION
11 BY MR. STEELE:
12 Q Ms. Constand, I'm going to show you what we've
13 marked as Commonwealth's Exhibit 2 for sentencing
14 purposes. Is this a victim impact statement that you
15 prepared in this case?
16 A Yes.
17 Q Okay. As the Court indicated, this is your
18 opportunity to provide victim impact testimony to the
19 Court which, you know, can be, you know, reading your
20 statement or otherwise. So are you prepared to do
21 that?
22 A Yes. I have it.
23 Q All right. Go ahead.
24 A Your Honor, I have testified. I have given you my
25 victim impact statement. The jury heard me. Mr. Cosby 133 1 GIANNA CONSTAND - DIRECT
2 heard me. And now all I am asking for is justice as
3 the Court sees fit. Thank you.
4 MR. STEELE: No other questions, Your
5 Honor.
6 THE COURT: Okay. And again, just for
7 clarity, you are incorporating as if it was read in
8 full the victim impact statement that you made?
9 THE WITNESS: Correct.
10 THE COURT: All right. I don't know
11 that there's anything else to do with that. Thank you
12 very much. You may say anything else you wish to say.
13 THE WITNESS: That's it.
41) 14 THE COURT: Thank you very much.
15 (Witness excused.)
16
17 MR. STEELE: Gianna Constand.
18 - - -
19 GIANNA CONSTAND, having been duly sworn,
20 was examined and testified as follows:
21 MR. STEELE: If I may approach, Your
22 Honor?
23 THE COURT: Yes.
24 DIRECT EXAMINATION
411 25 BY MR. STEELE: 134 1 GIANNA CONSTAND - DIRECT
2 Q Mrs. Constand, I'm going to show you what I've
3 marked as Commonwealth's Sentencing Exhibit Number 4.
4 And I want to ask you if this is the victim impact
5 statement that you provided to us and was given to the
6 Court?
7 A Yes.
8 Q Okay. Now, this is your opportunity to talk about
9 the impact that this crime had on your daughter.
10 A Okay.
11 Q Are you prepared to do that?
12 A Yes.
13 Q Okay. Go ahead.
14 A Okay. "Dear Judge O'Neill, having to write this
15 victim impact statement has probably been one of the
16 hardest things I have ever had to do. As I write, and
17 put my thoughts on paper with pen in hand, the
18 nightmare I have been living as a mother becomes all
19 too realistic and painful once again. I have decided
20 after having made so many attempts at completing this
21 and not being able to do it that perhaps if I chose to
22 keep it personal and on a smaller scale, that I would
23 do the right thing, and accomplish this task.
24 In my life I have suffered some major
25 traumatic events. One, the loss of my father when I 1 GIANNA CONSTAND - DIRECT 135
2 was 14 years old, and the other is the drugging and
3 sexual assault that my daughter Andrea endured in 2004
4 by Bill Cosby.
5 We have always been a close-knit family.
6 I married young and had my first child, Diana, at 19.
7 Following her, I had Andrea at 21 years old. I have
8 two beautiful granddaughters, Andrea who is now 22 and
9 a registered nurse, and Melanie who is going into her
10 third year at university this fall.
11 I have been married to a man who has
12 been an excellent husband, father and grandfather. We
13 will be married 50 years next September. We are both
14 from European backgrounds. I am Italian, having
15 immigrated to Canada with my family when I was 10 years
16 old. And my husband is of Greek dissent and came to
17 Canada when he was five years old.
18 Andy and I raised our daughters to be
19 respectful, kind, honest, loyal and loving human
20 beings. Although we were young, we invested all our
21 time and energy into making sure that they would choose
22 the right path in life. The event that took place in
23 2004 changed that path completely. As a mother, I was
24 always actively involved in my daughters' lives,
25 emotionally there for all their needs. 136 1 GIANNA CONSTAND - DIRECT
2 When Andrea came home from Temple
3 University after resigning from her position, something
4 changed. 2004 became a nightmare for me. Not only was
5 I listening to Andrea's nightmares, but suddenly I
6 started suffering my own battles. From the time my
7 daughter opened up about the incident, our lives became
8 one of a rollercoaster ride that never came to an end.
9 When it became public knowledge, we had
10 to battle with harassment from the media outlets
11 tricking us, bringing us flowers at our door to parking
12 their cars and trucks outside our house for days on
13 end, not even allowing us to be able to go to work. 111 14 In this time period I had some volatile
15 communication with Bill Cosby that caused me to have a
16 multitude of emotional and physical ailments that are
17 still with me so many years later. The only consoling
18 part of our interactions was that after he drained me
19 with all his manipulations, lies, deceit on his behalf
20 in our two and a half hour conversation when he
21 realized there was no winning, was that he decided to
22 come clean, admit, apologize and was willing to do
23 anything to resolve this matter. By this time all too
24 late.
25 In 2006 when the matter was resolved, a 137 1 GIANNA CONSTAND - DIRECT
2 confidentiality agreement was reached by all parties.
3 Bill Cosby included my husband and I in this agreement,
4 even though my daughter was an adult. The agreement
5 basically barred me from talking about the incident,
6 even with my family members, friends or therapist that
7 I so badly needed to this day and could have used.
8 I deal with my own trauma on a daily
9 basis. I loved my job, having worked in the same field
10 of medicine for many years. I had 12 years left to
11 retirement, but had to quit realizing that I could not
12 keep up with the all the anxiety, fear and shame that
13 had accumulated with this incident around my fellow 411 14 workers that had known me to be a different person.
15 Regardless of the fact that they supported me through
16 this situation, I felt differently about it in my state
17 of being at the time. I sacrificed years of pension
18 loss to take care of my mental health.
19 I worry about my daughter, live in fear
20 of her physical and mental state of mind, and have
21 realized that this event has changed and contributed to
22 so much pain and sadness in my life.
23 Bill Cosby sued me in 2016, further
24 humiliating the situation. I would like to add that
25 this lawsuit served no purpose at all and was dismissed 138 1 GIANNA CONSTAND - DIRECT
2 by Judge Robreno. He further did that to humiliate and
3 intimidate me publicly. Because of this issue, I felt
4 that I no longer had any confidence and patience left.
5 My friends, my family, and everyone else seemed to
6 slowly disappear from my life. No one had ever known
7 the details that suddenly became exposed by Bill Cosby,
8 his legal team and the media. In 2015-2016 I was
9 diagnosed with four brain aneurysms and Parkinson's.
10 The stress of this whole situation caught up with me.
11 Bill Cosby for years, through his
12 lawyers and the media, used every powerful tool at his
13 disposal to destroy our reputations, physical and
14 mental state of minds to protect and shield his
15 reputation. Not knowing all the facts at the time,
16 now know that he basically protected himself at the
17 cost of ruining many lives.
18 I sacrificed many things through all the
19 years, and Bill Cosby has never paid my husband and I
20 any punitive damages, contrary to what many people
21 think. He wanted me to be included in this agreement
22 for fear that I would have ever told anyone the details
23 of what had occurred. He felt very intimidated by my
24 knowledge and feared that the truth would ever have
25 been known about him. He wanted everything done 1 GIANNA CONSTAND - DIRECT 139
2 quickly.
3 I have never done anything to jeopardize
4 my daughter's privacy and respected this agreement. He
5 held his power over me, causing me to feel trapped and
6 almost afraid to ever speak. This battle was about
7 justice, and my daughter and our family feel we have
8 been vindicated. And I can only hope and pray that
9 soon some sense of peace and faith will be restored
10 back into our family.
11 The hardest part of this journey for me
12 has been the struggle to associate to the word justice.
13 The victims cannot be un-raped. All we can do is hold
14 the perpetrators accountable. In the justice system,
15 unfortunately I witnessed that you can be un-raped.
16 But I hope that the battle to hold those accountable
17 will get stronger and cause less pain and suffering for
18 its victims.
19 The vindication we received also came
20 with a lot of suffering for me. I learned after all
21 these years what my daughter's settlement amount was
22 via the media and newspaper articles. Her father was
23 the only person that had access to this information.
24 felt that should this information have ever been known,
25 I could have been held responsible, such was my fear of 1 GIANNA CONSTAND - DIRECT 140
2 the agreement that I was bound to by him.
3 My husband and I live a very modest
4 lifestyle, but since that was revealed, our friends and
5 family have assumed differently. I don't believe that
6 had any bearing on the outcome of the trial, and the
7 tactics that were used by Bill Cosby's lawyer caused
8 further damage to our reputation and well-being.
9 I do not think it's necessary that my
10 victim impact statement be shared with the public or
11 media in the courtroom. I've obviously changed my mind
12 since. This has been a very difficult situation for me
13 and I have lost the ability to trust or share my
14 feelings with anyone. I do not believe in my heart
15 that Bill Cosby has ever cared or even considered the
16 pain and suffering this mess has caused us or the
17 family as a unit. He was correct when he told me 'I am
18 a sick man.'
19 I would like to take the opportunity to
20 thank Montgomery County, Pennsylvania, Kevin Steele,
21 the prosecutors, the detectives, and most of all the
22 jurors for believing in my daughter Andrea and her
23 truth. Thank you, Judge O'Neill, for your
24 understanding and allowing me to reveal the impact this
25 case has caused on me. Thank you." 141 1 ANDREW CONSTAND - DIRECT
2 THE COURT: Okay. You may step down.
3 (Witness excused.)
4 - - -
5 - - -
6 ANDREW CONSTAND, having been duly sworn,
7 was examined and testified as follows:
8 DIRECT EXAMINATION
9 BY MR. STEELE:
10 Q Before you get started there, I just want to show
11 you what we marked as an exhibit in this case. This is
12 Commonwealth's Sentencing Exhibit Number 3. The
13 writing on that is a little bigger than this one.
14 A Right.
15 Q Is this the impact statement that you provided to
16 us and to the Court?
17 A It is.
18 Q Okay. Now, sir, you're Andrea's father?
19 A I am Andrea's father, yes.
20 Q This is your opportunity to give victim impact,
21 how this has affected your daughter. So are you
22 prepared to do so?
23 A (Witness nods.)
24 Q Go ahead.
25 A "Hello. My name is Andrew Constand and I am the 142 1 ANDREW CONSTAND - DIRECT
2 proudest man in the world to have Andrea as my
3 daughter. As a young girl, Andrea was energetic,
4 loyal, truthful, competitive athletically, and the most
5 loveable little girl.
6 In 2005 when my daughter returned to
7 Toronto from Philadelphia, many aspects of her happy
8 demeanor had changed. My wife, who's a very intuitive
9 woman, noticed and felt that something was not right
10 with our daughter. She seemed depressed, vulnerable,
11 slow to react to questions and answers, and had become
12 detached from our family unit.
13 After finding out about what my daughter
14 suffered at the hands of Bill Cosby, I myself went
15 through a deep transformation. Seeing what my wife and
16 my daughter were going through compounded to an immense
17 pain that most probably only a father having been
18 through this kind of situation can comprehend.
19 From that time to today, little has
20 changed in my being from the sadness I feel for my
21 daughter, my wife, her sister Diane, and my two
22 wonderful grandchildren. We live and breathe Andrea's
23 discomforts every day.
24 From the time of finding out about the
25 incident, I began to take Ativan to help me sleep. I 1 ANDREW CONSTAND - DIRECT 143
2 could not sleep and think properly. It was a way of
3 helping me forget the situation that was unfolding.
4 Today, many years later, I take double the medication
5 to cope with the past.
6 The thought of what happened to my
7 daughter Andrea will also be with me like a dark cloud
8 forever hang over my head. I feel more vulnerable in
9 every aspect of my life including playing golf, my
10 forever sport, which is a mental game. This incident
11 caused changes in my life, personality and character.
12 I feel profound love and compassion for
13 my daughter. So many years of trauma she has gone
14 through. Today she works as one of the most qualified
15 massage and trauma therapists and lives alone with her
16 two dogs. We support every aspect of her life and
17 encourage her to try and move into a safer space
18 mentally and physically.
19 I hope to have expressed myself
20 sincerely and given you some idea of the pain and
21 suffering this event has caused us. Thank you to all
22 who have supported and believed in my daughter Andrea.
23 I hope the future will brighten for her and relieve her
24 and our family of some of our anxieties. Sincerely,
25 Andy Constand." 144 1 DIANA PARSONS - DIRECT
2 THE COURT: Thank you very much, sir.
3 (Witness excused.)
4
5 - - -
6 DIANA PARSONS, having been duly sworn,
7 was examined and testified as follows:
8 DIRECT EXAMINATION
9 BY MR. STEELE:
10 Q I'm going to show you what we've marked as
11 Commonwealth's Exhibit Number 5 for identification and
12 admitted. Is this the victim impact statement that
13 you've prepared?
14 A It is.
15 Q Okay. And you are Andrea's sister?
16 A I am.
17 Q Your father and mother just testified. Okay. Are
18 you prepared to give your victim impact statement?
19 A I am.
20 Q Go ahead.
21 A "Your Honor, my name is Diana Parsons. I am
22 Andrea's older sister. I am married to Stuart Parsons,
23 a- detective with the Toronto Police Services, and we
24 have two daughters; Andrea, 22 years of age, and
25 Melanie, 20 years of age. 145 1 DIANA PARSONS - DIRECT
2 Andrea and I are fortunate to have two
3 loving, amazing, supportive parents. Not only are they
4 this way with us but with my daughters as well. There
5 are no words to describe the feeling of knowing you can
6 go to your parents with the deepest secrets and receive
7 understanding and support always. Don't get me wrong,
8 we surely gave them a run for their money as teenagers,
9 but boy was there always a lesson learned. They
10 instilled values and morals in us at very young ages,
11 and I'm very proud that each and every day I am able to
12 demonstrate and teach my daughters and others the same.
13 Growing up with my sister Andrea was
14 always entertaining. She was full of energy and had a
15 sweet personality, but, more importantly, had an
16 unbelievable zest for life. Having a confident sister
17 around was amazing. She was easygoing and incredibly
18 laid back. There was no such thing as sibling rivalry
19 in our household. It was simple. She loved anything
20 that had a ball attached to it and was not remotely
21 interested in my dolls and barbies.
22 When Andrea was in high school and as
23 she matured into a young woman, I would describe her as
24 an honest, strong, hardworking, compassionate, and
25 incredibly funny woman. I remember when Andrea moved 146 1 DIANA PARSONS - DIRECT
2 home from Philly. I was so excited to have my sister
3 close to our family again. I was looking forward to my
4 crazy, adventurous sister chasing my little girls
5 around pretending to be Cruella Deville. I was looking
6 forward to our sister bonding shopping days which
7 always scared my husband and, most importantly, Andrea
8 again would be part of our traditional Italian Sundays
9 dinners where, as a family, the bonds we formed were
10 magnificent.
11 Instead, I observed a frail, timid,
12 nervous, weak, and reclusive sister. There were always
13 excuses with her. Di, I can't come on the hike with
14 you and the girls. I have to study. Di, I can't go
15 shopping. I have a headache. And the excuses for
16 Sunday night dinners were to call her out of her room
17 when dinner was being served.
18 Initially I blamed this on Andrea moving
19 back home after many years and perhaps being out of
20 sorts. When I was made aware of what happened to
21 Andrea, I was shocked and felt helpless for her. I
22 have always been a very independent individual. With
23 my husband being a detective, his hours were very
24 scattered and I was working full time and bringing up
25 two daughters. There were challenges, but I was 147 1 DIANA PARSONS - DIRECT
2 extremely lucky to have my parents provide me with
3 extra support.
4 The biggest challenge for me in my life
5 was being part of Andrea's life from the moment she
told our mother what happened to her. The impact of
7 this event will never go away. And as much as our
8 family is a tight family unit, I am very aware of the
9 challenges that we have been through and will continue
10 to be a part of.
11 I have a distasteful feeling with
12 certain people who have said the most repulsive things
13 ever about my mother and sister. I myself and our
14 family and friends know these statements are not true.
15 However, it is very difficult to read nonsense that has
16 nothing to do with my sister being drugged and sexually
17 assaulted.
18 Many people always ask me how Andrea's
19 doing. I always answer, "She is doing fine, thank
20 you." Immediately after I answer, I ask myself, I
21 wonder how she really is doing? How can she handle
22 being called a pathological liar? How can she handle
23 being called a con artist? How can she handle being
24 called a drug addict? How can she handle all the
25 negativity about her in the media? How can she handle 148 1 DIANA PARSONS - DIRECT
2 being called a racist individual? How can she handle
3 being called a gold digger? How can she handle hearing
4 that she pulled off her plan? How did she handle the
5 extreme pressures of the constant bullying and lashing
6 out from the defense lawyers inside and outside the
7 courtroom? How did she have the courage to come
8 forward and tell our mother what happened to her? And
9 how will she ever trust again?
10 After everything she has been through
11 and will endure for the rest of her life, she still
12 walks around with a bright smile and positive attitude.
13 For me, I know why she is like this. She was asked to
14 come to Montgomery County for one duty only, to tell
15 the truth. And she did.
16 There is one person who has helped me
17 through my darkest days and still does today. She
18 knows when I need to be pulled out of a dark hole
19 without me saying a word. We don't exchange words.
20 She intuitively just sees where I am at. She'll say to
21 me, Di, I feel you need .a massage or let's do some
22 meditating together. This person is my sister, Andrea
23 Constand, and she is my hero. Thank you to those who
24 believe in and support my sister Andrea Constand."
25 (Witness excused.) 149 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2
3 MR. STEELE: No further witnesses, Your
4 Honor.
5 THE COURT: No other witnesses? Is
6 there any other material or references that you want
7 the Court to consider?
8 MR. STEELE: I'm sorry, Your Honor?
9 THE COURT: Are there any other material
10 references? You indicated that anything that was trial
11 testimony you will cover in an argument.
12 MR. STEELE: Correct, Your Honor.
13 THE COURT: Okay. Defense, any
14 witnesses?
15 MR. GREEN: We're not going to call any
16 witnesses, Your Honor.
17 THE COURT: All right.
18 MR. GREEN: I have one other piece of
19 material that I'll offer when I'm giving my sentencing
20 recitation.
21 THE COURT: Okay. Is it a matter of
22 record or is it a reference to something in the letter?
23 MR. GREEN: No. It's a one -page letter.
24 I can hand it up now.
41, 25 THE COURT: Well, I want to be able to 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 150
2 consider it and I want to be able to hear it in the
3 light that I think you intend to bring it forward in
4 the argument.
5 MR. GREEN: Yes.
6 THE COURT: So pre -disclose. Give a
7 copy to them. If you don't want to call anybody,
8 you're entitled to bring letters in.
9 MR. GREEN: I'm happy to give it to
10 them.
11 THE COURT: Thank you. Can we get a
12 copy of it?
13 MR. GREEN: I have a copy for you as
14 well.
15 THE COURT: I'd like it.
16 (Handing document.)
17 THE COURT: Okay. Any objection? It
18 was referenced to his military record.
19 MR. STEELE: Can I just -- can you
20 explain something to me?
21 (Discussion off the record between
22 counsel.)
23 THE COURT: All right. Now, in terms of
24 where we go from here, you know, as to counsel and
25 their arguments, allocution, if any, the Court's reason 151 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 for sentence, the imposition of sentence, and obviously
3 the necessity of an SVP, I'm not a big fan of breaking
4 things up.
5 Obviously arguments of sentence, I will
6 hear them now if you wish to do so. Obviously I will
7 take notes. So we have time. Or, you know, if you
8 feel that you want to make that argument after the full
9 record has been made, I don't know. You know,
10 obviously we have not heard from Dr. Foley as a defense
11 witness as opposed to an SVP witness, so I don't want
12 to make you argue and then come back and argue his
13 testimony after, you know, examination and
111 14 cross-examination.
15 So I think we've reached the place that,
16 you know, argument just simply is not appropriate since
17 there is still one witness. Clearly decisions on
18 allocution and the like, they should be made at the
19 end. You reviewing with your client a written
20 post -sentence colloquy can take place outside of the
21 Court, and my sole obligation is review it again on the
22 record, which I can do, but I generally like to do that
23 right before I impose sentence.
24 So what else is there that we can do
25 here that would really reflect, you know, on what you 152 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 want the Court to utilize in terms of its sentencing?
3 MR. GREEN: I think I can make my
4 sentencing argument today, and that would put us in a
5 position where you could finish tomorrow before lunch.
6 THE COURT: Right. But, again, I'm
7 going to have to permit you to make any kind of
8 incorporation. So assuming that his testimony would be
9 in regard to the SVP and, you know, your arguments that
10 you've made, I mean, which are self-evident from -- I
11 just, you know -- I obviously would allow you to
12 supplement it based upon that testimony. And what I
13 would presume would be certain risk assumptions that
14 are a part of any sentencing because it is part of the
15 Sentencing Code.
16 So I leave it up to you. I mean, I'll
17 hear it. If I hear yours, I'm going to hear the
18 Commonwealth's because I don't want to break them up.
19 So I don't know if counsel wants to talk about it. I
20 mean, I don't want to rush anything in this sentencing,
21 but your inability to present that witness has
22 definitely necessitated where we are.
23 What do you think you want to do?
24 MR. GREEN: I'm prepared to go forward.
25 THE COURT: All right. 153 1 II COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 MR. GREEN: I would agree with the Court 411 3 that the allocution decision can only be made at the
4 end, probably not until after Dr. Foley testifies, but
5 as to everything prior to Foley's SVP testimony, I'm
6 prepared to make argument whenever you're ready.
7 THE COURT: The only thing I say in that
8 regard is generally counsel and their client's
9 decision, you know, where I grant the opportunity to
10 some would say allocute before so I can incorporate, if
11 there's going to be an allocution. If there is a
12 decision not to, then that's probably best left to the
13 end.
411 14 So no matter what you decide -- and if
15 the decision is made to allocute tomorrow, then
16 obviously I'm still going to grant that one way or the
17 other. So maybe you can incorporate what you think you
18 need to, but that decision will still be made tomorrow.
19 Okay?
20 With that said, move on to argument.
21 MR. GREEN: As I understand Your Honor's
22 intention, I'll argue and then I won't get a chance to
23 respond?
24 THE COURT: Look, I am not going to stop 0 25 anybody. So yes, you'll get a chance to respond. And 154 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 they get a chance for sur response after your witness
3 does testify tomorrow. Anybody may make arguments as
4 to an effect of an SVP or anything that is determined
5 from an SVP and how it might affect the sentencing.
6 We're just not done the SVP. So I'm not going to
7 prevent anybody from saying what they want to say.
8 MR. GREEN: Thank you. That will enable
9 me to be, perhaps, a little shorter. I won't cover
10 some questions until I see at the end whether Mr.
11 Steele has raised issue to that response.
12 THE COURT: All right.
13 MR. GREEN: May it please the Court and
14 counsel, this is a court of law governed by rules,
15 statutes and guidelines. And there are relevant facts
16 to be determined in the application of those statues,
17 guidelines and rules. And those statutes and
18 guidelines and rules tell us what's relevant, and
19 you'll decide what those relevant facts are.
20 In the oath we all took as lawyers, some
21 of us longer ago than others, it requires that we swear
22 to uphold the laws, to support, obey and defend the
23 Constitution of the United States, the Constitution of
24 the Commonwealth. Our fundamental commitment in this
25 courtroom is to the rule of law. 155 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 I represent the defendant, Mr. Steele
3 represents the government, and you, Judge, represent
4 the rule to apply. The court of public opinion, on the
5 other hand, is governed by its own norms. The media
6 drives information to the public, and the public
7 develops opinions based on that information. Advocates
8 for one side or another use the media to drive their
9 positions, their facts, their views. That's neither
10 wrong nor right.
11 The court of public opinion is the free
12 market of ideas protected by the First Amendment. The
13 organized protests that have occurred here at the
410 14 courthouse during the trial, they were advocacy. The
15 First Amendment protects the rights of advocates, but
16 that's not a proper way to influence the outcome of the
17 judicial process. No one should make an effort to
18 intimidate or improperly influence a court official by
19 conduct outside of the rule of law.
20 The District Attorney's election
21 campaign was public advocacy. Rule 3.8 of the Rules of
22 Professional Conduct places some limits on that public
23 advocacy. And the rule of law crosses over into the
24 court of public opinion.
25 The prosecutor is required to refrain 156 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 from making extrajudicial comments that have a
3 substantial likelihood of heightening public
4 condemnation of the accused.
5 The District Attorney's election
6 campaign was advocacy conducted in the court of public
7 opinion and not a court of law. Ms. Allred's public
8 relations campaign outside this courthouse continuing
9 to today for changes in Statutes of Limitations and for
10 other issues was advocacy in the court of public
11 opinion.
12 The rule of law developed as
13 civilization evolved. It became the norm that society
411 14 would not impose punishment without following rules,
15 the law of the land. In the Pennsylvania Constitution
16 before the United States Constitution, it was
17 guaranteed that a person not be deprived of his life,
18 liberty or property unless by the judgment of his peers
19 or the law of the land. That's not the law of public
20 advocacy.
21 Why is it important to follow the rules?
22 Because the court of public opinion can become so
23 frenzied that it spins out of control. This is when
24 public opinion can swallow whole the rule of law. The
25 fateful application of the rules of the laws assures 157 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 everyone in the community that frenzied public opinion
3 doesn't drive legal consequences.
4 Judge, you know better than I at this
5 point that in a high profile case where there are lots
6 of outside advocates, there are challenges for a judge;
7 first to seat an impartial jury, but that's really the
8 easy part. Judge Lee Millette, who was the trial judge
9 for the Beltway Sniper case, has spoken on this issue.
10 The hard part is making sure that the process isn't
11 affected by the high profile-ness of the case, the fact
12 determinations aren't affected by the frenzy. In this
13 case we rely on you to make sure that that public
14 advocacy doesn't affect the application of the rule of
15 law.
16 In the first regard, Judge, it's
17 important that the Court apply the sentencing rules
18 based only on the crime for which Mr. Cosby's been
19 charged and the only crime for which he's been found
20 guilty.
2.1 In this case, much of the litigation has
22 been consumed by motions, hearings, arguments,
23 briefing, testimony, cross-examination, closing
24 arguments, and jury instructions about crimes that were
111 25 not charged here and of which Mr. Cosby has not been 158 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 found guilty.
3 It's a challenge, I recognize, for the
4 Court to set that aside in determining an appropriate
5 sentence here, but that's your obligation, Judge. It's
6 your obligation to make sure that the sentencing
7 decision isn't affected by all of that noise.
8 We start from the proposition that all
9 crimes are serious and that the jury has found Mr.
10 Cosby guilty of a serious crime. We accept that. We
11 also recognize and are sure that the Court recognizes
12 that Mr. Cosby has a guaranteed right of appeal. There
13 are certainly substantial legal questions here in which
14 a second opinion is not unreasonable. And as you know,
15 he intends to seek one.
16 When Your Honor sentences Mr. Cosby, who
17 is the man? Mr. Steele will have a different view than
18 I. His Sentencing Memorandum expresses his different
19 view. I understand that. But Mr. Cosby comes from a
20 different place. He comes from a youth of hardship, of
21 racism and self-reliance. He comes from a North
22 Philadelphia that had movie theaters for both races,
23 but- none for both. He grew up in public housing with a
24 hard-working mother and four younger brothers and, at a
25 young age watched his brother die, watched his mother 159 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 grieve privately and learned privately to grieve.
3 Mr. Cosby was lucky to marry Dr. Camille
4 Hanks Cosby and together they had five children. Your
5 Honor knows that he's lost two of his children and he's
6 had to practice that grieving he learned from his
7 mother.
8 Mr. Cosby has an educational history
9 that's worth noting. In 1956, at age 18, Mr. Cosby
10 enlisted in the Navy. He wasn't doing so well in
11 school. He wanted to make something of himself. He
12 volunteered for military service and worked his way
13 through corpsman school and then physiotherapy school.
14 While in the service, he concluded that he wanted to be
15 a teacher and wanted to complete a proper education.
16 And the letter that I've offered is a
17 snapshot where Mr. Cosby was in September of 1958.
18 From Quantico, Virginia, he asked a friend to type, as
19 he couldn't type, a letter to the Philadelphia School
20 District to find out what he could do to become a high
21 school graduate and move on with his life. The school
22 district wrote back in handwriting with his course
23 requirements. The course requirements are extensive
24 and they reflect what he had not done when he was in
25 high school. 160 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 But notwithstanding those difficulties
3 in front of him, he enrolled in correspondence courses,
4 got a G.E.D., got a scholarship to Temple, and
5 eventually wound up with a Doctor of Education from the
6 University of Massachusetts because he wanted make
7 something of himself.
8 By 1963, a long time ago, Mr. Cosby had
9 learned that he could make people laugh. He appeared
10 on The Tonight Show. But he chose a different path.
11 In 1998, a biography was published by the Kennedy
12 Center, highlighted his efforts and the difficulty that
13 his efforts brought him in racial issues.
14 He was the first African American comic
15 who didn't emphasize or highlight the differences
16 between white folks and black folks. He was quoted as
17 saying, "I don't think you can bring the races together
18 by joking about the differences between them. I'd
19 rather talk about our similarities, about what's
20 universal in our experiences." That's Mr. Cosby.
21 Mr. Cosby is not dangerous.
22 Eighty -one-year old blind men who are not
23 self-sufficient are not dangerous, except perhaps to
24 themselves. Mr. Cosby has been, at a minimum,
25 crime -free since these allegations. And the uncharged 161 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 misconduct here is alleged to have occurred principally
3 in the 1980s. He is eligible for, as a matter of
4 statutory right, inclusion in the Restrictive
5 Intermediate Punishment Program, and we request that he
6 be sentenced to participate in that program.
7 There are at least four mitigating
8 factors that warrant a downward departure, if you will,
9 from the standard guidelines. His age, 81 years old,
10 and his age makes the circumstances of this offense
11 unlikely to reoccur, his disability, his blindness,
12 he's not self-sufficient, and incarceration would
13 impose on him excessive hardship given this disability
14 and age.
15 I'd ask Your Honor to think about what
16 does an 81 -year -old man do in prison? How does he
17 fight off the people who are trying to extort him for a
18 walk to the mess hall?
19 A long time period, at a minimum, since
20 this offense. No prior arrests or convictions.
21 And one other matter that I really don't
22 know how properly to fact, but it certainly seems to be
23 a mitigating factor. The Sentencing Code talks about
24 efforts to compensate. Mr. Steele criticizes Mr. Cosby
25 at some length in his papers for trying to "buy off" 162 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 Ms. Constand.
3 Your Honor, I think, learned early on in
4 this litigation that there was a Settlement Agreement
5 in 2005 and that it was negotiated between parties
6 represented by lawyers. It was mediated by Judge
7 Warden. In the Settlement Agreement, I think that
8 there was a piece of testimony about the magistrate
9 judge retaining jurisdiction to enforce the settlement.
10 But in any event, what is clear is that,
11 represented by able counsel, Ms. Constand asked for and
12 received $3.8 million. It wasn't forced on her. She
13 voluntarily accepted it She voluntarily accepted it
111 14 as full and complete satisfaction for her claims.
15 Money doesn't fix everything. There's
16 some things money doesn't fix at all. But this is a
17 case in which she asked for the money. She started the
18 lawsuit. She made the claim and then accepted an
19 amount that she thought was sufficient.
20 Because that's a probationary
21 consideration factor under the Sentencing Code
22 indicating the favor of probation, that's a fact that
23 we believe Your Honor should give substantially to in
24 the mitigation of sentence. 0 25 The suggestion that Mr. Cosby is 163 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 dangerous is not supported by anything but frenzy. We
3 come back to the court of public opinion. In the court
4 of law, I'd suggest to you there's no credible evidence
5 that Mr. Cosby is today as he sits here in this
6 courtroom dangerous to anyone. In the court of public
7 opinion the answer might be different. This is where
8 it's hard for you, Judge. You have to set aside those
9 sentiments in the court of public opinion.
10 There's one final -- maybe not final.
11 There's one other subject that I'd like to address. In
12 Mr. Steele's sentencing papers, he repeatedly
13 criticizes Mr. Cosby for what he described as an
14 outburst at the conclusion of the proceedings. Mr.
15 Cosby's frustration got the better of him and he used a
16 name toward Mr. Steele that he shouldn't have. But I'd
17 ask you to consider the context of that loss of
18 frustration, loss of control.
19 He watched a political campaign unfold
20 on his television in which the public prosecutor
21 conducted a campaign on his back and suggested to
22 jurors that -- attempted to -- and voters throughout
23 Montgomery County that Mr. Castor had let down the
24 other victims, suggesting to the people of Montgomery
25 County and elsewhere that there were other Montgomery 164 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 County victims. There never were.
3 And Mr. Cosby heard from his lawyers in
4 the first trial that this had been wrong. There are
5 rules against this. Until you're charged, you don't
6 really have any reason as a layperson to know that
7 there are rules against this.
8 But over the course of 18 months or two
9 years, he watched this unfold. He believed when Mr.
10 Steele made a comment about an airplane that Mr. Steele
11 either knew or had people in his office who knew Mr.
12 Cosby didn't have an airplane anymore. And his
13 frustration boiled over.
14 We accept that you decided that the
15 conduct of that campaign was not a sufficient ground to
16 disqualify the District Attorney's Office, but it
17 doesn't ease the frustration of Mr. Cosby as he saw it
18 unfold in what, by any reasonable construction, was an
19 improper use of those sorts of arguments.
20 It's really ironic that when
21 Mr. Steele's witnesses at trial made outbursts, that
22 was excused. Everybody understands. But when it's the
23 defendant who- makes one, it deserves three pages in a
24 Sentencing Memorandum.
25 I want to return briefly, Judge, before 165 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 I close to the court of public opinion and the rule of
3 law. Before we had the rule of law, we had mob rule.
4 It used to be that a stoning occurred as a form of
5 punishment when a village or a group of people decided
6 that someone should be punished, and everybody was
7 encouraged to pick up a stone and throw it at them.
8 In the court of public opinion, that's
9 where things get when frenzy is involved. That's why
10 we have rules of law, so the frenzy doesn't take over,
11 so people don't throw stones, so that we can all meet
12 in courtrooms like this, courthouses like this and have
13 the rules apply fairly to everyone. That's what we ask
14 for here is the application of the same rules that you
15 apply every day.
16 I don't suggest that you have
17 81 -year -old offenders much for first offenses, but in
18 this case the Sentencing Code requires total
19 confinement only if you deem it to be necessary. It is
20 not necessary to protect anyone. And the guidelines,
21 we suggest, are certainly mitigated by his age, his
22 condition, the likely consequences of those conditions
23 if you sentence him to total confinement. There's no
24 reason he would be dangerous to anyone on a period of
25 continued house arrest. 166 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 I don't think that anybody really
3 believes, that anybody needs to be notified about Bill
4 Cosby at this point. What everybody needs is to feel
5 like, at the end of this process, Your Honor applied
6 the rules fairly and in a way that you would in any
7 other case regardless of what's happening in the court
8 of public opinion. We're confident that you'll do that
9 and we're grateful for the opportunity to address the
10 Court.
11 Thank you.
12 THE COURT: Thank you very much,
13 Mr. Green.
14 Mr. Steele.
15 MR. STEELE: Thank you, Your Honor. Do
16 you want me to do it from the podium?
17 THE COURT: You may speak anywhere you
18 want, wherever you're most comfortable. We'll hear you
19 just the same.
20 MR. STEELE: Your Honor, as we expressed
21 in our Sentencing Memorandum, the basis of our request
22 of this Court is that the defendant serve a sentence
23 that he has earned. And he has earned through the
24 seriousness of the offense that he has committed in
25 this case, the impact of that offense on the victim, on 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 167
2 her family, on the community.
3 We ask this because of who he is behind
4 the mask, behind the act that he perpetuated for all of
5 the years that he did and that he used, used to
6 victimize. And we ask for a sentence of maximum
7 confinement in this case, too, because of a showing
8 again and again of no acceptance of responsibility for
9 his actions. No remorse. No remorse. And in many
10 ways we've been led to believe that he seemingly
11 doesn't think he's done anything wrong.
12 Well, the jury found otherwise and spoke
13 loud and clear, spoke with one voice and convicted the
14 defendant of each of the offenses that he was charged
15 with in this case. They said guilty. They said
16 guilty. They said guilty.
17 Now, I understand that those crimes
18 merge, but they are sections of the statute that show
19 who this was and what he was doing. And because of
20 that and because of the aspects -- and I'll show the
21 support through the case law on this. The aggravating
22 nature of this, you know, requires an upward departure
23 from the guidelines in this case because this is about
24 a person who put himself in a situation of being a
25 mentor. 168 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 But we know that he had other intentions
3 right from the beginning. We know that from the
4 defendant's statements that he made, what he saw in
5 Andrea the first time he laid eyes on her, what his
6 plan was to get to the point that they were going to
7 get to. And that didn't involve consent.
8 And that, Your Honor, and that position
9 both of an actor who portrayed himself in a way that
10 many people believed was truly him, we know otherwise.
11 This man who held himself out to a university as a
12 trustee, a person that was to be an integral part of a
13 university, he used those positions and he used his
14 fame to mentor, people thought.
15 And because of using that position of
16 power and that betrayal of trust -- in sex crimes
17 cases, Your Honor, the Courts have found, in
18 Commonwealth -- and I'll hand these up, but in
19 Commonwealth versus Smith, a Superior Court case, "By
20 the defendant's abuse of confidant given to him by his
21 sexual assault victim in time of crisis was a proper
22 factor for a Sentencing Court to consider in imposing
23 an aggravated range sentence." And in that case the
24 defendant was a musical director and the son of a
25 pastor of a church the young victim attended. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 169
2 Commonwealth versus Miller, "The fact
3 that the defendant occupied a position" -- it's a Pa.
4 Superior Court case, 2003. "The fact that the
5 defendant occupied a position of trust with respect to
6 his sexual assault victim was a proper factor to
7 justify a sentence in the aggravated range of the
8 Sentencing Guidelines." There the defendant sexually
9 assaulted his girlfriend's young niece.
10 And, Your Honor, when we look at what
11 occurred here and the seriousness and the deviance and
12 the planning and everything that went into doing this,
13 which is what he was about, mentor, get a person in a 110 14 position where he controls the situation, alone in his
15 residence, and then use that trust that he had built to
16 get somebody to take something, and to push it, and to
17 use all of those things to do what he knew would
18 happen, that he knew because of his own use of drugs,
19 of what he had seen again and again.
20 You go through his admissions. Why did
21 he get seven prescriptions for Quaaludes? He didn't
22 use them. He didn't use them. His words, to use them
23 on young women that he wanted to have sex with. That's
24 who this guy is, certainly not the actor that he played
410 25 on T.V. 170 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 And the seriousness of this, this
3 practiced behavior. To do this to Andrea Constand --
4 and look, you have seen her. You have seen her come in
5 and testify in this courtroom now on three different
6 occasions. And Andrea Constand, with her background
7 and her abilities and who she was, that she eloquently
8 talks about in her victim impact statement.
9 You know, at the time of the assault
10 she's 30 years old. She's fit. She's a confident
11 athlete, strong, skilled, great reflexes, top coming
12 out of Canada for high school, plays for Arizona, goes
13 and plays professional basketball.
14 And, Your Honor, the defendant knew that
15 too. And the defendant knew that he's not going to be
16 able to impose himself on her other than drugging her,
17 which he certainly knew how to do. He used his
18 supposed friendship to put her in that situation that
19 he was there to help her when that wasn't the intention
20 at all. It was to drug her and to sexually assault
21 her. And he did it. He did it, and the jury spoke
22 with one voice in regard to that.
23 And, Your Honor, when we talk about
24 remorse and when we talk about the lack of, this wasn't
25 a complicated case from the beginning. He said he did 171 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 it. He said it in the depositions. He says it in the
3 statement. And it wasn't complicated. But he
4 seemingly doesn't recognize that that's wrong, that
5 it's wrong to drug somebody and sexually assault them.
6 And that's where you come back to the lack of remorse.
7 And whether this was just something that
8 happened over the course of time because he surrounded
9 himself with people, they helped him do what he was
10 doing, and practiced for himself again and again.
11 So when we talk about the seriousness of
12 this offense and what went on and what went on
13 afterwards when Andrea, like we heard from Dr. Ziv is
14 so common when people are drugged and there's questions
15 that are going on -- Dr. Ziv talked about one of the
16 consequences in her testimony.
17 "One of the consequences of a sexual
18 assault is that it makes you doubt your judgment, makes
19 you doubt your judgment of yourself and the world. It
20 can have a whole range of responses because it's a
21 physically violating experience. But I don't think
22 that you can really underestimate how psychologically
23 disruptive it is to be sexually assaulted by somebody
24 you know.
25 "So individuals who have been sexually 172 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 assaulted may find themselves with lingering and
3 persistent psychological problems that impact their
4 life, impact their relationships. Most common it's
5 their relationships, but it may impact their ability to
6 work. It may impact many aspects of their lives."
7 She also said "I don't know one victim
8 of sexual assault who is not humiliated by the fact
9 that they have been sexually assaulted, who doesn't
10 blame themselves in one way and who is not deeply
11 ashamed of this."
12 You heard from Andrea at trial, but you
13 also have the benefit of her victim impact statement
14 where she talks about after the assault and everything
15 she was going through and the emotions and trying to
16 focus on basketball.
17 But when they weren't on the road, she's
18 in the basketball office and was required to interact
19 with Mr. Cosby who was on the Board of Trustees. "The
20 sound of his voice over the phone felt like a knife
21 going. through my guts." Andrea's words. His position
22 of power. The fact that this victimization didn't
23 stop. When he assaulted her, it continued on.
24 And when she left, the pain and anguish
25 came with her. When she's back in Canada, the 173 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 nightmares started. She talks about a dream. She
3 talks about a dream of "another woman who was being
4 assaulted right in front of me and it wasn't my fault.
5 And in the dream I was consumed with guilt. And pretty
6 soon that agonizing feeling spilled over in my waking
7 hours too."
8 And because she is who she is -- and you
9 got to see this -- this lady was about doing the right
10 thing. Like so many sexual assault victims, they go
11 through what she did and they report it to the police,
12 and then they get questioned and questioned. And then
13 she drove down and she gave a statement and she hoped
14 that justice would be done, but that was denied. So
15 she had no other avenue, and she goes and she pursues a
16 civil remedy. And that puts somebody through further
17 victimization.
18 And I think it's important to understand
19 and look at the impact of this and the defendant's
20 actions in that Andrea says that the psychological,
21 emotional and financial bullying, "including a slander
22 campaign in the media that left my entire family
23 reeling in shock and disbelief".
24 So we've heard so much about this
25 deposition and the words that were said at that 174 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 deposition when Judge Robreno put it out because of the
3 public moralist that didn't match up to what his
4 actions were.
5 And I don't know if it struck the Court,
6 but it struck me when I was reading this the many times
7 that I did that at the deposition during the civil
8 trial, Andrea said "I had to relive every moment of the
9 sexual assault in horrifying detail in front of Mr.
10 Cosby and his lawyers. I felt traumatized all over
11 again and was often in tears. I had to watch Cosby
12 make jokes and attempt to degrade and diminish me while
13 his lawyers belittled and sneered at me. It deepened
14 my sense of shame and helplessness at the end of each
15 day. I felt emotionally drained and exhausted."
16 So when we're talking about impact, the
17 impact of the crime of what she has gone through and
18 piecing it together that somebody that she trusted
19 would do this, the impact of the charges being
20 declined, the secondary victimization, the vicious
21 attacks that were public, and in these -- in these -
22 sessions, the things that were done in here, two
23 trials, courtroom full of strangers, the media, and her
24 abuser, the defendant, the person who did this to her,
25 going through all of that. Why? Just to get justice. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 175
2 I am in awe of this lady. I am in awe
3 of the people that came forward. I am in awe of the
4 people that were able to testify in this case. And we
5 sat in the same courtroom, Your Honor, and we saw what
6 was done to them, the victim shaming that went on as
7 lawyers spoke for the defendant. No remorse.
8 So when you look at this beyond the
9 victim, you also consider the community impact of this.
10 And I think, Your Honor, that's an important
11 consideration in this, community impact, because the
12 way it was committed, you know, his abuse, his status,
13 his building trust, his drugging, his violating the
411 14 victim and then keeping her quiet. Right? He said
15 some things in the deposition that were a problem for
16 him.
17 So he attempts to do this in a way and
18 attempts to do this in terms of a settlement where she
19 can't then go to the authorities, is only limited to
20 when we go to her. And we did. And when Kristen went
21 up to meet with her, we opened up a wound. But she
22 said she'd go through it and did. Not once, but twice.
-23 And Your Honor, when you look at this
24 and you look at who he is and these assaults and how
25 this comes, you look at this pattern, this person who 176 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 specialized, specialized in drugging, in incapacitating
3 and then sexually assaulting, and it's entrenched --
4 and seemingly, you know, gets some kind of sexual
5 arousal from gaining trust and rendering people
6 unconscious.
7 So to say that -- to say that he's too
8 old to do that, to say that he should get a pass
9 because it's taken this long to catch up to what he's
10 done, that that somehow gives him a -- what they're
11 asking for is a get -out -of -jail -free card. They ask
12 you to keep him in his home, the home where on his
13 house arrest he decides to -- or his wife decides to
14 have a band. Like, that's not remorse. That's not
15 prison. That's not -- that's not limiting his aspects.
16 And then to say that he couldn't do this
17 again to anybody, Your Honor, that runs in the face of
18 what we are -- what we have seen here on who this is.
19 Like, this is a guy that, given the opportunity, given
20 the opportunity, I have no doubt what he would do. And
21 what he did to Andrea? He's too.old to drug somebody
22 and stick his hand in her? Too old to do that? Well,
23 I'd ask the Court to consider that long and hard.
24 And I'll present as part of my argument
25 a Memorandum of Law opposing, you know, this house 177 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 arrest request. Number one, he's not eligible for it.
3 He's not eligible under the crime that he's been
4 convicted of. He's not eligible for it under the
5 guidelines on house arrest on it.
6 And part of what is a consideration and
7 can be for an eligible offender along those lines, a
8 person convicted of an offense who will otherwise be
9 sentenced to a county correctional facility who does
10 not have a demonstrated present or past pattern of
11 violent behavior. Well, clearly he does. And his
12 uncharged misconduct can be considered in that. You
13 know, it's an automatic disqualifying offense. And to
41) 14 make this argument or to say that that is somehow a
15 legitimate sentencing area that's available to this
16 Court is, I suggest, just wrong.
17 So what is the correct aspect of this?
18 You know, Mr. Green says that he, because of his
19 difficulties with sight, would somehow be a target in
20 the prison. We've got a Department of Corrections that
21 do a damn good job. And to say that somehow he's going
22 to be a target, they deal with things like this.
23 And to say that any facility other than
24 the one in the state that is -- that has the most 0 25 people of an elder age in it, Laurel Highlands, the 178 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 place is set up for a defendant that has medical
3 issues. Like, there's a state correctional center that
4 goes to that.
5 And our county facility is not equipped
6 for that. State corrections is. And as we have gone
7 along and more and more older inmates are in the prison
8 system, you know, they know how to deal with this. And
9 they do it every day. And the defendant would be far
10 from the oldest person in that facility. Far from it.
11 So the proper place for the defendant is
12 to be sentenced to state incarceration. We suggest to
13 a maximum sentence. And it's important because
14 although we have one victim that you are sentencing on
15 here today, you know, "he took," as Andrea said, "my
16 beautiful, healthy, young spirit and crushed it. He
17 robbed me of my health and vitality, my open nature, my
18 trust in myself and others."
19 And Your Honor, another aspect of
20 sentencing that I ask that the Court not overlook is
21 one of deterrence. We have had a lot of legal hurdles
22 in this case and there's been a lot of motions filed, a
23 lot of answers, a lot of litigation to get to this day
24 of judgment.
25 And I would suggest to the Court that 179 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 despite wealth, despite bullying tactics, despite PR
3 teams and, you know, other folks trying to change the
4 optics, as one lawyer for the defense put it, the
5 bottom line, Your Honor, is that nobody's above the
6 law. Nobody.
7 And I've had to stand in this Court, I'd
8 say, too often in my short tenure in this position,
9 whether it was the former Attorney General of
10 Pennsylvania or a man who held himself out as an actor,
11 as a public moralist, as a person for people to look up
12 to which was a mask that was used to victimize.
13 And it's important in this type of
14 situation that deterrents be looked at, too, because
15 nobody is above the law. Nobody. And by deterring
16 this type of conduct with a sentence that is
17 appropriate says that you're no longer going to get
18 away with this. And others in a similar situation, you
19 all need to understand that. They need to understand
20 this, that committing a sexual assault, committing a
21 drugging sexual assault comes with a heavy price. And
22 that price is your liberty.
23 Judge, I suggest that there have been a
24 lot of things said in this case and in the argument
25 that we heard a few minutes before that ask you to do 180 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 something out of the ordinary, that this guy should be
3 treated differently in some way. I've been before you
4 a lot and I'm confident that you won't do that, that
5 you won't treat him differently than you would treat
6 others that have committed this type of offense.
7 You know, this case in any way you look
8 at it calls for state incarceration. I suggest to the
9 Court that that's at the top end because of the things
10 that we talked about in the beginning here of the
11 seriousness of the offense, of the impact of the
12 victim, because of his specialization in this, and
13 because of the lack of acceptance of responsibility,
14 and no remorse. None.
15 So, Your Honor, in this and in
16 fashioning a sentence -- and I put my cards on the
17 table in the Sentencing Memorandum -- we're asking for
18 five to 10 years of state incarceration. We're asking
19 for a $25,000 fine which is the maximum fine. I'm
20 asking for, you know, the costs of prosecution, the
21 court costs, the sheriff's costs.
22 And I would also ask for one other
23 condition. In a case like this, you asked for an
24 assessment to be done of the defendant. You know,
25 we're going to hear a little bit more about that 181 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 tomorrow. But he didn't participate in the
3 psychosexual evaluation. So I would request as a
4 condition of any time that parole may come up for him
5 from the state prison, that he comply with that
6 evaluation and comply with the recommendations that are
7 made for him and for who he is.
8 And we got to see it. We got to see it.
9 We got to see it from his own words. We got to see it
10 from Andrea Constand and other strong people that have
11 come forward. I hope I've done a little bit of justice
12 with this and I hope that you will take that forward as
13 we approach the time that we are at where judgment day
411 14 is here. Or here tomorrow. Do justice, Your Honor.
15 Do justice.
16 THE COURT: Thank you very much.
17 All right. That would about end it,
18 unless you want to do a rebuttal if you have one now
19 or -- I mean, I would be -- you know, this is a full
20 hearing that if there was any comments tomorrow after
21 the final testimony is done, because clearly there may
22 be something there that would add to the argument of
23 both sides.
24 So I'll give both sides a little bit of
25 time tomorrow. Not to cover what was covered here, but 182 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 if there's any final remarks after all the testimony is
3 in, of course I'll allow it.
4 Other than that, is there anything else?
5 I will check off to make sure that all the sentencing
6 requirements have been met before I impose sentence.
7 If anybody feels that I've missed anything so far,
8 please remind me so that I can do that first thing
9 after we've completed the Sexually Violent Predator
10 Hearing.
11 MR. RYAN: Your Honor, I would just note
12 that to the extent you're making a list of things, we
13 have to do a colloquy for registration.
14 THE COURT: Well, I haven't declared him
15 a sexually violent predator, but of course we'll have
16 to do a colloquy of lifetime registration. And that
17 generally falls upon the District Attorney to make sure
18 that they capture all of the statutory requirements.
19 Do it, and I'll make sure I conduct the
20 colloquy since there have been changes. I know that I
21 have written forms, but they happen to be under SORNA
22 I, so they aren't applicable, but many of the things
23 might be applicable.
24 So if anybody has a written colloquy,
25 please have it ready. And if it changes anything or 183 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 any additions have to be made if I declare sexually
3 violent predator status.
4 All right. Anything else?
5 MR. GREEN: No, thank you.
6 THE COURT: All right. We are going to
7 reconvene hopefully tomorrow. We'll start to take an
8 assessment that everybody is here at 9:15.
9 appreciated everybody being here early. It gave us a
10 chance to get an early start. We will do it again
11 tomorrow morning.
12 Thank you all very much.
13 (At 3:30 p.m., proceedings were
14 concluded.)
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5 I hereby certify that the proceedings
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7 notes taken by me in the above cause and that this is a
8 correct transcript of the same.
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24
25 106/18 137/23 138/8 2017 [6] 30/20 30/21 30/22 42/6 48/7 MR. GREEN: [80] 6/19 7/22 29/10 $25,000 [1] 180/19 48/19 29/15 39/20 39/23 46/16 47/9 48/22 [1] 162/12 $3.8 2018 [29] 1/13 5/11 5/24 6/5 6/9 6/11 49/20 55/17 55/21 55/25 58/2 58/6 $3.8 million [1] 162/12 6/13 6/16 13/20 14/9 31/2 42/6 48/18 68/20 70/19 71/2 71/25 73/3 73/7 73/10 71/22 79/7 79/25 80/3 80/7 98/18 73/14 73/17 73/23 74/3 75/12 76/17 118/10 119/13 119/13 119/15 119/16 78/8 79/17 86/5 88/12 91/23 93/10 95/4 16 [1] 5/10 119/18 119/20 119/20 119/21 119/24 95/15 97/19 98/5 101/15 101/17 102/24 '18 [2] 5/21 33/9 20s [1] 22/3 103/24 104/20 105/5 105/12 105/24 '80s [1] 83/10 20th [1] 31/16 106/2 106/20 107/3 107/6 107/9 107/21 'I [1] 140/17 21 [1] 135/7 108/14 108/23 109/9 110/16 116/24 22 [4] 108/21 119/5 135/8 144/24 117/16 117/18 117/20 117/22 120/10 1 22nd [1] 119/20 120/14 121/23 122/13 131/3 131/6 10 [8] 13/20 13/22 32/25 85/5 117/5 24 [2] 1/13 33/9 149/14 149/17 149/22 150/4 150/8 119/3 135/15 180/18 24th [1] 6/5 150/12 152/2 152/23 152/25 153/20 10 -minute [1] 29/20 25 [3] 20/12 21/10 108/5 154/7 1 54/1 2 183/4 10 -year [1] 20/10 25th [2] 6/11 118/10 MR. RYAN: [43] 33/13 35/24 39/15 1189 [1] 30/19 26 [1] 5/21 41/12 46/25 49/23 50/19 51/8 52/14 11th [4] 71/22 98/18 119/18 119/24 26th [2] 5/11 119/21 52/24 53/18 54/8 58/16 68/17 69/3 12 [5] 84/8 104/2 108/25 119/7 137/10 29 [19] 9/3 9/15 13/22 13/23 14/2 16/17 70/17 70/21 77/24 79/13 80/13 87/25 1212 [1] 30/21 16/20 17/8 20/16 20/20 22/7 24/5 25/12 88/9 88/14 92/2 93/14 94/14 94/25 12:19 [1] 117/7 25/12 27/3 27/18 28/19 30/25 31/13 97/18 98/2 100/15 100/21 102/22 110/19 12th [2] 31/2 119/16 29 -year-old [1] 67/5 110/21 111/9 111/12 112/2 112/7 113/3 13th [1] 5/24 2nd [1] 6/9 113/8 113/20 116/25 182/10 14 [16] 42/18 44/20 80/12 80/23 80/25 MR. STEELE: [40] 29/24 70/15 70/23 81/6 81/17 81/17 81/20 82/8 82/8 82/16 3 71/9 71/14 71/17 72/2 72/8 72/10 72/14 82/20 82/23 94/10 135/2 3.8 [1] 155/21 72/17 74/20 75/4 117/17 117/19 124/9 15 [2] 20/11 44/19 30 [3] 64/15 69/14 170/10 124/19 126/18 126/24 127/4 127/13 15th [1] 119/13 33 [1] 3/5 127/17 129/3 129/16 130/7 130/11 16 [2] 1/7 108/25 36 [1] 119/5 130/18 130/23 131/20 132/2 132/7 133/3 164 A.3d [1] 30/19 3932 [1] 5/10 133/16 133/20 149/2 149/7 149/11 173 [1] 30/20 3932-16 [1] 1/7 150/18 166/14 166/19 17th [1] 119/19 3:30 [1] 183/13 MS. PIATKOWSKI: [2] 8/14 29/21 18 [7] 4/5 76/7 84/8 91/21 104/2 159/9 3rd [1] 30/22 THE COURT: [167] 5/7 7/21 8/10 29/9 164/8 29/12 29/18 29/23 29/25 30/13 36/2 18 -month [1] 67/9 4 19 [2] 51/20 135/6 38/9 39/18 39/21 39/25 46/18 47/4 47/8 4-26 [1] 5/21 1956 [1] 159/9 47/10 47/18 47/21 47/23 48/3 48/8 40 [1] 3/5 1958 [1] 159/17 48/11 48/14 48/20 49/17 49/22 49/25 404 [6] 51/12 51/18 96/17 125/19 1963 [1] 160/8 5117 51/9 52/23 53/6 54/7 54/18 55/2 126/12 126/14 55/9 55/19 55/24 57/11 58/4 58/7 68/22 1980s [1] 161/3 41 [1] 3/13 1990s [1] 10/2 69/5 71/4 71/13 71/15 71/18 72/6 72/9 46 [2] 48/11 48/13 1992 [1] 36/19 72/11 72/16 72/18 73/6 73/9 73/13 4:30 [1] 102/6 1994 [1] 93/3 73/16 73/18 73/24 74/6 75/2 75/8 75/14 4th [1] 119/12 76/8 76/11 78/3 79/16 79/19 80/15 88/3 1996 [1] 31/16 88/16 91/25 93/12 95/3 95/5 95/16 1998 [1] 160/11 5 19th [1] 30/20 96/10 96/20 97/2 97/8 97/12 97/15 50 [1] 135/13 1:30 [1] 117/4 97/20 97/24 98/3 98/9 98/14 100/20 51 percent [1] 109/16 1:37 [1] 117/8 100/22 101/16 101/23 102/23 103/22 5920 [1] 113/16 104/14 105/4 105/11 105/13 105/25 1st [1] 6/12 106/3 106/23 107/5 107/8 107/12 108/9 6 2 108/15 109/3 109/25 110/17 110/20 60 -some [1] 7/19 [3] 69/14 108/5 144/25 111/7 111/10 111/13 112/3 112/17 113R 20 66 [1] 70/6 20 percent [1] 39/7 113/19 115/8 117/2 117/15 117/21 69 [2] 3/5 3/13 200 [1] 38/17 117/24 120/13 120/23 122/4122/14 6th [1] 119/14 125/4 126/19 127/3 127/7 127/15 128/24 2000 [1] 36/18 129/4 130/2 130/9 130/12 130/22 131/5 2000s [1] 16/10 7 131/17 131122 132/8 133/5 133/9 133/13 2003 [1] 169/4 7-24 [1] 33/9 83/12 133/22 140/25 143/25 149/4 149/8 2004 [11] 79/7 79/12 80/7 80/22 70 [4] 38/8 39/7 39/7 69/10 149/12 149/16 149/20 149/24 150/5 85/6 86/4 106/20 135/3 135/23 136/4 150/10 150/14 150/16 150/22 152/5 2005 [6] 42/19 42/20 93/19 105/3 142/6 8 152/24 153/6 153/23 154/11 166/11 162/5 80 [2] 69/21 70/11 166/16 181/15 182/13 183/5 2006 [3] 36/15 42/20 136/25 80s [1] 70/2 THE WITNESS: [26] 38/11 47/6 47/13 2008 [2] 36/10 37/2 81 [3] 21/13 70/7 161/9 47/20 47/22 48/2 48/5 48/10 48/13 2009 [1] 76/20 81 -year-old [4] 80/11 109/21 161/16 48/16 54/25 55/8 76/10 78/6 78/17 2012 [4] 13/16 13/19 14/9 31/16 165/17 79/23 80/17 88/4 96/9 96/19 96/25 97/7 2014 [1] 79/25 97/11 97/14 133/8 133/12 2015 [1] 34/9 9 2015-2016 [1] 138/8 9-11-18 [2] 4/5 76/7 2016 [7] 34/12 37/2 83/25 103/24 92 [1] 3/5 9 address [7] 8/24 27/11 85/17 101/16 50/21 100/22 112/2 131/4 163/11 166/9 allowing [2] 136/13 140/24 95 [1] 3/5 addressed [2] 77/20 78/15 allows [1] 12/4 9799.51 [1] 31/5 addresses [1] 77/4 Allred's [1] 156/7 9:15 [2] 1/13 183/8 adduced [1] 121/9 alluded [1] 25/22 9th [1] 6/16 adequacy [1] 87/22 almost [1] 139/6 A adequate [1] 11/25 alone [3] 22/9 143/15 169/14 adequately [1] 29/17 along [5] 42/23 59/11 61/13 177/7 178/7 A.3d [2] 30/19 30/21 admiration [1] 67/11 already [11] 54/20 66/6 68/22 82/10 a.m [1] 1/13 admission [2] 35/25 68/20 82/14 82/17 111/16 111/17 118/5 127/25 abilities [1] 170/7 admissions [4] 53/3 59/10 67/24 169/20 129/2 ability [4] 92/12 101/8 140/13 172/5 admit [1] 136/22 alternate [1] 24/8 able [30] 21/7 21/14 39/3 46/3 54/15 admitted [2] 123/5 144/12 am [39] 31/23 34/2 34/3 34/4 34/22 54/25 56/19 57/21 58/13 60/2 75/16 adopted [2] 84/5 121/5 37/15 40/18 52/11 54/15 57/25 73/4 81/10 82/3 82/5 95/23 96/2 101/22 adult [6] 28/8 28/15 64/21 118/11 121/2 77/3 79/24 85/4 96/20 100/9 101/10 108/18 110/3 114/20 115/24 130/22 137/4 112/22 116/3 121/18 124/21 127/25 134/21 136/13 145/11 149/25 150/2 adults [1] 28/11 131/24 133/2 135/14 140/17 141/19 162/11 170/16 175/4 advantage [2] 21/14 45/24 141/25 144/16 144/19 144/21 144/22 abnormalities [1] 62/20 adventurous [1] 146/4 145/11 147/8 148/20 153/24 175/2 175/2 abnormality [18] 44/2 44/10 62/9 62/13 advice [3] 95/24 100/2 100/2 175/3 62/15 62/25 63/7 63/11 63/14 68/2 68/7 advise [2] 43/22 75/16 amazing [2] 145/3 145/17 104/20 105/16 105/22 106/12 106/14 advised [1] 99/14 ambitions [1] 67/12 107/19 115/2 advisement [1] 115/10 amended [1] 10/19 abnormality/personality [1] 63/14 advocacy [7] 155/14 155/21 155/23 amendment [3] 8/6 1 55/1 2 1 55/1 5 above [3] 179/5 179/15 184/7 156/6 156/10 156/20 157/14 amendments [2] 6/21 7/11 absence [3] 79/18 115/5 115/7 advocates [3] 155/7 155/15 157/6 American [1] 160/14 Absolutely [1] 44/17 affect [2] 154/5 157/14 among [4] 15/10 77/5 77/19 78/14 abuse [3] 22/11 168/20 175/12 affected [4] 141/21 157/11 157/12 158/7 amount [2] 139/21 162/19 abuser [1] 174/24 affects [1] 106/7 Amy [1] 119/20 accept [5] 8/4 36/4 89/2 158/10 164/14 Affidavit [3] 1 20/1 7 120/22 122/10 analysis [3] 16/24 18/15 106/22 acceptance [2] 167/8 180/13 affirmative [3] 19/3 21/3 22/14 analyzed [2] 14/19 27/17 accepted [6] 89/4 104/8 114/16 162/13 afraid [1] 139/6 analyzing [2] 11/11 16/7 162/13 162/18 African [1] 160/14 and/or [2] 32/25 60/3 access [1] 139/23 afternoon [4] 100/7 110/6 112/6 115/24 Andrea [38] 3/19 58/25 118/24 118/25 accomplish [1] 134/23 afterwards [2] 131/12 171/13 119/12 128/4 128/9 128/10 132/6 135/3 according [3] 7/4 94/9 103/13 against [7] 10/11 11/6 57/3 62/5 93/19 135/7 135/8 136/2 140/22 142/2 142/3 account [3] 77/7 77/10 78/20 164/5 164/7 143/7 143/22 144/24 145/2 145/13 accountable [2] 139/14 139/16 age [14] 45/8 78/20 78/24 95/13 109/20 145/22 145/25 146/7 146/18 146/21 accounted [1] 78/22 144/24 144/25 158/25 159/9 161/9 148/22 148/24 168/5 170/3 170/6 171/13 accumulated [1] 137/13 161/10 161/14 165/21 177/25 172/12 173/20 174/8 176/21 178/15 accuracy [1] 80/19 agencies [1] 130/2 181/10 accurate [1] 35/22 ages [1] 145/10 Andrea's [10] 128/6 136/5 141/18 accurately [1] 184/6 aggravated [8] 5/12 31/14 118/22 119/2 141/19 142/22 144/15 144/22 147/5 accused [1] 156/4 119/6 125/8 168/23 169/7 147/18 172/21 achieve [1] 45/5 aggravating [1] 167/21 Andrew [6] 3/21 119/14 128/6 128/13 acknowledge [1] 81/23 aging [5] 76/22 77/5 77/19 78/14 112/20 141/6 141/25 acknowledged [3] 98/23 103/5 109/19 ago [4] 83/23 104/2 154/21 160/8 Andy [2] 135/18 143/25 acquired [2] 63/16 107/2 agonizing [1] 173/6 aneurysms [1] 138/9 act [44] 5/16 9/3 9/15 13/18 13/20 13/22 agree [7] 77/4 79/10 82/19 85/6 87/12 anguish [1] 172/24 13/22 13/23 14/2 15/10 16/17 16/20 93/24 153/2 annual [1] 20/3 17/8 17/24 20/16 20/19 22/7 22/12 24/5 agreed [1] 118/19 anomaly [1] 15/7 25/12 25/12 27/3 27/18 28/18 30/25 agreement [8] 137/2 137/3 137/4 138/21 another [9] 22/10 99/15 99/19 111/2 31/13 31/20 31/21 32/15 32/25 33/5 139/4 140/2 162/4 162/7 111/15 111/19 155/8 173/3 178/19 40/6 47/16 51/15 58/9 59/24 64/14 65/4 Agrusa [2] 113/18 113/20 answer [14] 8/9 29/8 75/17 78/2 78/5 66/14 68/2 72/23 84/10 106/9 167/4 ahead [4] 132/23 134/13 141/24 144/20 78/18 82/12 85/12 88/11 88/14 91/7 action [1] 32/4 ailments [1] 136/16 147/19 147/20 1'63/7 actions [4] 67/14 167/9 173/20 174/4 aimed [1] 9/9 answers [3] 94/19 142/11 178/23 active [1] 23/7 aims [1] 19/6 antisocial [1] 62/22 actively [1] 135/24 airplane [2] 164/10 164/12 anxieties [1] 143/24 actor [3] 168/9 169/24 179/10 alcohol [4] 45/6 45/25 60/3 89/11 anxiety [2] 62/20 137/12 acts [2] 30/24 70/6 allegations [4j 57/3 82/22 93/18 160/25 anybody [14] 56/24 74/23 100/15 116/23 actual [3] 96/7105/21' 126/10 alleged [1] 161/2 126/23 150/7 153/25 154/3 154/7 166/2 actually [8] 16/7 16/25 19/13 43/22 50/6 Alleyne [2] 25/9 56/16 166/3 176/17 182/7 182/24 85/11 99/19 122/21 allocute [5] 116/18 123/19 123/25 anymore [1] 164/12 add [2] 137/24 1 81 /22 153/10 153/15 anyone [6] 11/10 138/22 140/14 163/6 addict [1] 147/24 allocution [8] 116/17 123/16 123/18 165/20 165/24 addition [5] 42/12 59/7 66/6 103/11 123/21 150/25 151/18 153/3 153/11 anything [23] 59/4 71/25 100/11 110/18 112/13 allow [4] 10/10 95/24 152/11 182/3 111/17 115/19 121/20 122/12 122/20 additional [4] 12/19 57/22 116/13 116/14 allowed [8] 37/5 37/5 37/7 47/16 49/25 133/11 133/12 136/23 139/3 145/19 additions [1] 183/2 A Arts [1] 36/14 attempts [3] 134/20 175/17 175/18 ascribe [1] 75/4 attend [2] 37/7 61/6 anything... [9] 149/10 152/20 154/4 ascribing [1] 73/20 attended [1] 168/25 163/2 167/11 182/4 182/7 182/25 183/4 ashamed [1] 172/11 attention [1] 7/17 anyway [1] 102/12 aside [3] 114/9 158/4 163/8 attested [1] 11/16 anywhere [2] 86/4 166/17 ask [32] 8/4 12/23 13/3 44/6 54/15 57/10 attitude [1] 148/12 APA [1] 84/5 67/18 80/17 82/11 88/10 88/18 92/16 attorney [8] 2/4 51/14 83/2 96/14 125/12 apologize [4] 82/13 106/3 120/13 136/22 94/7 95/19 101/19 108/10 113/14 116/18 130/5 179/9 182/17 apparently [2] 99/9 110/4 124/11 134/4 147/18 147/20 161/15 Attorney's [7] 5/23 35/5 52/5 57/17 appeal [3] 31/9 122/2 158/12 163/17 165/13 167/3 167/6 176/11 155/20 156/5 164/16 appear [3] 20/15 122/24 131/24 176/23 178/20 179/25 180/22 Attorneys [1] 2/6 appeared [2] 2/2 160/9 asked [10] 34/18 74/21 75/6 79/25 92/17 attractive [1] 15/5 appears [1] 88/19 148/13 159/18 162/11 162/17180/23 August [5] 6/9 6/12 6/16 119/13 119/20 applicable [8] 8/22 14/20 27/16 27/21 asking [17] 52/16 58/21 78/4 79/17 August 15th [1] 119/13 31/2 85/8 182/22 182/23 79/20 87/9 89/4 102/9 109/5 124/21 August 22nd [1] 119/20 application [6] 73/5 103/15 154/16 124/22 127/22 133/2 176/11 180/17 August 9th [1] 6/16 156/25 157/14 165/14 180/18 180/20 authored [1] 76/19 applied [11] 6/23 18/14 49/3 56/16 104/7 aspect [6] 100/17 129/20 143/9 143/16 authorities [2] 8/8 175/19 104/16 105/3 107/20 107/25 108/8 166/5 1 77/1 7 1 78/1 9 authority [1] 131/8 applies [4] 11/12 14/2 14/3 26/10 aspects [7] 28/25 102/3 129/21 142/7 automatic [1] 177/13 apply [8] 6/22 14/13 22/23 106/19 155/4 167/20 172/6 176/15 availability [2] 122/7 126/22 157/17 165/13 165/15 assault [19] 5/13 31/15 93/25 118/22 available [11] 10/9 21/25 49/7 61/3 applying [2] 30/25 31/14 119/2 125/9 135/3 168/21 169/6 170/9 86/12 98/19 101/13 102/15 118/21 appointed [2] 34/12 34/13 170/20 171/5 171/18 172/8 172/14 130/25 177/15 appointment [1] 34/18 173/10 174/9 179/20 179/21 avenue [1] 173/15 appreciated [1] 183/9 assaulted [10] 11/4 67/13 91/17 147/17 avoided [1] 70/9 Apprendi [1] 56/16 169/9 1 71 /23 172/2 172/9 172/23 173/4 awarded [2] 36/11 36/15 Apprendi/Alleyne [1] 56/16 assaulting [2] 67/15 176/3 aware [16] 9/25 31/7 46/23 69/22 69/24 approach [5] 35/13 98/10 132/8 133/21 assaults [1] 175/24 70/12 77/9 79/13 79/21 80/4 82/23 181/13 Assembly [3] 12/16 12/17 32/9 96/19 96/20 120/25 146/20 147/8 appropriate [5] 71/9 121/22 151/16 Assembly's [1] 12/24 away [3] 22/22 147/7 179/18 158/4 179/17 assert [1] 131/14 awe [3] 175/2 175/2 175/3 appropriately [2] 23/3 99/12 asserts [1] 48/23 approved [1] 85/3 assess [1] 41/22 B approximate [1] 39/3 assessed [1] 66/19 Bachelor [1] 36/20 approximately [3] 38/6 38/17 69/10 assesses [1] 12/25 background [5] 5/20 36/9 122/23 125/2 Aprendi [1] 25/9 assessing [3] 13/5 36/22 39/18 170/6 April [2] 5/11 31/16 assessment [50] 3/14 5/15 5/17 5/20 backgrounds [1] 135/14 April 26th [1] 5/11 5/22 6/8 34/3 34/11 34/21 34/24 36/23 bad [4] 47/16 59/24 64/14 103/21 apt [2] 15/5 16/25 37/4 37/8 38/23 40/5 40/10 40/11 40/12 badly [1] 137/7 arbitrary [1] 11/20 40/24 41/6 42/14 42/25 44/8 45/14 Bailey [1] 119/21 Ardmore [2] 101/13 115/14 52/17 55/13 62/7 62/12 64/2 65/21 66/7 balance [2] 13/6 24/17 area [1] 177/15 67/22 77/10 77/10 77/11 77/11 77/14 ball [2] 80/19 145/20 aren't [3] 88/17 157/12 182/22 77/17 78/21 79/22 89/24 94/6 94/6 band [1] 176/14 arguably [1] 12/12 94/11 94/13 95/10 112/14 112/15 180/24 bar [1] 73/5 argue [3] 151/12 151/12 153/22 183/8 Barbaree [4] 76/20 77/21 77/22 78/16 argued [1] 68/22 assessments [8] 38/6 38/8 38/15 38/18 barbies [1] 145/21 argues [1] 21/12 39/2 43/8 69/10 85/18 barred [1] 137/5 argument [36] 6/17 6/19 8/10 8/24 24/10 assessor [1] 74/11 based [27] 6/3 28/2 33/2 33/3 35/6 40/2 26/9 29/12 47/10 47/12 48/22 102/21 assigned [1] 24/8 42/19 58/21 59/3 60/13 64/3 64/3 64/4 108/12 109/4 110/4 113/17 121/22 assist [2] 37/6 38/15 64/13 67/3 67/3 68/7 72/13 80/5 81/7 123/14 123/15 123/19 123/25 126/4 Assistant [1] 2/6 90/9 111/4 112/16 113/21 152/12 155/7 126/7 127/13 127/15 127/22 149/11 assisted [1] 38/17 157/18 150/4 151/8 151/16 152/4 153/6 153/20 associate [2] 118/13 139/12 basically [2] 137/5 138/16 176/24 177/14 179/24 181/22 Association [1] 37/17 basing [1] 108/23 arguments [18] 19/10 21/4 29/17 29/20 assume [2] 51/14 130/6 basis [17] 16/11 16/16 23/2 25/15 37/9 30/17 51/21 113/10 115/23 116/15 _ assumed [1] 140/5 49/6 56/6 68/21 89/9 104/4 110/7 110/8 123/13 125/4 150/25 151/5 t52/9 154/3 assuming [3] 52/12 129/6 152/8 112/16 113/2 120/20 137/9 166/21 157/22 157/24 1 64/1 9 assumption [4] 85/19 99/9 99/18 101/2 basketball [3] 170/13 172/16 172/18 Arizona [1] 170/12 assumptions [2] 115/17 1 52/1 3 battle [4] 119/19 136/10 139/6 139/16 around [7] 51/25 69/18 108/22 137/13 assures [1] 156/25 battles [1] 136/6 1 45/1 7 146/5 1 48/1 2 athlete [1] 170/11 bear [1] 59/18 arousal [1] 176/5 athletically [1] 142/4 bearing [1] 140/6 arrangements [1] 73/13 Ativan [1] 142/25 beautiful [2] 135/8 178/16 arrest [4] 165/25 176/13 177/2 177/5 attached [3] 98/20 118/17 145/20 beauty [1] 82/11 arrests [1] 161/20 attachments [1] 120/2 became [6] 101/13 136/4 136/7 136/9 article [4] 70/4 76/19 77/21 78/16 attacks [1] 174/21 138/7 156/13 articles [1] 139/22 attempt [4] 15/23 32/18 109/2 174/12 become [4] 109/6 142/11 156/22 159/20 articulate [1] 81/18 attempted [1] 163/22 becomes [2] 49/6 134/18 artist [1] 147/23 B bonding [1] 146/6 cards [1] 180/16 bonds [1] 146/9 care [1] 137/18 becoming [4] 19/19 19/19 19/20 37/10 borderline [1] 62/23 cared [1] 140/15 befriend [1] 81/10 both [22] 18/13 19/10 41/14 48/24 49/4 career [1] 67/12 befriends [1] 59/25 54/17 56/9 71/4 96/17 103/15 107/17 Carpenter [1] 7/25 began [1] 142/25 115/25 121/15 125/11 126/5 126/21 carries [2] 31/2 119/3 beginning [3] 168/3 170/25 180/10 135/13 158/22 158/23 168/9 181/23 cars [1] 136/12 begins [1] 35/3 181/24 case [91] 5/9 9/15 12/13 14/18 15/4 17/7 behalf [6] 8/16 101/3 102/18 122/18 bothered [1] 7/20 17/21 20/15 25/4 25/5 26/8 26/10 26/22 123/20 136/19 bottom [1] 179/5 27/15 27/20 27/23 28/16 29/23 30/21 behavior [15] 44/3 44/11 56/18 63/17 bound [1] 140/2 31/3 31/14 31/21 34/15 40/10 40/13 64/7 64/15 64/17 64/21 66/8 66/21 box [1] 96/12 45/3 46/5 50/17 51/17 51/25 52/8 52/21 66/25 76/22 90/18 170/3 177/11 boxes [1] 42/4 53/5 53/9 53/17 53/19 53/23 56/18 behavioral [2] 46/11 61/21 brain [1] 138/9 60/19 63/23 65/18 68/4 72/21 90/6 behaviors [1] 64/25 break [7] 44/21 101/11 109/8 113/13 96/25 100/24 101/9 101/20 102/2 105/3 behind [2] 167/3 167/4 115/10 116/19 152/18 107/14 109/6 110/14 118/9 118/18 being [35] 5/6 20/24 21/14 24/25 27/7 breaking [1] 151/3 120/21 121/4 121/19 122/9 122/11 30/12 56/4 56/22 76/4 92/13 96/3 breaks [1] 93/7 123/17 124/6 124/23 125/7 125/23 101/12 113/11 114/4 116/5 117/14 breathe [1] 142/22 129/23 132/15 140/25 141/11 157/5 126/15 134/21 137/17 140/8 142/20 brief [2] 75/14 1 08/1 4 157/9 157/11 157/13 157/21 162/17 146/17 146/19 146/23 147/5 147/16 briefing [1] 157/23 165/18 166/7 166/25 167/7 167/15 147/22 147/23 147/23 148/2 148/3 briefly [4] 27/11 59/15 92/3 164/25 167/21 167/23 168/19 168/23 169/4 167/24 173/3 174/19 183/9 bright [1] 148/12 170/25 175/4 178/22 179/24 180/7 beings [1] 135/20 brighten [1] 143/23 180/23 belief [1] 74/8 bring [4] 107/14 150/3 150/8 160/17 cases [18] 7/16 7/19 8/2 8/12 15/25 31/7 believe [26] 37/13 42/9 51/20 52/21 bringing [3] 129/2 136/11 146/24 33/4 42/19 53/3 56/14 56/16 56/21 53/22 54/7 54/11 68/18 81/15 83/11 broad [3] 24/22 114/12 130/24 69/13 79/25 107/14 109/5 115/3 168/17 83/21 83/23 83/25 88/25 99/19 108/14 broader [3] 15/9 16/3 25/22 Castor [1] 163/23 109/23 111/15 113/18 120/9 120/19 broke [1] 114/13 catalyst [1] 12/12 140/5 140/14 148/24 162/23 167/10 brother [1] 158/25 catch [2] 65/17 176/9 believed [3] 143/22 164/9 1 68/1 0 brothers [1] 158/24 catch-all [1] 65/17 believes [1] 166/3 brought [1] 160/13 categories [3] 44/22 65/14 114/14 believing [1] 140/22 bucket [1] 104/24 category [2] 27/21 85/4 belittled [1] 174/13 building [1] 175/13 caught [2] 24/4 138/10 belong [1] 37/16 built [1] 169/15 caused [6] 136/15 140/7 140/16 140/25 Beltway [1] 157/9 bullying [3] 148/5 173/21 179/2 143/11 143/21 benefit [1] 172/13 bunk [1] 15/7 causing [1] 139/5 best [3] 12/15 22/15 153/12 burden [11] 9/20 9/21 11/16 13/2 27/14 center [2] 160/12 178/3 betrayal [1] 168/16 28/21 54/8 54/10 58/11 114/22 123/8 certain [13] 6/7 10/15 14/14 23/9 30/23 better [3] 115/24 157/4 1 63/1 5 Butler [8] 15/4 17/7 25/4 25/4 25/5 25/16 31/9 118/2 118/5 118/8 118/15 125/14 between [16] 13/24 15/23 37/2 44/24 30/20 56/13 147/12 152/13 45/24 79/6 79/25 80/7 93/6 96/14 114/4 buy [1] 161/25 certainly [12] 29/2 49/12 57/15 66/2 119/5 150/21 160/16 160/18 162/5 100/19 114/10 116/18 158/13 161/22 beyond [11] 7/3 25/8 25/20 64/11 65/2 C 165/21 169/24 170/17 65/2 106/18 113/25 121/10 126/25 175/8 C-SVP-1 [7] 35/11 35/14 35/18 36/2 certainty [4] 40/21 66/4 68/16 94/24 big [1] 151/3 36/4 36/5 39/13 certify [1] 184/5 bigger [1] 141/13 C-SVP-2 [7] 3/13 41/8 41/12 41/17 challenge [2] 147/4 158/3 biggest [2] 23/20 147/4 41/24 68/20 69/2 challenged [2] 16/10 16/16 Bill [11] 135/4 136/15 137/3 137/23 called [12] 26/5 43/12 47/25 57/3 96/15 challenges [4] 16/11 146/25 147/9 157/6 138/7 138/11 138/19 140/7 140/15 96/17 126/11 147/22 147/23 147/24 challenging [3] 9/13 31/19 31/20 142/14 166/3 148/2 148/3 chance [5] 70/19 153/22 153/25 154/2 Bills [2] 5/11 42/3 calling [2] 102/18 126/14 183/10 biography [1] 160/11 calls [1] 180/8 change [19] 7/11 8/6 14/25 15/2 15/3 bit [7] 17/7 59/21 66/23 110/15 180/25 Camille [1] 159/3 21/8 21/24 81/21 81/22 96/5 96/7 97/14 181/11 181/24 campaign [7] 155/21 156/6 156/8 163/19 102/10 104/21 104/22 110/15 115/12 black [1] 160/16 163/21 164/15 173/22 118/5 179/3 blame [1] 172/10 can't [19] 6/23 71/7 74/2 80/16 86/18 changed [11] 21/6 59/5 85/23 100/6 blamed [1] 146/18 100/11 102/17 103/10 104/7 105/3 104/7 135/23 136/4 137/21 140/11 142/8 Blanchard [4] 76/20 77/21 77/22 78/16 105/21 107/10 107/11 109/24 110/9 142/20 blind [6] 69/23 81/23 81/24 82/4 109/21 115/21 146/13 146/14 175/19 changes [12] 15/15 19/18 19/18 19/19 160/22 Canada [5] 42/9 135/15 135/17 170/12 20/19 20/20 73/2 104/16 143/11 156/9 blindness [1] 161/11 172/25 182/20 182/25 blip [1] 15/7 cannot [6] 79/2 80/19 81/19 100/9 changing [3] 103/17 104/10 108/7 board [25] 5/22 6/8 34/3 34/11 34/12 113/24 139/13 character [1] 143/11 34/14 34/15 34/18 34/21 34/22 34/23 capable [1] 57/13 characteristic [1] 62/2 34/24 35/3 36/23 37/4 37/5 37/8 37/10 capacity [4] 45/10 59/18 60/4 106/7 characteristics [6] 46/10 46/12 59/14 40/5 40/12 41/20 67/7 74/14 74/14 capture [1] 182/18 61/12 61/16 61/22 172/19 captures [1] 24/22 characterization [1] 92/22 body [3] 32/5 32/16 118/24 card [1] 176/11 charged [6] 22/11 57/2 157/19 157/25 boiled [1] 164/13 C collected [2] 6/7 83/2 concede [1] 104/4 collects [1] 51/4 concerned [3] 50/5 69/20 69/23 charged... [2] 164/5 167/14 College [2] 36/18 36/20 concerns [2] 54/12 83/9 charges [1] 174/19 colloquy [6] 123/21 151/20 182/13 conclude [3] 109/13 109/22 110/9 chasing [1] 146/4 182/16 182/20 182/24 concluded [4] 101/21 101/22 159/14 check [2] 23/2 182/5 comes [9] 51/3 52/13 71/6 123/17 183/14 Cheltenham [1] 42/7 158/19 158/20 158/21 175/25 179/21 conclusion [11] 38/19 41/3 50/23 64/5 Chester [1] 7/19 comfortable [3] 55/18 92/8 166/18 65/6 65/20 86/22 89/25 90/12 120/23 Chestnut [2] 36/17 36/19 comic [1] 160/14 163/14 chiefly [1] 46/9 coming [1] 170/11 conclusions [2] 54/16 67/19 child [4] 22/11 22/12 69/12 135/6 commence [1] 6/19 condemnation [1] 156/4 children [7] 10/24 11/6 12/8 18/2 53/22 commenced [1] 5/3 condition [31] 62/16 62/16 63/16 63/19 159/4 159/5 Commencing [1] 1/13 63/19 64/6 64/10 64/15 64/25 81/21 choose [3] 22/24 43/14 135/21 comment [2] 84/3 164/10 85/8 105/24 106/6 106/23 106/25 107/3 chooses [3] 22/25 123/23 123/24 comments [2] 156/2 181/20 107/4 107/5 107/7 107/8 107/10 107/11 chose [4] 43/3 53/17 134/21 160/10 commission [1] 106/9 107/15 107/17 107/23 107/24 108/2 church [1] 168/25 commitment [2] 99/15 154/24 108/3 165/22 180/23 181/4 circumstances [2] 56/8 161/10 committed [8] 14/3 26/15 26/21 26/25 conditioned [1] 10/15 cite [2] 52/22 105/21 70/5 166/24 175/12 180/6 conditions [1] 165/22 cited [4] 8/8 8/13 33/5 52/25 committing [3] 12/19 179/20 179/20 conduct [39] 8/21 42/13 43/8 46/13 53/2 cites [1] 106/15 common [5] 1/2 7/24 31/8 171/14 172/4 56/24 57/16 61/23 66/18 66/25 68/4 citizens [2] 10/23 17/25 COMMONWEALTH [40] 1/6 2/6 3/17 79/16 79/18 79/19 83/7 84/17 85/2 85/6 citizenship [1] 22/23 5/9 6/4 6/12 8/14 8/17 11/13 28/24 85/24 103/12 103/13 103/18 104/3 104/8 civil [4] 9/9 14/24 173/16 174/7 30/19 30/20 32/21 33/11 51/11 52/22 104/10 104/12 104/25 105/4 106/19 civilization [1] 156/13 53/10 56/4 56/19 74/20 102/21 105/8 109/2 120/17 120/20 125/20 126/16 claim [8] 25/3 25/22 26/12 27/10 27/15 113/15 114/21 116/12 118/19 119/9 155/19 155/22 164/15 179/16 182/19 28/17 79/11 162/18 123/7 123/15 124/9 124/17 126/9 126/13 conducted [3] 67/22 156/6 163/21 claimed [1] 121/23 128/4 129/23 130/16 154/24 168/18 conducting [5] 38/18 42/25 44/8 52/17 claiming [1] 9/15 1 68/1 9 169/2 94/6 claims [6] 8/23 8/25 47/13 71/8 130/17 COMMONWEALTH'S [33] 3/3 3/10 9/20 conference [1] 98/12 162/14 17/25 24/16 30/16 33/16 35/10 36/5 confidant [1] 168/20 clarification [1] 111/9 41/8 69/2 101/20 103/2 103/14 108/12 confidence [1] 138/4 clarified [2] 47/19 112/18 110/14 119/24 124/14 124/16 124/18 confident [4] 145/16 166/8 170/10 180/4 clarify [1] 51/8 128/3 128/6 128/8 128/11 128/14 128/17 confidential [1] 51/13 clarifying [1] 110/25 128/20 128/22 132/13 134/3 141/12 confidentiality [1] 137/2 clarity [1] 133/7 144/11 152/18 confinement [4] 119/6 165/19 165/23 class [1] 16/3 communicate [1] 92/12 167/7 classes [1] 21/21 communicated [1] 101/7 confines [1] 75/7 classic [1] 103/14 communicating [1] 74/13 confrontation [7] 48/24 49/9 49/10 49/17 classification [2] 85/14 114/12 communication [4] 99/3 102/16 111/24 54/2 56/3 56/9 classified [4] 39/8 41/4 85/4 87/6 136/15 confronted [1] 31/12 classify [1] 85/24 communities [1] 12/4 confronting [1] 54/3 clause [6] 26/19 27/9 48/24 49/17 community [18] 9/10 10/10 10/10 11/21 congenital [3] 63/16 106/6 107/2 104/13 104/23 12/2 12/3 12/6 13/7 20/24 23/5 23/10 Conklin [1] 42/20 clean [1] 136/22 24/9 81/9 81/10 157/2 167/2 175/9 connection [1] 74/18 clear [23] 7/4 7/10 7/23 9/19 14/10 25/14 175/11 consensus [1] 12/23 32/12 32/13 54/10 59/13 96/9 109/13 company [1] 106/22 consent [5] 84/11 87/22 118/24 125/9 109/16 109/23 109/25 115/18 116/6 compare [1] 16/17 168/7 120/19 125/5 128/25 129/11 162/10 compared [1] 45/14 consenting [8] 64/9 65/11 65/19 65/24 167/13 comparison [1] 16/25 84/19 86/16 90/4 90/7 clearer [1] 75/9 compassion [1] 143/12 consequences [6] 56/8 64/19 157/3 clearest [1] 9/14 compassionate [1] 145/24 165/22 171/16 171/17 clearly [17] 9/15 31/21 52/3 53/12 55/12 compensate [1] 161/24 consider [22] 29/20 54/24 57/14 57/22 71/5 73/22 99/14104/17 111/11 112/13 competitive [1] 142/4 58/9 60/17 61/15 62/8 74/15 95/25 97/5 112/23 115/16 129/8 151/17 177/11 compile [1] 35/3 113/14 114/23 118/7 121/15 121/22 181/21 complaint [3] 42/4 83/13 121/6 149/7 150/2 163/17 168/22 175/9 176/23 clerk [8] 130/6 130/11 130/18 131/9 complete [4] 55/19 124/4 159/15 162/14 consideration [8] 53/4 58/22 59/19 131/9 131/10 131/16 131/25 completed [2] 60/23 182/9 102/20 120/23 162/21 175/11 177/6 client [4] 102/18 122/19 122/19 151/19 completely [2] 17/16 135/23 considerations [1] 124/6 client's [1] 153/8 completing [1] 134/20 considered [22] 6/7 7/24 9/8 23/18 30/15 Clinical [1] 36/11 complex [1] 9/24 45/13 46/8 46/20 46/21 60/21 61/6 close [3] 135/5 146/3 165/2 compliance [1] 10/16 64/24 66/8 96/6 97/10 116/11 118/3 close-knit [1] 135/5 complicated [2] 170/25 171/3 118/16 119/17 121/10 140/15 177/12 closely [1] 53/15 comply [3] 15/16 181/5 181/6 considering [2] 13/5 21/16 closing [1] 157/23 components [1] 17/23 considers [2] 18/4 121/21 cloud [1] 143/7 Compound [1] 80/15 consist [1] 34/25 Code [5] 130/14 152/15 161/23 162/21 compounded [1] 142/16 consistent [2] 40/6 64/7 165/18 comprehend [1] 142/18 consistently [1] 32/8 cognizant [2] 30/23 31/23 con [1] 147/23 consoling [1] 136/17 colleagues [2] 32/22 32/23 C correspondence [1] 160/3 168/22 169/4 174/5 176/23 177/16 COSBY [62] 1/8 3/14 5/9 5/10 6/24 7/12 178/20 178/25 179/7 180/9 180/21 Constand [42] 3/19 3/21 3/22 44/25 11/10 40/13 41/3 41/7 43/3 44/24 45/20 184/11 45/20 58/25 59/9 62/6 67/5 87/24 88/5 59/25 60/19 61/4 64/14 64/20 67/4 67/7 Court's [8] 11/8 13/14 18/12 25/16 53/4 88/22 88/25 89/11 90/13 91/17 118/24 67/10 70/5 79/11 86/20 87/12 89/15 99/21 121/7 150/25 118/25 119/12 119/13 119/14 128/4 118/12 132/25 135/4 136/15 137/3 courthouse [3] 1/16 155/14 156/8 128/6 128/7 128/11 128/14 128/17 132/6 137/23 138/7 138/11 138/19 140/15 courthouses [1] 165/12 132/12 133/17 133/19 134/2 141/6 142/14 157/25 158/10 158/12 158/16 courtroom [9] 1/12 49/2 140/11 148/7 141/25 143/25 148/23 148/24 162/2 158/19 159/3 159/4 159/8 159/9 159/17 154/25 163/6 170/5 174/23 175/5 162/11 170/3 170/6 181/10 160/8 160/20 160/21 160/24 161/24 courtrooms [1] 165/12 Constand's [2] 67/10 128/9 162/25 163/5 163/13 164/3 164/12 courts [10] 7/24 12/11 31/8 31/25 32/17 constant [3] 10/19 10/20 148/5 164/17 166/4 172/19 174/10 174/11 130/7 130/11 130/18 132/2 168/17 constitute [5] 25/7 56/9 84/12 85/2 85/7 Cosby's [11] 46/12 60/19 61/22 64/4 cover [4] 105/11 149/11 154/9 181/25 constitutes [1] 84/23 81/7 81/21 84/17 90/13 140/7 157/18 covered [2] 94/21 181/25 Constitution [11] 9/16 17/19 26/13 27/12 163/15 crazy [1] 146/4 31/22 32/13 104/14 154/23 154/23 cost [2] 131/10 138/17 create [1] 64/18 156/15 156/16 costs [15] 129/23 129/25 129/25 130/4 creates [2] 21/3 59/24 Constitution's [1] 17/18 130/4 130/5 130/15 130/17 130/21 131/8 credible [2] 79/11 163/4 constitutional [7] 8/6 9/22 13/10 24/13 131/9 131/14 180/20 180/21 180/21 crier [2] 30/4 75/19 25/13 32/5 33/6 counsel [19] 2/2 13/11 13/24 26/8 29/21 crime [9] 8/20 35/2 134/9 1 57/1 8 1 57/1 9 constitutionality [7] 9/13 9/18 31/19 41/15 70/21 71/4 98/7 98/17 116/15 158/10 160/25 174/17 177/3 32/10 32/11 32/19 32/24 123/13 129/22 150/22 150/24 152/19 crime -free [1] 160/25 constitutionally [1] 6/23 153/8 154/14 162/11 crimes [4] 157/24 158/9 167/17 168/16 construct [2] 63/2 63/6 counsel's [1] 123/19 criminal [11] 1/4 42/3 42/3 43/7 60/20 construction [1] 164/18 counseling [5] 12/7 22/19 27/5 27/6 60/24 61/4 106/9 120/17 120/20 121/5 constructive [1] 12/2 36/17 crisis [1] 168/21 consult [2] 57/21 69/25 count [2] 118/20 118/21 criteria [30] 39/8 41/4 43/23 43/25 62/8 consulted [3] 54/20 70/3 70/10 Count 1 [1] 118/20 63/14 63/15 64/5 65/23 67/16 68/12 consulting [1] 129/16 counterparts [1] 28/8 77/14 77/17 79/8 81/5 86/15 95/9 103/3 consume [2] 88/23 89/11 counties [1] 7/17 103/6 103/12 103/19 103/20 103/22 consumed [4] 87/20 88/24 157/22 173/5 country [1] 10/2 104/3 104/11 105/10 106/18 106/19 contact [2] 45/7 45/17 Counts [2] 5/11 118/20 108/4 110/16 contained [4] 31/5 119/9 120/6 184/6 county [13] 1/3 1/16 7/16 7/19 37/20 criticizes [2] 161/24 1 63/1 3 containing [1] 119/19 42/8 140/20 148/14 163/23 163/25 164/2 criticizing [1] 121/25 contains [2] 39/13 125/11 177/9 178/5 cross [17] 3/4 39/17 39/19 39/25 58/2 contends [1] 6/21 couple [4] 7/16 83/17 95/5 124/11 58/15 69/6 69/7 75/11 76/12 94/20 content [1] 108/2 courage [1] 148/7 103/5 112/19 114/22 125/13 151/14 contention [1] 74/5 course [22] 24/8 36/25 38/14 38/18 157/23 contents [4] 6/2 6/3 118/14 126/4 42/25 45/21 46/14 46/15 58/24 59/9 cross-examination [11] 39/17 39/25 69/7 context [15] 25/10 27/22 53/4 59/22 60/2 67/9 67/24 81/11 93/21 113/10 75/11 94/20 103/5 112/19 114/22 125/13 61/24 62/13 62/25 66/12 66/24 113/12 159/22 159/23 164/8 171/8 182/3 182/15 151/14 157/23 113/17 115/2 119/22 121/4 163/17 courses [1] 160/3 cross-examine [3] 39/19 58/2 69/6 continue [6] 37/11 75/11 95/23 100/8 court [177] 1/2 1/16 5/3 5/14 5/16 5/25 cross-examined [1] 58/15 100/12 147/9 7/15 9/6 9/25 11/8 11/15 11/15 12/13 crosses [1] 155/23 continued [2] 165/25 172/23 12/25 13/4 13/21 14/6 14/10 15/4 15/6 Cruella [1] 146/5 continuing [1] 156/8 15/20 16/2 16/716/12 16/22 16/24 17/3 cruelty [1] 45/10 contrary [3] 12/22 109/22 138/20 17/11 17/21 18/4 19/9 21/9 21/11 21/16 crushed [1] 178/16 contribute [1] 62/4 21/20 22/5 22/16 23/13 23/18 23/18 crystal [1] 80/18 contributed [4] 46/12 61/22 62/4 137/21 23/21 23/25 24/4 25/4 25/14 25/17 26/4 culpable [1] 104/12 control [7] 14/17 63/21 64/17 65/3 68/25 26/6 26/12 26/17 27/8 27/23 28/4 28/12 current [9] 9/2 11/17 13/23 35/23 44/23 156/23 163/18 28/23 29/5 29/7 29/19 29/22 30/9 30/14 45/12 59/16 62/17 104/19 controls [1] 169/14 30/18 30/22 30/23 31/4 31/7 31/9 31/10 currently [1] 31/8 conversation [1] 136/20 31/12 31/24 32/7 33/10 35/8 35/16 Curriculum [6] 3/12 35/9 35/19 35/20 conversations [1] 67/11 37/20 38/3 40/3 41/14 42/19 43/23 35/23 39/12 convicted [7] 5/10 35/2 60/6 125/8 48/25 50/24 54/14 54/21 55/15 58/9 customary [1] 29/14 167/13 177/4 177/8 60/5 71/4 71/6 71/20 73/21 75/25 78/11 conviction [1] 122/11 79/23 91/7 95/20 95/22 95/24 95/24 D convictions [2] 11/5 161/20 96/16 96/21 98/8 98/16 98/19 99/3 99/6 D-SVP-1 [1] 76/8 convincing [7] 7/4 25/15 54/10 109/14 99/10 99/12 99/14 99/16 101/16 113/12 daily [1] 137/8 109/17 109/23 109/25 114/20 114/23 115/10 116/24 117/11 damage [1] 140/8 cope [1] 143/5 118/20 119/11 120/3 120/23 122/17 damages [1] 138/20 copies [2] 26/8 98/22 123/2 123/3 124/5 124/22 125/6 125/23 damn [1] 177/21 copy [19] 5/24 6/2 26/5 29/23 35/22 127/24 129/11 129/24 129/25 130/9 Dan [1] 118/10 41/13 41/19 47/15 71/25 72/2 74/20 130/20 132/17 132/19 133/3 134/6 dangerous [6] 9/10 160/21 160/23 163/2 75/13 75/20 85/11 92/19 130/8 150/7 141/16 149/7 151/21 152/2 153/2 154/13 163/6 165/24 150/12 150/13 154/14 155/4 155/11 155/18 155/24 dangerousness [1] 28/14 corpsman [1] 159/13 156/6 156/7 156/10 156/22 157/17 158/4 dark 12] 143/7 148/18 corrected [2] 13/21 122/13 158/11 163/3 163/3 163/6 163/9 165/2 darkest [1] 148/17 correctional [2] 177/9 178/3 165/8 166/7 166/10 186/22 168/19 date [1] 31/2 corrections [2] 177/20 178/6 D defense [18] 6/6 6/21 13/24 30/15 41/14 122/21 154/4 154/16 51/15 98/4 116/13 118/19 123/14 124/15 determining [3] 63/6 77/12 158/4 dated [7] 4/5 71/21 76/6 118/10 119/14 125/18 126/9 129/22 148/6 149/13 deterrence [1] 178/21 119/21 119/23 151/10 179/4 deterrents [1] 179/14 daughter [17] 134/9 135/3 136/7 137/4 defer [1] 12/23 deterring [1] 179/15 137/19 139/7 140/22 141/21 142/3 142/6 define [1] 106/5 develop [1] 12/2 142/10 142/13 142/16 142/21 143/7 defined [2] 65/18 66/12 developed [2] 45/24 156/12 143/13 143/22 defines [1] 66/13 developing [1] 77/8 daughter's [2] 139/4 139/21 definitely [1] 152/22 develops [1] 155/7 daughters [5] 1 35/1 8 144/24 145/4 definition [14] 43/19 64/10 66/20 67/2 deviance [2] 76/21 169/11 145/12 146/25 91/10 103/17 104/10 104/19 104/25 deviant [1] 76/22 daughters' [1] 135/24 105/9 106/16 107/20 108/7 108/8 Deville [1] 146/5 daycares [1] 23/10 definitions [2] 105/23 108/21 Di [3] 146/13 146/14 148/21 days [6] 99/4 99/13 101/9 136/12 146/6 degrade [1] 174/12 diagnoseable [1] 62/17 148/17 degree [7] 36/10 36/14 40/20 66/3 68/15 diagnosed [6] 63/15 85/7 107/8 107/24 deal [7] 50/5 52/6 101/14 109/7 137/8 94/23 106/9 108/3 138/9 177/22 178/8 Delaware [1] 37/20 diagnoses [2] 103/8 104/5 dealing [2] 25/11 25/12 delay [1] 75/14 diagnosis [9] 64/8 65/6 65/10 65/23 Dear [1] 134/14 delaying [1] 112/23 87/16 90/3 92/22 93/7114/15 debate [2] 13/24 19/2 deliver [1] 123/25 diagnostic [13] 62/17 83/19 86/15 103/6 deceit [1] 136/19 delivered [1] 96/7 103/8 103/12 103/20 104/3 105/9 107/16 December [2] 13/19 31/16 demeanor [1] 142/8 1 07/1 8 108/4 110/15 December 20th [1] 31/16 demonstrate [1] 145/12 diagnostics [1] 105/9 decide [8] 50/8 54/24 56/24 89/6 91/11 demonstrated [2] 65/2 177/10 Diana [7] 3/24 119/15 128/9 128/19 91/12 153/14 154/19 demur [1] 101/25 135/6 144/6 144/21 decided [12] 8/2 30/21 57/19 73/9 73/12 demurrer [10] 101/19 102/8 102/11 Diane [1] 142/21 87/24 88/8 99/10 134/19 136/21 164/14 102/21 102/24 110/13 110/24 113/2 die [1] 158/25 165/5 113/5 114/17 died [1] 34/19 decides [2] 176/13 176/13 Dengler [4] 42/19 94/9 112/14 115/3 difference [2] 93/6 114/4 deciding [1] 91/14 denied [3] 33/7 102/2 173/14 differences [4] 15/23 114/3 160/15 decision [19] 12/11 14/6 14/1715/20 deny [5] 99/20 102/10 102/17 112/25 160/18 17/6 25/5 25/16 26/5 88/24 1 08/1 1 115/16 different [26] 13/11 13/12 14/19 15/8 129/5 129/6 129/16 153/3 153/9 153/12 department [6] 32/14 32/15 118/12 17/16 21/4 27/19 27/19 27/21 39/11 153/15 153/18 158/7 121/2 122/2 177/20 42/23 44/7 44/22 56/12 58/10 98/24 decisions [2] 118/5 151/17 departure [7] 14/21 14/21 14/22 15/6 114/5 114/13 125/3 137/14 158/17 declaration [3] 6/10 30/15 31/6 15/17 161/8 167/22 158/18 158/20 160/10 163/7 170/5 declare [2] 99/7 183/2 depending [1] 115/20 differently [4] 137/16 140/5 180/3 180/5 declared [3] 7/7 7/12 182/14 deposition [4] 173/25 174/2 174/7 difficult [2] 140/12 147/15 declined [3] 43/5 1 22/1 9 174/20 175/15 difficulties [2] 160/2 177/19 decreases [2] 95/13 109/20 depositions [1] 171/2 difficulty [1] 160/12 deem [1] 165/19 depressed [1] 142/10 digger [1] 148/3 deemed [4] 11/12 18/8 49/13 60/21 depression [1] 62/20 diminish [1] 174/12 deep [1] 142/15 deprived [1] 156/17 dinner [1] 146/17 deepened [1] 174/13 depth [1] 47/18 dinners [2] 146/9 146/16 deepest [1] 145/6 describe [9] 36/8 36/23 63/25 66/25 DIRE [1] 33/21 deeply [1] 172/10 84/18 90/18 90/20 145/5 145/23 direct [10] 3/4 40/7 43/16 57/8 94/21 defects [2] 7/11 8/7 described [5] 63/3 66/6 83/18 85/7 125/13 132/10 133/24 141/8 144/8 defend [2] 57/3 154/22 163/13 directed [1] 66/14 defendant [92] 2/9 5/6 6/14 8/19 9/12 describes [1] 76/18 directing [2] 42/22 102/5 11/16 13/2 14/2 14/20 14/25 16/22 18/5 describing [1] 42/13 direction [1] 7/23 21/4 21/12 21/22 22/15 22/20 23/6 description [3] 3/11 4/4 15/5 directly [1] 52/23 23/11 23/11 25/19 25/21 26/19 27/13 deserves [1] 164/23 director [1] 168/24 27/14 28/16 28/18 30/12 31/15 33/7 designate [1] 126/14 Directors [1] 67/8 35/2 40/12 40/16 40/25 43/2 43/8 46/11 designations [1] 127/17 disabilities [1] 82/3 48/23 49/13 53/3 53/7 53/8 53/12 54/3 designed [1] 94/13 disability [5] 19/3 21/3 22/14 161/11 56/25 59/15 59/19 61/13 61/17 62/8 despite [4] 64/17 179/2 179/2 179/2 161/13 65/7 65/22 67/24 67/25 68/12 72/10 destroy [1] 138/13 disagree [1]'"100/15 76/4 78/20 78/24 80/20 93/19 100/10 detached [1] 142/12 disagreement [1] 18/18 100/14 100/17 101/3 101/4 103/7114/20 detail [2] 86/11 174/9 disagrees [1] 28/24 117/14 118/21 118/23 121/11 123/10 details [2] 138/7 138/22 disappear [1] 138/6 123/17 125/8 127/3 155/2 164/23 166/22 detective [2] 144/23 146/23 disbelief [1] 173/23 1 67/1 4 168/24 169/3 169/5 169/8 1 70/1 4 detectives [2] 42/8 140/21 disclose [2] 125/21 150/6 170/15 174/24 175/7 178/2 178/9 178/11 determination [18] 43/21 44/6 56/7 77/13 disclosure [1] 120/4 180/24 88/22 88/25 89/3 90/9 100/10 100/13 discomforts [1] 142/23 defendant's [26] 4/3 6/10 9/21 12/12 105/16 105/22 110/10 116/4 123/22 discounted [2] 78/22 78/24 13/9 14/18 25/2 30/17 53/17 53/21 124/7 125/6 126/2 discussed [2] 53/2 61/25 59/10 62/3 66/8 66/18 68/4 68/7 72/21 determinations [3] 99/22 104/18 157/12 discussing [1] 110/23 76/7 98/21 103/11 104/2 116/17 119/17 determine [1] 66/19 discussion [2] 27/20 150/21 168/4 168/20 173/19 determined [6] 7/15 38/23 121/10 dismissed [1] 137/25 defendants [3] 43/13 69/20 69/23 D drove [1] 173/13 elsewhere [1] 163/25 drug [4] 147/24 170/20 171/5 176/21 elucidate [1] 120/5 disorder [33] 44/2 62/9 62/14 62/16 drugged [3] 67/13 147/16 171/14 emotional [6] 63/20 64/16 65/2 106/7 62/21 62/22 62/23 62/25 63/8 63/12 drugging [6] 67/14 135/2 170/16 175/13 136/16 173/21 63/14 64/9 64/23 65/11 65/17 65/24 176/2 179/21 emotionally [2] 135/25 174/15 83/18 84/12 84/23 85/2 85/24 86/16 drugs [4] 45/5 45/25 60/3 169/18 emotions [2] 11/8 172/15 86/21 86/24 87/3 87/16 90/4 92/24 93/8 DSM [37] 62/17 63/3 65/7 65/12 65/22 emphasize [1] 160/15 93/9 103/6 106/12 106/15 83/18 83/22 84/10 84/17 84/24 85/3 employed [6] 19/20 19/21 33/25 34/5 disorders [4] 62/22 87/2 87/5 87/6 85/5 85/8 85/10 85/20 85/23 86/16 34/6 34/8 display [1] 45/9 86/17 87/3 87/7 87/15 92/18 92/23 93/3 employee [2] 45/21 67/6 disposal [1] 138/13 93/6 93/7 93/7 103/23 104/17 105/19 employer [1] 19/18 disqualify [1] 164/16 106/17 108/24112/11 114/4114/4 employing [1] 122/25 disqualifying [1] 177/13 114/11 114/13 enable [1] 154/8 disruptive [1] 171/23 DSM-5 [20] 65/7 65/22 83/18 83/22 enacted [5] 10/2 10/13 13/22 15/10 dissent [1] 135/16 84/10 84/17 84/24 85/3 85/5 85/20 16/15 distasteful [1] 147/11 86/16 87/3 87/7 87/15 93/7 93/7 108/24 enactment [4] 14/4 15/19 16/5 16/21 distinction [1] 52/16 112/11 114/4 114/13 enactments [1] 32/8 distinguished [1] 53/9 DSM-IV [7] 85/10 92/18 92/23 93/3 93/6 enclosure [1] 71/24 distinguishes [1] 16/7 114/4 114/11 encompass [1] 104/10 distinguishment [1] 58/14 DUDLEY [16] 3/5 3/12 33/15 33/18 encompassed [1] 16/2 distributed [1] 74/23 33/23 35/9 39/17 54/12 54/15 69/9 encounter [1] 89/15 district [16] 2/4 2/6 5/23 35/5 51/14 52/4 76/14 103/4 105/8 114/3 114/9 114/24 encourage [1] 143/17 57/17 83/2 96/14 130/5 155/20 156/5 Dudley's [3] 68/20 109/24 114/6 encouraged [1] 165/7 159/20 159/22 164/16 182/17 due [3] 25/22 26/2 56/10 endure [1] 148/11 divided [1] 65/13 duly [5] 33/19 132/6 133/19 141/6 144/6 endured [1] 135/3 DIVISION [1] 1/4 during [20] 34/16 36/13 36/25 38/9 energetic [1] 142/3 doctor [13] 34/20 35/17 36/8 39/10 40/9 38/14 45/13 45/21 46/14 46/14 47/14 energy [2] 135/21 145/14 41/11 41/17 42/12 42/21 58/19 67/18 47/16 52/7 60/2 67/9 67/24 81/11 94/21 enforce [1] 162/9 75/6 160/5 116/18 155/14 174/7 enforcement [1] 12/4 doctoral [1] 34/17 duties [2] 34/24 34/25 engage [1] 68/8 doctorate [3] 36/11 36/13 36/25 duty [2] 125/20 148/14 engaged [2] 44/3 64/20 document [5] 35/14 35/15 41/11 127/10 engaging [3] 64/14 84/10 84/18 150/16 E enjoy [1] 32/9 documentary [1] 123/4 e-mail [1] 101/2 enlisted [1] 159/10 documentation [2] 116/13 116/14 earlier [2] 43/17 99/11 enough [2] 13/9 34/20 documents [4] 35/4 35/4 42/3 42/5 early [4] 16/10 162/3 183/9 183/10 enrolled [3] 19/19 19/20 160/3 Doe [1] 16/2 earned [3] 36/14 166/23 166/23 enter [1] 91/21 dogs [1] 143/16 ease [1] 164/17 entertaining [1] 145/14 doing [14] 58/21 100/6 108/6 116/6 easier [1] 85/24 entire [3] 24/19 39/13 173/22 124/20 130/19 147/19 147/19 147/21 Easily [1] 84/9 entitled [6] 25/8 25/19 28/21 92/23 159/10 167/19 169/12 171/10 173/9 easy [1] 157/8 109/24 150/8 dolls [1] 145/21 easygoing [1] 145/17 entrenched [1] 176/3 done [28] 24/23 37/21 38/7 38/8 38/22 edition [1] 62/18 equal [1] 10/13 39/3 39/6 39/7 69/9 73/21 74/23 100/7 education [3] 12/7 159/15 160/5 equipped [1] 178/5 105/7 110/11 116/5 127/22 138/25 139/3 educational [2] 36/8 159/8 equivalent [1] 101/19 154/6 159/24 167/11 173/14 174/22 effect [7] 9/6 11/17 14/9 15/19 18/21 error [1] 110/10 175/6 176/10 180/24 181/11 181/21 22/8 154/4 erudite [1] 32/23 donor [1] 67/7 effective [2] 13/18 61/10 escape [3] 8/19 8/21 29/3 door [1] 136/11 effectively [1] 84/19 ESQUIRE [7] 2/3 2/4 2/5 2/5 2/8 2/8 2/9 double [1] 143/4 effectuate [1] 23/4 essence [2] 8/10 57/4 doubt [7] 7/3 25/9 25/20 121/11 171/18 effort [2] 96/16 155/17 essentially [4] 8/20 53/2 60/6 114/6 171/19 176/20 efforts [4] 57/6 160/12 160/13 161/24 establish [1] 103/3 doubts [2] 9/16 32/10 Eighty [1] 160/22 established [2] 66/16 90/21 downward [1] 161/8 Eighty -one-year [1] 160/22 esteemed [1] 81/8 Dr [43] 33/15 33/23 34/16 37/3 38/14 either [10] 49/4 54/15 58/24 73/12 97/17 European [1] 135/14 39/17 54/12 54/15 68/20 69/9 70/13 120/4 121/25 123/19 125/12 164/11 evaluate [1] 66/7 71/22 72/5 74/5 76/14 76/15 97/10 elaborated [1] 115/4 evaluated [2] 63/22 66/18 - 98/18 98/20 100/25 101/8 103/4 105/8 elder [1] 177/25 evaluating [1] 39/18 108/18 109/23 110/4 110/23 111/11 election [2] 155/20 156/5 evaluation [9] 35/3 43/4 43/11 43/12 111/22 114/3 114/6 114/9 114/24 115/11 element [4] 90/3 103/18 106/23 109/17 72/22 122/18 122/19 181/3 181/6 116/22 119/19 119/23 127/3 151/10 elements [2] 7/2 56/17 evaluator [1] 72/14 153/4 159/3 171/13 171/15 elicited [1] 125/13 event [5] 135/22 137/21 143/21 147/7 drafted [1] 84/3 eligible [5] 161/3 177/2 177/3 177/4 162/10 drained [2] 136/18 174/15 177/7 events [2] 56/6 134/25 dramatically [1] 94/3 ELIZABETH [1] 2/8 eventually [1] 160/5 draw [2] 38/19 65/6 eloquently [1] 170/7 ever [12] 37/18 38/2 102/13 134/16 dream [3] 173/2 173/3 173/5 else [11] 11/10 99/8 122/6 122/12 138/6 138/22 138/24 139/6 139/24 drive [2] 155/8 157/3 122/20 133/11 133/12 138/5 151/24 140/15 147/13 148/9 drives [1] 155/6 182/4 183/4 everybody [6] 29/13 164/22 165/6 166/4 dropped [1] 92/7 E explained [1] 29/17 favor [4] 9/17 24/24 32/11 162/22 explaining [1] 41/21 favorable [1] 114/11 everybody... [2] 183/8 183/9 exposed [2] 24/2 138/7 fear [4] 137/12 137/19 138/22 139/25 everyone [3] 138/5 157/2 165/13 express [1] 56/23 feared [1] 138/24 everything [8] 73/21 107/12 138/25 expressed [3] 80/5 143/19 166/20 February [1] 13/19 148/10 153/5 162/15 169/12 172/14 expresses [1] 158/18 FEDEN [5] 2/5 5/4 30/10 76/2 117/12 evidence [36] 3/3 7/4 25/15 33/16 36/4 extended [1] 56/14 federal [6] 10/13 10/15 10/16 14/21 36/6 48/25 59/11 67/25 69/3 86/19 extends [1] 26/2 15/16 104/13 86/23 86/25 89/10 95/20 101/21 101/22 extensive [1] 159/23 feel [12] 55/18 74/11 122/13 127/16 103/2 109/14 109/15 109/19 109/23 extent [7] 26/9 28/24 49/5 54/12 61/8 139/5 139/7 142/20 143/8 143/12 148/21 109/25 110/2 110/11 114/23 121/5 123/2 120/21 182/12 151/8 166/4 123/4 123/4 123/9 123/10 127/12 128/24 extort [1] 161/17 feeling [3] 145/5 147/11 173/6 163/4 184/6 extra [2] 52/10 147/3 feelings [1] 140/14 evident [1] 152/10 extrajudicial [1] 156/2 feels [1] 182/7 evidentiary [11] 51/12 51/16 51/16 51/24 extreme [1] 148/5 fellow [1] 137/13 52/2 52/10 53/10 53/13 55/7 121/15 extremely [1] 147/2 felt [10] 92/8 137/16 138/3 138/23 125/11 eyes [1] 168/5 139/24 142/9 146/21 172/20 174/10 evoke [1] 11/7 174/15 evolved [1] 156/13 F female [1] 58/23 ex [13] 14/15 26/11 26/18 27/9 103/14 face [2] 14/11 176/17 females [1] 64/21 103/19 104/13 104/15 104/23 113/10 facilitate [3] 24/1266/17 91/3 fetishism [1] 65/14 113/17 113/24 114/9 facility [4] 177/9 177/23 178/5 178/10 few [3] 67/18 92/16 179/25 exact [1] 23/17 fact [42] 9/3 9/21 12/11 12/15 17/17 field [1] 137/9 exactly [4] 18/7 104/9 105/6 108/20 21/22 21/24 25/16 25/25 26/22 28/5 fifth [1] 62/18 examination [26] 33/21 39/17 39/25 40/7 28/6 39/2 40/16 41/4 48/25 56/5 56/6 fight [1] 161/17 57/8 69/7 72/8 75/11 92/2 92/5 94/20 56/10 56/14 56/15 56/17 57/10 58/11 figure [1] 88/16 94/21 95/7 103/5 112/19 114/22 119/23 60/5 89/10 89/10 94/3 94/10 103/9 file [2] 74/22 131/25 125/13 125/13 132/10 133/24 141/8 103/15 103/16 104/12 109/13 137/15 filed [13] 5/18 6/4 6/8 6/11 6/14 7/18 144/8 151/13 151/14 157/23 157/11 161/22 162/22 169/2 169/4 172/8 33/9 73/5 126/8 130/10 130/17 131/9 examine [4] 39/19 58/2 69/6 120/5 172/22 178/22 examined [6] 33/19 58/15 132/7 133/20 fact-finding [1] 56/10 files [1] 42/7 141/7 144/7 facto [13] 14/15 26/12 26/19 27/9 103/15 filing [1] 24/16 example [2] 20/14 22/2 103/19 104/13 104/15 104/23 113/11 filings [2] 19/9 113/15 exceed [1] 45/6 113/17 113/24 114/9 final [6] 95/4 95/6 163/10 163/10 181/21 exceeded [1] 45/4 factor [15] 21/2 24/6 59/17 60/20 60/24 182/2 excellent [1] 135/12 61/6 61/21 62/2 77/18 114/25 115/4 financial [1] 173/21 except [1] 160/23 161/23 162/21 168/22 169/6 finder [1] 109/13 exception [1] 52/9 factors [33] 13/5 18/5 18/23 24/17 24/18 finding [17] 8/3 12/9 12/14 12/18 25/8 excessive [3] 19/7 24/7 161/13 42/14 42/16 42/17 42/18 43/16 44/9 25/19 28/14 48/25 56/10 56/15 56/15 exchange [1] 148/19 44/19 44/21 45/2 45/11 45/13 45/16 56/17 57/10 57/13 60/10 142/13 142/24 excise [1] 97/5 46/4 57/14 60/16 60/18 61/13 61/16 findings [6] 11/24 12/24 31/5 33/4 56/24 excited [1] 146/2 61/19 63/5 63/10 63/22 64/2 65/5 94/10 121/23 exclude [1] 55/5 94/11 115/6 161/8 fine [3] 147/19 180/19 180/19 Excuse [2] 83/24 117/19 facts [12] 44/23 45/12 56/20 56/24 59/16 finish [5] 88/11 100/20 106/2 106/11 excused [6] 97/23 133/15 141/3 144/3 60/10 109/18 125/7 138/15 154/15 152/5 148/25 164/22 1 54/1 9 155/9 finished [1] 120/12 excuses [2] 146/13 146/15 factual [3] 83/6 121/4 121/23 fit [3] 87/12 133/3 170/10 exercise [1] 32/18 fair [8] 21/14 29/14 34/20 35/22 39/12 fits [2] 47/13 125/24 exhausted [1] 174/15 44/9 44/20 62/24 five [8] 29/19 51/22 57/24 96/22 117/5 exhibit [16] 35/10 35/14 36/5 41/8 69/2 fairly [2] 165/13 166/6 1 35/1 7 159/4 1 80/1 8 76/7 124/18 128/11 128/14 128/17 faith [1] 139/9 fix [3] 103/10 162/15 162/16 128/20 132/13 134/3 141/11 141/12 fall [4] 114/12 119/5 119/5 135/10 fixed [1] 24/4 144/11 falls [2] 121/14 182/17 flowed [1] 25/5 exhibitionist [1] 86/24 fame [1] 168/14 flowers [1] 136/11 exhibits [2] 41/14 128/22 familiar [7] 18/12 19/9 34/15 34/17 77/2 focus [2] 102/10 172/16 existence [1] 26/25 77/3 92/25 Foley [20] 4/5 71/22 72/5 74/6 76/6 existing [1] 32/20 family [18] 129/8 135/5 135/15 137/6 97/10 98/21 100/25 101/8 102/14 108/18 expand [2] 105/9 105/10 138/5 139/7 139/10 140/5 140/17 142/12 110/4 110/24 111/12 111/23 115/11 expanded [1] 108/25 143/24 146/3 146/9 147/8 147/8 147/14 116/22 119/23 151/10 153/4 expands [1] 105/3 167/2 173/22 Foley's [4] 70/14 76/15 98/19 153/5 expansion [2] 104/11 104/24 fan [1] 151/3 folks [3] 160/16 160/16 179/3 expect [4] 80/9 80/13 80/25 81/20 far [8] 59/4 80/6 80/12 84/21 118/3 follow [4] 42/23 110/3 113/22 156/21 expected [2] 80/6 80/22 178/9 178/10 182/7 followed [2] 13/20 73/20 expecting [2] 89/13 89/14 fashion [1] 93/14 following [9] 5/2 17/6 30/8 37/2 75/24 experience [3] 44/16 65/21 171/21 fashioning [1] 180/16 78/12 117/10 135/7 156/14 experiences [1] 160/20 fateful [1] 156/25 follows [6] 2/2 33/20 132/7 133/20 141/7 expert [14] 37/18 37/24 38/4 39/17 father [9] 119/14 128/6 134/25 135/12 144/7 40/15 49/24 50/14 50/21 52/13 57/20 139/22 141/18 141/19 142/17 144/17 foot [1] 99/24 60/13 111/5 113/16 114/24 fault [2] 75/4 173/4 footnote [2] 76/15 76/18 explain [4] 61/25 77/24 123/17 150/20 F get -out -of -jail -free [1] 176/11 hand [12] 35/15 35/15 40/23 41/11 gets [5] 34/13 56/15 56/17 107/20 176/4 41/13 108/13 125/22 134/17 149/24 forced [1] 162/12 getting [4] 34/9 53/15 62/11 124/10 155/5 168/18 176/22 foremost [3] 52/17 58/20 113/10 Gianna [6] 3/22 119/13 128/7 128/16 handed [4] 35/17 39/12 41/17 75/14 forensic [3] 43/12 85/16 85/17 133/17 133/19 handicapped [1] 89/19 forever [2] 143/8 143/10 GIBBONS [1] 2/5 Handing [1] 150/16 forget [2] 11/18 143/3 GIBBONS-FEDEN [1] 2/5 handle [9] 111/6 147/21 147/22 147/23 formed [1] 146/9 girl [3] 11/3 142/3 142/5 147/24 147/25 148/2 148/3 148/4 former [1] 179/9 girlfriend's [1] 169/9 hands [1] 142/14 forming [1] 50/23 girls [2] 146/4 146/14 handwriting [1] 159/22 forms [1] 182/21 given [13] 34/19 43/5 44/19 95/22 hang [1] 143/8 forth [4] 7/9 42/18 43/24 46/23 111/16 130/24 132/24 134/5 143/20 Hanks [1] 159/4 fortunate [1] 145/2 161/13 168/20 176/19 176/19 happen [3] 81/14 169/18 182/21 forward [17] 46/16 46/22 47/17 54/14 gives [2] 125/2 176/10 happened [16] 20/22 44/24 56/5 75/10 64/13 80/12 102/4 102/17 115/22 146/3 giving [3] 110/9 114/24 149/19 80/11 81/13 83/9 85/23 86/3 101/7 146/6 148/8 150/3 152/24 175/3 181/11 glasses [2] 89/17 92/7 106/16 143/6 146/20 147/6 148/8 171/8 181/12 goes [5] 55/17 84/2 170/12 173/15 178/4 happening [2] 105/7 166/7 foul [1] 111/24 gold [1] 148/3 happens [2] 104/23 122/8 foul-up [1] 111/24 GOLDBERGER [5] 2/9 5/5 30/11 76/3 happy [5] 8/9 29/8 75/13 142/7 150/9 found [17] 16/12 17/3 23/19 23/25 25/8 117/13 harassment [1] 136/10 27/23 28/4 28/6 31/15 39/4 61/20 68/12 golf [1] 143/9 hard [5] 59/21 157/10 158/24 163/8 157/19 158/2 158/9 167/12 168/17 Gomez [1] 119/20 176/23 four [16] 18/25 19/24 24/18 63/13 63/22 gone [5] 32/7 39/10 143/13 174/17 hard-working [1] 158/24 64/2 65/5 87/5 87/8 87/10 103/7 104/5 178/6 hardest [2] 134/16 139/11 129/7 138/9 158/24 161/7 governed [2] 154/14 155/5 hardship [2] 158/20 161/13 frail [1] 146/11 government [3] 10/13 12/21 155/3 hardworking [1] 145/24 frame [1] 31/17 governmental [2] 11/20 13/7 hate [1] 106/4 framework [1] 51/15 graduate [1] 159/21 having [19] 25/14 33/18 40/3 49/16 free [4] 22/24 155/11 160/25 176/11 graduated [1] 36/19 67/22 109/5 1108113/19 116/4 132/6 freedom [1] 22/22 grandchildren [3] 22/9 22/21 142/22 133/19 134/14 134/20 135/14 137/9 frenzied [2] 156/23 157/2 granddaughters [1] 135/8 141/6 142/17 144/6 145/16 frenzy [4] 157/12 163/2 165/9 165/10 grandfather [1] 135/12 he'd [1] 112/6 frequent [2] 20/13 20/13 grant [3] 99/6 153/9 153/16 he's [33] 8/22 21/13 22/24 26/9 26/11 frequently [1] 80/9 grateful [1] 166/9 27/15 28/21 28/21 65/4 70/7 78/4 79/17 friend [1] 159/18 gratification [1] 67/16 79/20 82/19 1 02/1 5 112/4 112/5 112/24 friends [4] 137/6 138/5 140/4 147/14 gravity [1] 119/3 115/13 157/19 159/5 159/5 161/12 friendship [6] 45/22 45/23 60/2 67/10 greater [4] 26/14 26/20 27/7 70/11 167/11 170/15 176/7 176/9 176/21 177/2 81/11 170/18 Greek [1] 135/16 177/3 177/3 177/4 177/21 front [6] 52/23 54/14 92/19 160/3 173/4 GREEN [23] 2/8 5/5 6/18 30/11 50/11 head [4] 83/15 83/16 86/18 143/8 174/9 58/2 76/3 76/12 92/8 92/17 94/20 98/15 headache [1] 146/15 frustration [4] 1 63/1 5 163/18 1 64/1 3 99/25 111/19 113/13 115/11 117/13 health [5] 43/11 62/16 106/10 137/18 164/17 117/16 118/12 120/7 130/20 166/13 178/17 full [9] 29/14 119/25 133/8 145/14 177/18 healthy [1] 178/16 146/24 151/8 162/14 174/23 181/19 Green's [2] 113/9 122/18 hear [26] 38/11 47/11 48/22 50/7 50/8 fuller [1] 59/22 grew [1] 158/23 50/18 55/15 70/20 102/8 108/12 109/4 fully [3] 85/12 97/10 184/6 grieve [2] 159/2 159/2 110/8 110/11 112/22 112/25 121/15 function [1] 60/9 grieving [1] 159/6 121/20 126/21 131/23 150/2 151/6 functions [1] 82/4 grooming [1] 64/20 152/17 152/17 152/17 166/18 180/25 fundamental [1] 154/24 ground [2] 105/11 164/15 heard [17] 30/18 40/3 50/11 54/22 67/25 funding [1] 10/15 grounds [2] 68/22 102/25 106/14 108/17110/25 114/3 132/25 funny [1] 145/25 group [2] 104/24 165/5 133/2 151/10 164/3 171/13 172/12 further [15] 29/9 44/21 55/15 61/25 grouping [1] 61/20 173/24 179/25 65/18 99/3 118/16 120/5 123/4 124/6 Growing [1] 145/13 hearing [21] 1/10 1/10 6/4 25/14 33/9 137/23 138/2 140/8 149/3 173/16 guaranteed [2] 156/17 158/12 37/19 39/23 53/4 53/11 57/19 73/13 Furthermore [1] 16/14 guess [2] 34/19 131/19 98/25 99/5 99/13 100/12 111/25 123/5 future [3] 82/9 82/15 143/23 guessing [1] 69/14 127/8 148/3 181/20 182/10 G guided [1] 44/9 HEARING/SENTENCING [1] 1/10 guidelines [14] 104/6 104/22 105/2 hearings [1] 157/22 aE.D [1] 160/4 105/2 108/8 118/17 154/15 154/17 hearsay [11] 48/24 49/15 49/18 49/20 gaining [1] 176/5 154/18 161/9 165/20 167/23 169/8 177/5 50/12 50/14 50/21 52/9 55/12 55/14 gamej11 143/10 guilt [1] 173/5 56/3 garnered [1] 67/10 guilty [8] 31/15 121/11 157/20 158/2 heart [1] 140/14 gave [13] 15/14 51/13 55/22 74/16 74/17 158/10 167/15 167/16 167/16 heavy [1] 179/21 99/25 100/2 110/2 119/10 127/6 145/8 guts [1] 172/21 heightening [1] 156/3 173/13 183/9 guy [3] 169/24 176/19 180/2 held [11] 14/7 32/8 40/20 94/22 98/12 general [9] 12/16 12/17 12/23 26/11 98/25 99/5 139/5 139/25 168/11 179/10 32/9 41/21 61/14 113/6 179/9 H Hello [1] 141/25 generally [8] 9/23 104/8 121/4 123/6 half [3] 69/17 69/18 136/20 helped [2] 148/16 171/9 124/3 151/22 153/8 182/17 hall [1] 161/18 helpful [2] 77/23 109/9 genitals [1] 118/23 H 140/3 146/7 146/23 impartial [1] 157/7 impetus [2] 63/16 64/6 helping [1] 143/3 1 implore [2] 101/11 115/11 helpless [1] 146/21 I'd [32] 8/9 18/4 21/15 25/17 26/7 26/12 important [12] 16/8 45/19 46/5 46/8 helplessness [1] 174/14 33/14 39/17 43/16 44/18 47/10 55/18 101/9 118/18 156/21 157/17 173/18 helps [1] 28/16 57/10 61/12 70/18 70/23 74/19 75/13 175/10 178/13 179/13 Henry [2] 3/14 41/7 88/2 101/22 116/18 124/11 124/16 125/2 importantly [2] 145/15 146/7 here's [2] 73/4 73/24 150/15 160/18 161/15 163/4 163/11 impose [9] 6/24 56/8 115/11 116/3 hereby [1] 184/5 163/16 176/23 179/7 151/23 156/14 161/13 170/16 182/6 hero [1] 148/23 I'll [33] 17/7 27/11 36/4 39/21 39/24 47/9 imposed [1] 49/11 herself [1] 129/8 48/22 50/2 50/5 50/18 55/15 72/16 imposing [4] 100/13 120/20 131/24 Hey [1] 102/14 93/15 102/19 108/9 110/21 110/22 116/7 168/22 high [8] 12/18 28/3 145/22 157/5 157/11 116/9 116/10 116/11 121/15 124/13 imposition [2] 130/15 151/2 159/20 159/25 170/12 126/21 149/19 152/16 153/22 167/20 impression [1] 109/6 higher [1] 10/6 168/18 176/24 181/24 182/3 182/19 improper [2] 49/2 164/19 Highlands [1] 177/25 I'm [100] 13/15 18/24 19/10 29/8 29/16 improperly [1] 155/18 highlight [2] 19/12 160/15 35/13 35/14 35/15 39/22 40/23 41/11 in -person [4] 15/14 19/23 20/3 20/16 highlighted [1] 160/12 41/13 42/22 47/11 47/12 50/5 50/13 inability [1] 152/21 hike [1] 146/13 50/17 51/6 51/23 52/11 53/15 54/11 inapplicable [1] 87/16 Hill [2] 36/17 36/20 54/24 55/11 55/16 57/12 58/20 63/9 inappropriate [1] 64/18 himself [12] 64/19 111/19 138/16 159/11 66/13 67/18 69/14 69/22 69/24 70/12 incapable [1] 101/3 160/7 167/24 168/9 168/11 170/16 171/9 71/19 72/24 73/20 76/11 77/9 79/9 incapacitating [1] 176/2 171/10 179/10 79/13 80/4 82/23 84/13 84/14 87/9 incarceration [4] 161/12 178/12 180/8 hinge [1] 8/25 90/24 90/24 92/24 96/9 96/10 99/17 180/18 historically [1] 19/4 101/10 102/5 106/3 106/25 108/10 incidences [1] 93/24 history [9] 9/24 60/17 60/20 60/24 61/4 108/11 110/7110/8 110/14 111/25 incident [5] 136/7 137/5 137/13 142/25 61/9 64/4 81/7 159/8 112/25 113/4 113/5 113/19 115/15 116/5 143/10 hold [7] 14/10 37/9 66/2 68/15 123/23 118/7 120/11 121/25 124/22 125/15 inclined [1] 65/3 139/13 139/16 125/25 126/3 126/6 127/8 127/22 129/6 include [7] 8/5 41/23 56/23 77/14 79/3 holding [4] 14/5 14/23 17/20 17/22 129/18 130/13 131/21 131/23 132/12 105/23 109/2 hole [1] 148/18 134/2 144/10 145/11 149/8 149/19 150/9 included [6] 16/4 23/23 45/9 120/17 home [5] 136/2 146/2 146/19 176/12 151/3 152/6 152/17 152/24 153/5 153/16 137/3 138/21 176/12 154/6 180/4 180/19 includes [1] 19/16 honest [2] 135/19 145/24 I've [41] 7/22 8/7 8/11 8/11 8/12 24/10 including [6] 10/2 11/24 42/5 67/23 Honor [75] 6/20 7/20 8/4 8/15 8/18 29/11 33/3 33/5 34/8 35/14 35/17 35/17 39/6 143/9 173/21 33/14 39/16 39/21 46/17 47/16 52/16 39/6 39/10 41/12 41/14 41/17 41/17 inclusion [2] 120/16 161/4 53/24 54/18 55/22 58/3 58/17 68/18 41/24 50/11 53/14 55/19 59/8 68/22 inclusive [1] 23/22 69/5 76/19 78/2 79/15 80/14 86/7 88/3 100/10 109/6 109/7118/4 125/21 126/12 incorporate [4] 124/23 127/23 153/10 91/25 92/3 93/12 94/16 95/3 97/19 129/2 130/24 130/25 134/2 140/11 153/17 97/20 98/3 98/6 102/23 113/14 114/2 159/16 179/7 180/3 181/11 182/7 incorporated [1] 127/6 122/14 124/10 126/19 127/15 129/17 ICD [1] 85/5 incorporating [1] 133/7 131/5 132/3 132/8 132/24 133/5 133/22 ICD-9 [1] 85/5 incorporation [1] 152/8 144/21 149/4 149/8 149/12 149/16 idea [3] 13/8 55/21 143/20 increased [3] 15/11 15/12 15/13 158/16 159/5 161/15 162/3 162/23 166/5 ideas [1] 155/12 increases [2] 14/14 95/14 166/15 166/20 168/8 168/17 169/10 identical [4] 16/18 17/2 17/4 17/14 incredibly [2] 145/17 145/25 170/14 170/23 175/5 175/10 175/23 identification [9] 35/11 41/9 76/8 124/19 incumbent [1] 108/18 176/17 178/19 179/5 180/15 181/14 128/12 128/15 128/18 128/21 144/11 indecent [5] 5/12 31/14 118/22 119/2 182/11 identified [9] 13/21 17/11 23/21 57/8 125/8 Honor's [4] 51/7 54/12 113/7 153/21 59/8 78/24 87/2 87/3 111/11 independent [1] 146/22 HONORABLE [1] 1/19 identify [2] 78/23 79/7 independently [1] 61/16 hope [6] 139/8 139/16 143/19 143/23 identifying [1] 61/15 indicate [2] 71/21 120/7 181/11 181/12 II [10] 13/16 15/25 16/416/9 16/25 17/3 indicated [7] 43/17 44/10 44/11 69/9 hoped [1] 173/13 18/8 20/14 23/18 26/24 124/21 132/17 149/10 hopefully [3] 112/6 126/21 183/7 III [8] 13/17 15/18 16/14 16/17 17/13 indicates [1] 108/19 horrifying [1] 174/9 17/24 18/10 105/20 indicating [2] 130/5 162/22 hour [1] 136/20 illness [1] 105/10 indications [1] 118/2 hours [2] 146/23 173/7 , Immediately [1] 147/20 indistinguishable [1] 28/9 house [5] 136/12 165/25 176/13 176/25 immense [2] 10/3 142/16 individual [14] 24/13 38/23 45/4 45/8 177/5 immigrated [1] 135/15 45/18 49/20 60/22 61/2 63/7 63/15 household [1] 145/19 impact [47] 3/19 3/20 3/22 3/23 75/17 63/18 131/2 146/22 148/2 housekeeping [1] 124/11 119/8 119/11 128/2 128/4 128/5 128/7 individual's [2] 63/20 64/16 housing [1] 158/23 128/8 128/10 128/13 128/16 128/19 individually [2] 38/7 39/6 however [7] 10/13 17/20 17/22 55/5 129/8 129/13 132/4 132/14 132/18 individuals [13] 20/17 21/21 23/15 24/22 95/19 113/25 147/15 132/25 133/8 134/4 134/9 134/15 140/10 51/14 51/17 54/16 55/4 58/23 59/7 97/7 human [2] 92/13 135/19 140/24 141/15 141/20 144/12 144/18 129/13 171/25 humiliate [1] 138/2 147/6 166/25 170/8 172/3 172/4 172/5 influence [2] 155/16 155/18 humiliated [1] 172/8 172/6 172/13 173/19 174/16 174/17 information [25] 5/12 6/7 10/9 11/25 12/5 humiliating [1] 137/24 174/19 175/9 175/11 180/11 20/2 20/18 23/15 41/23 42/13 44/14 hurdles [1] 178/21 impair [1] 49/3 47/3 50/23 53/21 59/9 60/14 63/3 67/23 husband [7] 135/12 135/16 137/3 138/19 items [3] 50/6 71/20 129/19 knows [3] 25/4 148/18 159/5 itself [4] 15/7 53/20 53/23 80/10 KRISTEN [7] 2/5 3/5 3/12 33/15 33/18 information... [7] 83/6 83/15 113/3 IV [8] 85/10 92/18 92/23 93/3 93/6 35/9 175/20 139/23 139/24 155/6 155/7 105/20 114/4 114/11 informed [2] 84/11 98/16 L informing [2] 19/16 19/17 J La [2] 36/12 36/14 inhibit [1] 92/12 jail [1] 176/11 lack [5] 102/16 125/9 170/24 171/6 Initially [1] 146/18 JB [2] 27/15 27/17 180/13 initiated [3] 66/15 67/4 90/20 jeopardize [1] 139/3 lady [2] 173/9 175/2 inmates [1] 178/7 Jersey [1] 11/3 laid [2] 145/18 168/5 inside [1] 148/6 job [5] 43/22 58/10 74/11 137/9 177/21 land [2] 156/15 156/19 instance [2] 42/4 65/14 jobs [1] 22/24 language [2] 60/8 85/14 instances [2] 37/23 38/2 John [2] 34/16 37/3 lashing [1] 148/5 instant [2] 62/5 91/16 jokes [1] 174/12 last [13] 7/17 14/7 24/6 80/12 81/17 82/8 Instead [2] 9/8 146/11 joking [1] 160/18 82/16 82/19 83/12 86/3 108/5 108/25 instilled [1] 145/10 JOSEPH [2] 2/8 118/12 123/24 instructions [1] 157/24 journey [1] 139/11 late [2] 72/24 136/24 insufficient [1] 103/2 JR [5] 1/8 2/8 3/14 5/10 41/7 later [4] 8/24 17/7 136/17 143/4 integral [1] 168/12 judge [30] 1/19 5/25 7/6 7/18 7/25 43/22 laugh [1] 160/9 intend [6] 71/6 115/20 116/17 121/16 44/6 48/23 56/5 60/9 61/10 70/4 81/16 Laurel [1] 177/25 122/9 150/3 131/12 134/14 138/2 140/23 155/3 157/4 law [104] 6/15 7/14 9/3 9/6 9/7 9/9 9/13 intends [6] 9/9 58/2 71/20 100/25 116/24 157/6 157/8 157/8 157/16 158/5 162/6 10/16 10/17 10/20 11/2 11/15 11/17 158/15 162/9 163/8 164/25 174/2 179/23 11/18 11/19 12/4 12/10 13/6 13/8 13/15 intense [1] 64/11 judgment [8] 32/2 89/5 90/6 156/18 13/16 13/23 14/12 14/21 14/23 15/2 intent [4] 9/7 18/17 18/19 18/22 171/18 171/19 178/24 181/13 15/16 15/18 15/18 15/18 16/4 16/7 16/9 intention [3] 101/18 153/22 170/19 judgments [3] 87/19 87/22 87/23 16/12 16/14 16/16 16/17 16/19 16/20 intentions [1] 168/2 judicial [3] 31/24 32/14 155/17 16/23 16/25 17/2 17/10 17/13 17/14 interact [1] 172/18 judiciary [1] 32/3 17/17 17/24 18/7 18/9 18/12 18/19 Interacting [1] 92/10 July [6] 5/24 6/5 6/11 30/20 118/10 18/21 20/6 20/10 20/20 22/17 22/20 interactions [1] 136/18 119/12 24/12 24/16 25/16 25/18 25/25 26/18 interest [7] 11/20 12/21 13/7 20/24 24/12 July 13th [1] 5/24 26/24 27/4 27/6 28/19 28/25 32/20 38/3 64/11 64/12 July 19th [1] 30/20 43/17 44/21 66/13 94/9 99/4 100/17 interested [1] 145/21 July 24th [1] 6/5 103/3 103/15 103/16 104/15 105/21 interests [1] 49/4 July 25th [2] 6/11 118/10 113/22 116/5 118/7 125/15 154/14 Intermediate [1] 161/5 June [1] 31/2 154/25 155/19 155/23 156/7 156/12 interpreted [1] 108/3 June 12th [1] 31/2 156/15 156/19 156/19 156/24 157/15 interrupt [2] 106/4 120/11 jurisdiction [1] 162/9 163/4 165/3 165/3 165/10 167/21 176/25 interview [3] 43/13 53/8 53/8 jurors [2] 140/22 163/22 179/6 179/15 interviewed [1] 52/4 jury [15] 25/8 25/20 54/14 89/4 89/6 laws [15] 9/23 10/12 10/14 10/21 10/25 intimidate [2] 138/3 155/18 1 21 /8 1 21 /1 0 125/7 125/24 132/25 157/7 13/4 13/11 13/15 14/23 16/8 16/9 42/17 intimidated [1] 138/23 157/24 158/9 167/12 170/21 51/25 154/22 156/25 intoxicant [1] 87/21 jury's [1] 121/12 awsuit [2] 137/25 162/18 intuitive [1] 142/8 justice [9] 133/2 139/7 139/12 139/14 awyer [2] 140/7 179/4 intuitively [1] 148/20 173/14 174/25 181/11 181/14 181/15 awyers [9] 113/19 138/12 148/6 154/20 invalidate [1] 12/14 justification [1] 111/16 162/6 164/3 174/10 174/13 175/7 invalidated [3] 12/10 17/15 18/9 justify [2] 32/14 169/7 ay [1] 99/24 invested [1] 135/20 juvenile [4] 27/22 28/5 28/6 28/8 ayperson [1] 164/6 investigation [6] 53/22 71/11 118/9 juvenile's [1] 27/25 ead [1] 89/14 120/8 120/10 120/25 juveniles [2] 27/24 28/3 eading [2] 93/11 93/14 investigative [2] 52/18 54/13 earned [7] 111/21 139/20 145/9 159/2 investigator [1] 42/2 K 159/6 160/9 162/3 invited [2] 56/23 82/4 Kanka [3] 11/2 11/7 11/14 east [11] 54/21 57/23 74/18 99/21 110/6 inviting [1] 56/4 Kathleen [1] 118/11 116/24 118/2 120/8 126/11 127/20 161/7 involuntarily [1] 87/25 Kaye [3] 34/16 37/3 38/15 eave [3] 107/23 108/9 152/16 involve [1] 168/7 keep [4] 18/6 134/22 137/12 176/12 eaving [1] 22/12 involved [4] 45/3 87/21 135/24 165/9 keeping [3] 10/7 61/24 175/14 ed [3] 99/19 111/14 167/10 involves [1] 19/2 Kennedy [2] 18/14 160/11 Lee [1] 157/8 involving [1] 86/16 kept [1] 106/11 eft [6] 12/15 137/10 138/4 153/12 ironic [1] 164/20 KEVIN [2] 2/3 140/20 172/24 173/22 irrebuttable [1] 28/2 kind [9] 74/16 75/4 111/23 115/18 egal [13] 8/25 9/2 42/3 43/19 44/5 56/8 irrelevant [3] 60/21 60/25 61/7 126/15 135/19 142/18 152/7 176/4 63/2 63/6 68/22138/8 157/3 158/13 irremediably [1] 81/24 knew [7] 164/11 164/11 169/17 169/18 178/21 irreversibly [1] 81/24 170/14 170/15 170/17 legislate [1] 21/21 issue [16] 8/25 9/2 12/15 12/24 23/6 knife [1] 172/20 legislate's [1] 10/22 50/8 55/24 57/19 60/11 98/7 113/11 knit [1] 135/5 legislation [3] 13/20 14/9 32/12 114/9 126/10 138/3 154/11 157/9 knowing [3] 64/17 138/15 145/5 legislative [13] 11/11 12/9 12/14 12/18 issued [1] 93/3 knowledge [5] 93/18 93/21 105/19 136/9 18/17 24/19 28/1330/24 31/5 32/4 issues [5] 17/11 31/11 156/10 160/13 138/24 32/15 32/16 33/4 178/3 known [4] 1 37/1 4 138/6 138/25 139/24 legislature [14] 9/8 10/7 11/23 15/15 Italian [2] 135/14 146/8 L ove [1] 143/12 174/23 oveable [1] 142/5. mediated [1] 162/6 egislature... [10] 17/8 20/22 21/21 21/24 oved [2] 137/9 145/19 medical [1] 178/2 23/25 24/23 32/3 1 04/1 7 106/22 1 07/1 6 oving [2] 135/19 145/3 medication [3] 88/23 89/12 143/4 egislature's [3] 9/7 18/19 18/22 oyal [2] 135/19 142/4 medicine [1] 137/10 egitimate [4] 11/19 13/7 114/21 177/15 uck [1] 117/16 meditating [1] 148/22 ength [2] 15/12 161/25 ucky [2] 147/2 159/3 meet [23] 12/4 41/4 43/2 43/7 43/25 engthy [1] 9/24 unch [2] 116/6 152/5 64/5 65/22 67/16 81/8 81/10 82/2 82/3 ess [3] 15/15 28/7 139/17 uncheon [4] 101/11 109/8 113/13 82/5 82/7 82/13 103/5 103/7 103/8 esson [1] 145/9 115/10 103/18 104/5 108/4 165/11 175/21 etter [17] 70/14 71/24 72/11 74/24 75/6 meetings [1] 84/5 98/17 111/5 112/12 112/13 119/19 M meets [7] 43/23 63/15 65/7 66/20 66/25 119/20 119/21 124/21 149/22 149/23 ma'am [3] 54/22 82/24 97/21 68/12 104/25 159/16 159/19 magistrate [1] 162/8 Megan [3] 11/2 11/7 11/14 etters [1] 150/8 magnificent [1] 146/10 Megan's [14] 11/2 13/14 13/16 15/18 iar [1] 147/22 mail [1] 101/2 15/18 16/4 16/9 16/14 16/17 16/25 iberty [3] 49/3 156/18 179/22 maintained [2] 66/16 90/21 17/13 17/24 18/9 26/24 icensed [2] 34/3 37/14 major [2] 67/7 134/24 Melanie [2] 135/9 144/25 icensure [1] 34/9 makes [9] 25/10 57/10 79/23 106/10 member [8] 34/2 34/10 34/22 34/23 37/3 ies [1] 136/19 115/18 161/10 164/23 171/18 171/18 37/10 40/4 81/8 ife [16] 62/4 67/12 134/24 135/22 making [10] 10/8 17/20 53/9 59/13 96/9 members [6] 10/9 11/21 23/5 23/9 129/9 137/22 138/6 143/9 143/11 143/16 126/4 135/21 156/2 157/10 182/12 137/6 145/16 147/4 147/5 148/11 156/17 man.' [1] 140/18 memo [1] 70/24 159/21 172/4 mandates [1] 15/16 memorandum [21] 3/18 6/15 8/7 8/12 lifelong [1] 64/25 mandatory [4] 7/6 27/5 27/6 130/15 8/23 30/17 71/12 74/24 98/22 119/18 lifespan [1] 76/21 manifest [1] 80/10 119/25 124/15 124/17 124/25 127/7 lifestyle [1] 140/4 manipulations [1] 136/19 127/19 158/18 164/24 166/21 176/25 lifetime [10] 20/11 20/12 22/4 25/23 26/2 manner [1] 106/8 180/17 26/23 27/2 63/18 64/10 182/16 manual [4] 62/18 83/19 107/17 107/18 Memorandums [1] 74/22 light [3] 58/9 114/11 150/3 mark [3] 119/21 124/13 124/16 memorized [1] 85/10 likelihood [17] 21/13 28/14 63/21 64/22 marked [20] 3/11 4/4 35/10 35/14 35/18 men [1] 160/22 69/25 70/10 77/19 78/13 78/21 78/25 41/7 41/12 41/17 41/24 68/19 76/7 menace [1] 106/10 79/6 80/10 95/13 109/20 112/10 114/18 124/18 128/11 128/14 128/17 128/20 Mendoza [1] 18/15 156/3 132/13 134/3 141/11 144/10 Mendoza -Martinez [1] 18/15 likely [25] 9/11 10/5 28/7 56/18 63/15 markedly [1] 95/13 mental [27] 43/11 43/25 44/10 45/10 64/5 64/24 65/4 68/8 77/14 80/23 81/4 market [1] 155/12 59/18 60/4 62/9 62/13 62/15 62/16 81/5 81/15 81/16 81/21 81/22 82/7 95/9 married [4] 135/6 135/11 135/13 144/22 62/19 62/25 63/7 63/11 63/13 68/2 68/7 103/21 109/12 109/14 109/17 109/21 marry [1] 159/3 104/19 105/16 105/22 106/12 106/14 165/22 Martinez [1] 18/15 114/25 137/18 137/20 138/14 143/10 imit [3] 54/15 83/5 126/9 mask [2] 167/4 179/12 mentally [1] 143/18 Limitations [1] 156/9 Massachusetts [1] 160/6 mention [2] 11/7 11/14 imited [4] 23/9 47/25 71/10 175/19 massage [2] 143/15 148/21 mentioned [1] 28/12 imiting [1] 176/15 Master [1] 36/16 mentions [2] 22/7 23/6 imits [1] 155/22 Master's [1] 36/14 mentor [3] 167/25 168/14 169/13 ines [3] 59/11 113/23 177/7 match [1] 174/3 merely [1] 100/2 ingering [1] 172/2 material [7] 52/10 57/21 74/17 96/12 merge [2] 118/20 167/18 ist [3] 23/23 65/16 182/12 149/6 149/9 149/19 merits [1] 17/23 isted [8] 45/12 46/7 46/20 47/3 59/17 materials [8] 37/5 46/24 51/3 51/4 52/18 mess [2] 140/16 161/18 61/16 101/12 107/18 54/13 116/10 118/8 met [15] 11/16 13/2 27/14 28/21 39/7 isten [1] 110/21 matter [11] 9/9 41/21 61/14 103/3 103/9 45/20 58/11 82/10 82/15 82/18 82/19 istening [1] 136/5 136/23 136/25 149/21 153/14 161/3 103/12 104/3 114/21 182/6 isting [1] 129/23 161/21 middle [1] 73/25 ists [1] 62/19 matters [2] 31/9 124/11 might [10] 24/21 31/25 44/4 76/19 94/19 iterally [1] 74/10 matured [1] 145/23 101/7 121/21 154/5 163/7 182/23 iterature [6] 77/5 77/7 77/9 77/20 78/15 maximum [3] 167/6 178/13 180/19 military [2] 150/18 159/12 95/12 May 17th [1] 119/19 Miller [1] 169/2 itigation [4] 12/13 157/21 162/4 178/23 May 26th [1] 119/21 Millette [1] 157/8 ived [1] 108/5 maybe [6] 101/13 109/16 110/5 127/10 million [1] 162/12 ives [6] 23/12 135/24 136/7 138/17 153/17 163/10 mind [4] 18/6 42/14 137/20 140/11 143/15 172/6 McMonagle [1] 113/18 minds [1] 138/14 lying [1] 134/18 Meals [1142/20 mine [1] 89/5 onger [4] 20/9 138/4 154/21 179/17 meaning [4] 84/24 96/3 97/5 105/14 minimum [3] 7/7 160/24 161/19 ongstanding [1] 14/22 meaningful [3] 21/13 21/23 22/5 minor [3] 16/4 23/22 24/3 oss [4] 134/25 137/18 163/17 163/18 means [6] 12/23 19/24 23/3 31/25 45/4 minus [1] 119/7 ost [2] 140/13 159/5 45/6 minute [2] 29/20 92/7 of [12] 7/21 57/21 86/10 96/12 107/14 meant [2] 107/15 107/15 minutes [3] 83/17 117/5 179/25 139/20 178/21 178/22 178/23 178/23 mechanism [1] 21/6 misassumption [1] 111/24 179/24 180/4 media [10] 136/10 138/8 138/12 139/22 misconduct [4] 79/11 120/22 161/2 lots p] 69/15 109/2 157/5 140/11 147/25 155/5 155/8 173/22 177/12 loud [1] 167/13 M Mr. Steele's [3] 111/17 163/12 164/21 nods [1] 141/23 Mrs. [1] 134/2 noise [1] 158/7 missed [1] 182/7 Mrs. Constand [1] 134/2 non [14] 10/5 20/2 21/10 28/9 64/9 mistaken [1] 74/8 Ms [27] 5/4 5/4 5/5 30/10 30/10 30/11 65/11 65/19 65/24 86/16 90/4 90/7 mistrial [2] 48/7 48/19 44/24 45/20 59/8 62/5 67/5 67/10 76/2 93/14 96/2 126/12 misunderstanding [2] 73/3 73/19 76/2 76/3 87/24 88/5 88/25 89/11 90/13 non -404 [1] 126/12 mitigated [2] 119/6 165/21 91/17 117/12 117/12 117/13 132/12 non -consenting [7] 64/9 65/11 65/19 mitigating [2] 161/7 161/23 162/2 162/11 65/24 86/16 90/4 90/7 mitigation [1] 162/24 Ms. [4] 113/18 113/20 118/13 156/7 non -leading [1] 93/14 mixed [1] 103/16 Ms. Agrusa [2] 113/18 113/20 non -sex [1] 28/9 mob [1] 165/3 Ms. Allred's [1] 156/7 non -sexual [1] 10/5 modest [1] 140/3 Ms. Redmond [1] 118/13 non -sexually [1] 21/10 modifications [1] 120/9 multiple [4] 45/3 65/13 67/11 91/22 Non-SVPs [1] 20/2 Mogel [1] 118/11 multitude [1] 136/16 non -testimonial [1] 96/2 moment [5] 40/23 86/6 94/16 147/5 Muniz [22] 7/9 12/11 12/14 13/22 14/6 none [2] 158/23 180/14 174/8 14/6 14/17 14/19 14/20 15/2 15/6 15/20 nonpunitive [6] 9/21 18/8 18/20 20/21 Monday [1] 1/13 16/6 16/24 17/6 17/12 23/21 25/5 28/13 23/19 24/25 money [4] 145/8 162/15 162/16 162/17 30/19 56/11 56/13 nonsense [1] 147/15 MONTGOMERY [9] 1/3 1/16 7/16 42/8 murdered [1] 11/4 nonsexual [1] 23/24 140/20 148/14 163/23 163/24 163/25 musical [1] 168/24 nor [3] 6/2 99/12 155/10 month [2] 26/6 67/9 must [5] 11/18 13/8 31/20 31/25 119/4 norm [1] 156/13 monthly [2] 27/5 27/6 muster [1] 32/6 normal [1] 64/11 months [7] 84/8 91/21 104/2 108/25 myself [8] 13/24 38/8 96/9 142/14 norms [1] 155/5 119/5 119/7 164/8 143/19 147/13 147/20 178/18 Norristown [1] 1/17 moralist [2] 174/3 179/11 North [1] 158/21 morals [1] 145/10 N not [228] Moreover [1] 23/17 named [1] 11/2 note [4] 118/18 122/16 122/16 182/11 morning [10] 6/20 8/16 33/23 33/24 narrow [1] 85/13 noted [2] 16/2 129/2 99/16 100/6 102/5 112/7 131/25 183/11 narrowly [3] 13/8 20/23 24/11 notes [3] 48/2 151/7 184/7 mostly [1] 83/9 nature [6] 23/24 45/7 45/17 55/13 nothing [13] 22/18 29/8 32/12 54/2 74/12 mother [9] 134/18 135/23 144/17 147/6 167/22 178/17 74/13 99/3 99/8 99/25 102/13 112/12 147/13 148/8 158/24 158/25 159/7 Navy [1] 159/10 116/2 147/16 motion [18] 6/6 6/10 6/12 6/15 6/17 6/18 near [1] 86/4 notice [3] 6/25 11/25 26/14 12/12 14/16 14/18 21/5 30/15 31/19 nearly [1] 17/2 noticed [1] 142/9 33/6 73/5 99/6 99/10 113/2 126/8 necessarily [5] 61/14 69/18 80/8 80/24 notification [8] 8/20 13/18 14/8 22/19 motions [2] 157/22 178/22 130/16 23/7 23/17 25/6 29/4 motivation [1] 63/17 necessary [12] 29/12 35/7 43/7 45/5 notifications [2] 14/13 23/8 moved [2] 20/17 145/25 45/6 99/22 115/17 118/14 120/10 140/9 notified [1] 166/3 movements [1] 22/22 165/19 165/20 notify [1] 22/25 moves [1] 102/2 necessitated [1] 152/22 noting [1] 159/9 movie [1] 158/22 necessity [1] 151/3 notion [1] 26/7 moving [1] 146/18 need [21] 5/16 25/18 43/14 57/24 75/4 notwithstanding [1] 160/2 Mr [91] 5/3 5/4 5/4 5/5 5/10 6/24 7/12 85/11 91/6 100/8 102/11 102/11 102/12 numbers [1] 117/23 11/10 30/9 30/10 30/10 30/11 41/3 43/3 110/14 111/6 126/7 127/4 127/16 148/18 numerous [1] 15/13 44/24 45/20 46/12 50/10 59/25 60/19 148/21 153/18 179/19 179/19 nurse [1] 135/9 60/19 61/4 61/22 64/4 64/14 64/20 67/4 needed [1] 137/7 67/7 67/10 70/5 71/14 74/9 75/25 76/2 needs [6] 58/9 122/13 123/24 135/25 0 76/2 76/3 79/11 81/7 81/20 84/17 86/20 166/3 166/4 O'NEILL [4] 1/19 60/10 134/14 140/23 87/12 89/15 90/13 98/22 98/23 99/25 negates [2] 9/7 18/22 oath [2] 96/24 154/20 112/18 113/18 117/11 117/12 117/12 negative [1] 64/18 obey [1] 154/22 117/13 118/12 121/21 128/25 131/14 negativity [1] 147/25 object [10] 56/22 57/6 68/21 77/25 79/14 132/25 154/10 155/2 157/18 157/25 negotiated [1] 162/5 88/2 88/10 112/16 120/16 120/22 158/9 158/12 158/16 158/17 158/19 neighbor [1] 11/4 objection [27] 46/17 49/16 49/22 50/12 159/3 159/8 159/9 159/17 160/8 160/20 neighborhood [2] 23/11 23/16 54/23 55/12 55/16 55/23 56/2 57/11 160/21 160/24 161/24 161/24 162/25 Neiman [1] 17/21 57/25 58/4 58/6 58/12 79/15 79/23 163/5 163/13 163/14 163/16 163/23 neither [2] 99/11 155/9 80/14 93/11 111/4 113/6 122/3 125/18 164/3 164/9 164/10 164/11 164/17 nervous [1] 146/12 131/10 131/11 131/14 131/16 150/17 166/14172/19 174/9 ness [1] 157/11 objections [2] 48/24 54/22 Mr. [26] 6/18 50/2 50/9 50/19 58/2 76/12 net [1] 24/4 obligation [3] 151/21 158/5 158/6 88/22 92/8 92/17 94/20 98/2 98/15 never [16] 5/25 10/22 12/10 16/15 18/9 obliged [1] 32/17 99/25 111/17 111/19 113/9 113/13 50/6 57/2 57/2 7112 71/8 71/17 136/8 observed [1] 146/11 115/11 117/16 120/7 122/18 130/20 138/19 139/3 147/7 164/2 obtain [1] 12/5 163/12 164/21 166/13 177/18 newspaper [1] 139/22 obviates [1] 49/16 Mr. Constand [1] 88/22 niece [1] 169/9 obviously [12] 49/19 54/19 57/20 100/9 Mr. Green [16] 6/18 58/2 76/12 92/8 night [4] 67/12 91/16 91/16 146/16 130/14 140/11 151/2 151/5 151/6 151/10 92/17 94/20 98/15 99/25 111/19 113/13 nightmare [2] 134/18 136/4 152/11 153/16 115/11 117/16 120/7 130/20 166/13 nightmares [2] 136/5 173/2 occasions [2] 38/22 170/6 177/18 nobody [4] 109/22 179/6 179/15 179/15 occupied [2] 169/3 169/5 Mr. Green's [2] 113/9 122/18 nobody's [1] 179/5 occur [6] 80/23 80/25 81/5 93/22 100/3 Mr. Ryan [4] 50/2 50/9 50/19 98/2 0 ordered [4] 5/14 5/21 74/17 122/17 path [3] 135/22 135/23 160/10 ordinary [1] 180/2 pathological [1] 147/22 occur... [1] 131/20 organizations [1] 37/16 patience [1] 138/4 occurred [9] 31/15 103/13 103/18 organized [1] 155/13 pattern [2] 175/25 177/10 106/20 138/23 155/13 161/2 165/4 origin [1] 11/15 Pause [2] 86/8 94/17 169/11 original [1] 100/25 payment [1] 131/8 occurring [1] 73/16 others [7] 45/15 46/8 145/12 154/21 peace [1] 139/9 occurs [1] 81/12 178/18 179/18 180/6 pedophilia [1] 65/14 October [1] 30/22 otherwise [6] 92/24 105/4 132/20 167/1 2 peers [1] 156/18 offend [20] 9/11 10/5 13/9 28/7 46/3 168/10 177/8 pen [1] 134/17 56/19 64/24 65/4 70/10 77/15 78/21 out -of -court [2] 48/25 55/15 penetrated [1] 118/23 78/25 80/20 95/9 103/22 109/12 109/14 outburst [1] 163/14 PENNSYLVANIA [22] 1/3 1/6 1/17 7/15 109/17 109/22 114/19 outbursts [1] 164/21 9/24 10/3 13/19 14/6 14/22 14/23 19/17 offended [1] 82/20 outcome [4] 14/18 89/9 140/6 155/16 27/11 27/13 32/21 34/4 37/17 42/18 offender [25] 5/22 6/8 9/3 9/23 12/20 outlets [1] 136/10 43/17 94/10 140/20 156/15 179/10 13/17 15/24 21/18 22/2 23/12 28/8 outlined [6] 18/13 19/8 44/14 44/21 Pennsylvania's [3] 9/2 10/17 15/23 28/25 34/2 34/11 34/21 34/24 35/3 127/6 127/19 pension [1] 137/17 36/23 37/4 37/8 40/12 76/22 80/20 outside [7] 49/2 136/12 148/6 151/20 percent [2] 39/7 109/16 107/2 177/7 155/19 156/8 157/6 perfectly [1] 126/23 offenders [31] 9/11 10/4 10/5 10/8 10/21 outstanding [1] 125/17 perform [1] 40/11 11/12 11/25 12/3 12/18 14/3 14/14 over -inclusive [1] 23/22 performed [2] 118/10 121/2 15/13 15/14 16/3 19/15 20/14 21/7 overall [1] 114/25 perhaps [5] 122/5 134/21 146/19 154/9 21/25 24/2 24/21 25/7 27/21 28/6 28/7 overbroad [2] 20/25 107/25 160/23 28/10 28/15 36/22 61/4 77/5 85/18 overlook [1] 178/20 period [7] 25/23 74/9 91/14 99/9 136/14 165/17 overrides [1] 18/22 161/19 165/24 offenders' [1] 24/13 overrode [3] 63/19 63/20 64/16 periodic [1] 104/16 offending [17] 29/2 61/5 63/17 64/6 overrule [1] 79/23 periods [1] 20/9 64/21 64/22 70/2 77/19 78/14 79/6 80/7 Overruled [2] 80/16 88/4 permission [1] 101/19 80/10 80/22 81/12 95/13 112/10 112/20 permit [2] 68/24 152/7 offense [27] 26/16 26/21 26/23 27/2 P permitted [8] 57/14 78/3 88/11 96/22 44/24 45/3 45/5 45/9 45/12 59/16 60/17 p.m [3] 117/7 117/8 183/13 100/7 100/9 126/23 129/14 62/5 62/5 68/9 91/16 95/10 95/12 119/3 Pa [1] 169/3 permitting [1] 51/17 161/10 161/20 166/24 166/25 171/12 page [3] 44/19 76/16 149/23 perpetrators [1] 139/14 177/8 177/13 180/6 180/11 Page 15 [1] 44/19 perpetuated [1] 167/4 offenses [10] 11/5 12/19 14/415/12 16/4 pages [3] 7/20 42/11 164/23 persistent [2] 64/11 172/3 23/22 23/23 24/3 165/17 167/14 paid [1] 138/19 person [34] 9/12 15/14 19/17 19/23 20/3 offer [5] 39/17 40/15 40/19 50/24 149/19 pain [6] 137/22 139/17 140/16 142/17 20/16 20/18 22/10 27/4 27/5 43/23 offered [3] 94/22 114/23 159/16 143/20 172/24 57/10 59/25 66/14 80/11 82/7 82/17 offering [1] 60/13 painful [1] 134/19 106/6 106/8 106/8 106/10 137/14 139/23 offers [1] 103/7 palpably [2] 9/16 31/21 148/16 148/22 156/17 167/24 168/12 office [10] 5/23 41/20 51/4 52/5 57/17 paper [1] 134/17 169/13 174/24 175/25 177/8 178/10 101/12 115/13 164/11 164/16 172/18 papers [3] 29/17 161/25 163/12 179/11 official [3] 1/16 155/18 184/11 paramount [1] 12/21 personal [3] 93/17 93/21 134/22 older [2] 144/22 178/7 paraphilia [7] 62/23 64/10 65/13 81/15 personality [15] 44/2 62/9 62/14 62/15 oldest [1] 178/10 92/24 1 06/1 6 1 06/1 9 62/21 62/22 62/23 62/25 63/7 63/11 one -page [1] 149/23 paraphilic [18] 64/8 64/23 65/11 65/12 63/14 106/12 106/15 143/11 145/15 ones [2] 39/6 46/5 65/17 65/24 83/18 84/12 84/23 86/15 personally [1] 21/22 open [1] 178/17 87/3 87/6 87/16 90/4 92/23 93/8 93/9 persons [1] 70/2 opened [2] 136/7 175/21 103/6 PETER [1] 2/9 operation [1] 19/5 parents [3] 145/3 145/6 147/2 petition [4] 21/7 21/9 21/10 22/5 opine [1] 99/21 parking [1] 136/11 Ph.D [2] 4/5 76/6 opined [1] 32/24 Parkinson's [1] 138/9 Philadelphia [3] 142/7 158/22 159/19 opinion [31] 7/18 15/21 16/6 40/16 40/19 parole [1] 181/4 Philly [1] 146/2 44/16 60/13 66/2 68/11 91/19 96/5 96/8 parse [1] 59/21 phone [1] 172/20 97/4 97/11 97/14 114/24 155/4 155/11 Parsons [7] 3/24 119/15 128/9 128/19 photograph [1] 20/3 155/24 156/7 156/11 156/22 156/24 144/6 144/21 144/22 photographed [1] 20/2 157/2 158/14 163/3 163/7 163/9 165/2 participate [4] 43/3 43/14 161/6 181/2 phrased [1] 44/4 165/8 166/8 participated [1] 61/3 physical [3] 136/16 137/20 138/13 opinions [9] 40/5 68/15 77/8 80/5 94/22 particular [6] 18/2 21/17 42/14 45/13 physically [2] 143/18 1 71 /21 95/22 95/23 97/5 155/7 76/15 123/8 physiotherapy [1] 159/13 opportunity [20] 21/23 22/5 28/13 29/14 particularly [1] 12/7 PIATKOWSKI [6] 2/5 5/4 8/16 30/10 40/11 43/2 43/5 55/23 70/13 76/14 81/8 parties [3] 19/10 137/2 162/5 76/2 117/12 110/9 132/18 134/8 140/19 141/20 153/9 parts [3] 18/16 29/5 62/3 pick [2] 89/16 165/7 166/9 176/19 176/20 party [3] 31/20 120/5 123/3 picked [2] 96/4 96/12 apposed [4] 96/6 97/6 115/7 151/11 pass [1] 176/8 picture [2] 39/13 59/24 opposing [1] 176/25 passed [1] 17/8 piece [5] 14/8 56/12 105/10 149/18 optics [1] 179/4 passes [1] 32/5 162/8 oral [1] 30/17 past [4] 82/22 114/17 143/5 177/10 pieces [2] 95/20 1 09/1 1 order [11] 44/16 66/17 85/11 90/21 91/3 pastor [1] 168/25 piecing [1] 174/18 103/5 105/15 121/3 124/22 126/10 131/8 P 41/5 41/6 43/20 43/21 59/20 68/13 72/6 procedure [4] 25/3 123/6 130/14 131/15 77/12 99/23 107/21 182/9 182/15 183/3 proceed [7] 5/16 7/13 1 00/1 8 116/24 places [2] 131/16 155/22 predators [8] 8/22 11/13 18/3 19/22 21/9 123/11 124/4 124/5 plainly [1] 31/22 21/10 23/16 39/18 proceeding [3] 49/9 49/10 49/12 plan [3] 110/5 148/4 168/6 predatory [15] 44/3 44/11 56/18 66/9 proceedings [10] 5/2 11/9 30/8 46/15 planning [1] 169/12 66/11 66/13 66/20 66/24 67/17 68/5 73/6 75/24 117/10 163/14 183/13 184/5 plans [2] 12/2 98/8 68/8 90/18 91/15 91/19 91/20 process [15] 25/22 26/3 41/22 49/4 plate [1] 7/21 predecessor [1] 32/25 50/25 51/7 51/13 56/10 84/2 84/8 89/20 played [1] 169/24 predict [1] 80/19 122/24 155/17157/10 166/5 playing [1] 143/9 predisposes [1] 106/8 Production [1] 6/6 plays [2] 170/12 170/13 prejudice [1] 40/3 professional [7] 37/16 40/20 66/3 68/16 pleadings [2] 13/13 18/13 preparation [2] 37/6 118/8 94/23 155/22 170/13 PLEAS [3] 1/2 7/24 31/8 prepare [3] 12/2 12/5 130/21 professionally [1] 37/14 please [10] 62/12 63/25 70/3 78/8 78/10 prepared [13] 40/15 40/18 82/25 102/3 proffer [2] 51/13 51/20 86/12 131/25 154/13 182/8 182/25 118/17 132/15 132/20 134/11 141/22 proffered [7] 51/11 52/2 95/25 96/3 96/6 plus [1] 119/7 144/13 144/18 152/24 153/6 96/13 97/6 podium [1] 166/16 Preparing [1] 116/7 proffers [1] 51/21 point [11] 17/13 17/15 21/5 47/5 53/24 preponderance [1] 109/15 profile [2] 157/5 157/11 55/19 71/13 127/9 157/5 166/4 168/6 prescriptions [1] 169/21 profile-ness [1] 157/11 points [1] 19/11 presence [2] 12/3 115/6 profound [1] 143/12 police [15] 19/18 19/25 23/2 23/9 35/4 present [13] 5/6 30/12 76/4 117/14 program [2] 161/5 161/6 42/3 42/7 48/19 48/19 57/7 57/7 82/25 118/4 118/12 118/13 121/13 123/10 programs [1] 61/3 83/4 144/23 173/11 124/9 152/21 176/24 177/10 prohibit [2] 26/13 104/12 policy [3] 31/6 32/2 33/4 presentation [1] 123/9 prohibited [1] 32/14 political [1] 163/19 presented [2] 89/9 101/5 prohibiting [1] 54/2 poorly [1] 44/4 Presentence [5] 71/11 118/9 120/8 prohibits [2] 26/13 104/24 population [3] 77/20 78/14 112/21 120/10 120/25 promise [1] 50/2 pornography [1] 69/12 presenting [2] 110/5 126/10 promoted [4] 66/16 85/16 90/21 91/3 portion [4] 11/9 62/12 77/21 78/17 pressures [1] 148/5 promotes [1] 19/5 portions [1] 42/23 prestige [1] 81/9 pronouncement [1] 53/16 portrayed [1] 168/9 presumably [1] 33/11 pronouncing [1] 32/15 pose [1] 12/18 presume [1] 152/13 proof [3] 7/3 9/14 79/19 posed [2] 10/4 28/3 presumed [1] 9/22 proper [11] 99/23 112/17 120/20 122/9 position [12] 72/7 74/25 120/18 136/3 presumption [3] 28/2 28/5 32/9 123/20 131/15 155/16 159/15 168/21 152/5 168/8 168/15 169/3 169/5 169/14 pretending [1] 146/5 169/6 178/11 172/21 179/8 pretty [2] 83/7 173/5 properly [3] 84/15 143/2 161/22 positions [2] 155/9 168/13 prevent [5] 22/20 72/25 116/2 126/3 property [1] 156/18 positive [1] 148/12 154/7 proposition [2] 53/6 158/8 possession [1] 51/3 prevented [1] 116/3 prosecuted [1] 79/11 possibility [1] 115/12 preventing [1] 129/15 prosecution [1] 180/20 possible [3] 82/13 82/14 82/17 prevents [1] 22/8 prosecutor [2] 155/25 163/20 possibly [1] 107/25 previewing [1] 131/19 prosecutors [1] 140/21 post [18] 14/15 26/12 26/19 27/9 34/17 previous [1] 15/17 prospect [1] 109/21 36/25 62/21 103/15 103/19 104/13 previously [2] 19/21 49/12 protect [5] 10/23 20/24 24/13 138/14 104/15 104/23 113/10 113/17 113/24 price [2] 179/21 179/22 165/20 114/9 116/19 151/20 principally [1] 161/2 protected [2] 138/16 155/12 post -doctoral [1] 34/17 principle [1] 104/9 protecting [4] 9/10 11/20 17/25 23/5 post -doctorate [1] 36/25 prior [33] 6/25 11/5 13/15 13/16 14/4 protection [3] 12/20 13/8 24/9 post -sentence [2] 116/19 151/20 15/9 15/19 16/8 16/8 16/21 17/10 18/7 Protective [1] 22/11 post -traumatic [1] 62/21 20/6 28/20 36/16 56/6 59/24 60/17 protects [1] 155/15 Potentially [2] 81/3 81/4 60/20 60/23 60/23 61/4 67/12 69/10 protests [1] 155/13 power [6] 31/23 32/13 81/9 139/5 168/16 96/15 100/13 104/2 119/3 125/20 126/8 proud [1] 145/11 172/22 126/16 153/5 161/20 proudest [1] 142/2 powerful [1] 138/12 prison [6] 22/3 161/16 176/15 177/20 prove [3] 9/20 10/12 31/20 PR [1] 179/2 178/7 181/5 proved [3] 7/3 7/5 109/24 practical [1] 102/3 privacy [1] 139/4 proven 121 56/25 60/5 practice [3] 18/21 121/24 159/6. privately [2] 159/2 159/2 provide [7] 12/6 23/14 40/5 45/25 52/19 practiced [2] 170/3 171/10 Probable [2] 120/18 122/10 132/18 147/2 pray [1] 139/8 probably [10] 32/23 45/18 49/16 57/15 provided [9] 11/24 41/14 59/4 73/21 pre [1] 150/6 69/14 84/8 134/15 142/17 153/4 153/12 94/19 98/22 129/22 134/5 141/15 pre -disclose [1] 150/6 _ probation [5] 25/23 118/11 121/2 122/2 providing [1] 88/12 precautions [3] 10/10 23/14'23/16 162/22 provision [2] 13/25 14/3 preceding [1] 11/19 probationary [1] 162/20 provisions [12] 14/8 16/11 16/23 17/4 precipe [4] 5/17 6/4 33/8 33/11 probes [1] 97/17 20/23 21/6 22/18 22/19 23/17 25/7 29/3 precise [1] 85/17 problem [11] 23/20 24/20 25/13 56/10 32/20 precisely [1] 87/13 56/11 57/5 73/24 88/18 105/2 108/24 PSI [5] 118/14 120/18 121/23 122/2 preclude [1] 129/12 175/15 122/21 predation [3] 10/11 10/24 11/22 problems [4] 13/21 17/9 109/11 172/3 Psy.D [3] 3/12 33/18 35/10 predator [25] 3/13 5/15 5/20 19/25 22/13 procedural [1] 5/19 psychiatry [1] 85/17 33/9 38/20 38/24 39/5 39/9 40/17 41/2 P range [4] 119/4 168/23 169/7 171/20 reconvene [1] 183/7 ranges [2] 119/6 119/7 reconvened [3] 30/9 75/25 117/11 psychological [5] 37/17 72/8 119/22 raped [2] 139/13 139/15 record [29] 33/3 43/15 46/22 50/7 50/16 172/3 173/20 rate [1] 10/6 55/6 55/19 71/7 71/8 76/19 96/24 psychologically [1] 171/22 rates [1] 28/9 115/23 119/3 120/8 120/16 120/19 psychologist [4] 34/4 34/7 34/8 37/14 rather [4] 66/19 109/9 115/5 160/19 124/12 125/5 125/14 128/2 129/10 Psychology [3] 36/11 36/17 36/20 re [33] 9/11 10/5 13/22 28/7 56/19 64/22 129/18 130/6 131/22 149/22 150/18 psychosexual [2] 122/17 181/3 64/24 65/4 70/2 70/10 77/15 77/19 150/21 151/9 151/22 public [33] 10/3 11/24 12/20 32/2 136/9 78/14 78/21 78/25 79/6 80/7 80/10 records [2] 43/13 67/4 140/10 155/4 155/6 155/6 155/11 155/21 80/20 80/22 82/20 95/9 95/10 95/12 Recr [1] 3/4 155/22 155/24 156/3 156/6 156/7 156/10 95/13 103/22 109/12 109/14 109/17 recross [3] 95/4 95/6 95/7 156/19 156/22 156/24 157/2 157/13 109/22 112/10 112/20 114/19 RECROSS-EXAMINATION [1] 95/7 158/23 163/3 163/6 163/9 163/20 165/2 re-enacted [1] 13/22 Redir [1] 3/4 165/8 166/8 174/3 174/21 179/11 re -offend [18] 9/11 10/5 28/7 56/19 redirect [3] 75/11 92/2 92/5 publicly [1] 138/3 64/24 65/4 70/10 77/15 78/21 78/25 REDMOND [6] 2/8 5/5 30/11 76/3 published [4] 76/20 83/22 85/3 160/11 80/20 95/9 103/22 109/12 109/14 109/17 117/13 118/13 pulled [2] 148/4 148/18 109/22 114/19 reduced [1] 20/7 punish [1] 49/5 re -offended [1] 82/20 Reductions [1] 76/21 punished [2] 49/13 165/6 re -offending [11] 64/22 70/2 77/19 78/14 reeling [1] 173/23 punishment [19] 6/24 7/2 14/15 19/4 79/6 80/7 80/10 80/22 95/13 112/10 refer [7] 13/14 25/3 70/4 70/18 125/2 19/6 24/3 25/7 26/2 26/13 26/14 26/20 112/20 127/10 127/19 27/7 49/11 56/9 56/12 103/20 156/14 re -offense [2] 95/10 95/12 reference [5] 54/13 98/17 104/19 124/14 161/5 165/5 reach [3] 49/16 89/24 1 05/1 5 149/22 punitive [34] 9/4 9/6 9/8 11/17 13/3 13/6 reached [2] 137/2 151/15 referenced [4] 29/23 98/21 127/25 14/9 14/12 14/13 14/24 16/13 16/16 reaching [1] 105/22 150/18 17/5 18/6 18/9 18/13 18/18 18/21 21/15 react [1] 142/11 references [3] 124/24 149/6 149/10 21/17 21/19 22/8 22/17 24/17 25/13 reading [5] 34/25 57/13 72/25 132/19 referred [6] 10/25 13/11 13/12 14/25 25/17 25/18 25/25 26/18 27/8 29/2 29/6 174/6 22/10 1 24/1 2 113/24 138/20 readings [1] 30/18 referring [5] 13/15 23/8 126/4 126/17 purport [2] 6/24 109/2 ready [3] 76/11 153/6 182/25 127/21 purpose [18] 10/21 10/22 12/10 17/25 realistic [1] 134/19 refers [2] 13/17 25/22 19/7 23/4 24/7 24/8 41/25 48/2 51/24 realized [2] 136/21 137/21 reflect [2] 151/25 159/24 67/15 72/20 90/14 116/9 120/4 126/5 realizing [1] 137/11 reflexes [1] 170/11 137/25 really [16] 13/6 16/19 16/24 17/14 18/20 refrain [1] 155/25 purposes [5] 13/14 36/3 53/13 102/15 18/25 24/11 28/16 147/21 151/25 157/7 regard [31] 36/21 36/21 39/11 40/25 132/14 161/21 164/6 164/20 166/2 171/22 44/20 45/11 48/16 49/5 50/20 50/25 pursuant [2] 5/24 124/22 really's [1] 27/16 52/17 53/25 58/2 60/10 60/17 63/11 pursues [1] 173/15 reask [1] 80/17 65/22 89/2 92/18 94/5 98/7 110/25 pursuit [1] 36/13 reason [7] 10/20 17/16 61/5 81/18 112/11 113/9 113/16 114/18 118/6 152/9 push [1] 169/16 150/25 164/6 165/24 153/8 157/16 170/22 puts [1] 173/16 reasonable [14] 7/3 23/3 25/9 25/20 regarded [1] 19/4 putting [2] 31/17 1 29/1 8 32/18 40/20 66/3 68/15 85/19 94/23 regarding [6] 22/10 58/15 75/17 98/8 Q 109/13 109/20 121/10 164/18 99/21 100/13 reasonably [1] 23/14 regardless [2] 1 37/1 5 166/7 Quaaludes [1] 169/21 reasoning [1] 8/5 regards [3] 30/24 112/20 118/4 qualifications [5] 36/4 39/11 39/14 39/20 reasons [4] 7/9 24/15 112/19 118/15 register [1] 25/25 39/25 rebuttal [2] 29/10 181/18 registerable [2] 15/12 23/23 qualified [5] 37/23 38/4 40/4 67/17 Rec'd [2] 3/11 4/4 registered [1] 135/9 143/14 recall [1] 113/16 registering [1] 19/16 qualifies [1] 43/19 receipts [1] 131/2 registration [22] 8/19 9/3 9/23 10/14 Quantico [1] 159/18 receive [2] 26/15 145/6 13/18 14/7 14/13 14/23 15/13 15/24 quarterly [5] 19/23 27/3 27/4 37/9 37/11 received [9] 36/5 36/16 60/14 69/2 98/23 19/14 19/15 20/9 22/19 25/6 26/24 27/2 questioned [4] 95/21 105/18 173/12 129/3 139/19 162/12 27/24 28/25 29/4 1 82/1 3 1 82/1 6 173/12 128/23 recent [6] 6/21 8/6 15/23 26/4 36/10 registry [5] 21/8 21/11 21/23 22/4 22/6 questioning [1] 50/13 83/12 regular [1] 23/2 quickly [3] 19/12 102/2 139/2 recess [6] 29/20 30/6 71/9 75/15 75/22 regulating [1] 10/14 quiet [1] 175/14 117/7 rejects [1] 26/7 quit [1] 137/11 recessed [1] 117/4 related [3] 25/3 62/8 72/6 quote [1] 15/3 recidivating [2] 28/3 28/15 relation [2] 19/7 24/7 quoted [1] 160/16 recidivism [1] 28/9 relations [3] 84/11 84/18 156/8 quoting [1] 66/14 recitation [1] 149/20 relationship [11] 45/8 45/17 45/22 45/23 R recites [1] 120/22 66/15 67/4 89/15 90/13 90/20 91/13 reclusive [1] 146/12 91/23 races [2] 158/22 160/17 recognize [7] 31/18 32/22 107/16 1 25/1 7 relationships [3] 91/22 172/4 172/5 racial [1] 160/13 158/11 171/4 relatively [2] 16/4 24/3 racism [1] 158/21 158/3 recognized [2] 27/13 77/5 release [1] 19/16 racist [1] 148/2 recognizes [2] 15/21 158/11 relevance [2] 88/2 122/22 raise [2] 108/13 110/22 recollection [2] 53/20 113/22 relevant [8] 10/8 13/25 35/4 58/8 79/8 raised [7] 26/11 108/16 108/21 113/5 [1] 181/6 154/15 154/18 154/19 113/11 135/18 154/11 recommendations R requisite [1] 18/6 154/18 155/21 156/14 156/21 156/25 research [3] 69/25 70/12 113/13 1 57/1 7 164/5 164/7 1 65/1 0 1 65/1 3 reliance [5] 48/25 97/3 97/4 121/7 reserve [5] 39/21 39/22 39/24 55/11 165/14 166/6 158/21 55/16 ruling [10] 51/16 51/16 52/10 53/9 53/24 relied [7] 6/7 8/7 27/15 44/15 50/18 residence [2] 19/18 169/15 54/23 55/11 115/21 126/12 129/11 59/10 82/24 residents [1] 12/7 rulings [1] 113/7 relieve [1] 143/23 resigning [1] 136/3 run [2] 102/7 145/8 relive [1] 174/8 resolve [1] 136/23 runs [2] 7/19 1 76/1 7 rely [11] 26/7 50/14 50/15 50/22 57/6 resolved [5] 9/17 32/10 56/13 131/11 rush [1] 152/20 71/20 73/22 74/6 122/10 123/3 157/13 136/25 RYAN [10] 2/4 5/4 30/10 50/2 50/9 relying [2] 47/13 50/15 resources [1] 105/17 50/19 76/2 98/2 112/18 117/12 remained [1] 10/19 respect [5] 25/2 28/11 89/21 114/2 169/5 remark [1] 118/14 respected [1] 139/4 S remarks [2] 29/15 182/2 respectful [1] 135/19 sacrificed [2] 137/17 138/18 remedial [2] 9/9 14/24 respond [4] 10/3 29/15 153/23 153/25 sadness [2] 137/22 142/20 remedy [3] 28/22 29/3 173/16 responded [1] 6/12 safer [1] 143/17 remedying [1] 24/23 response [6] 27/10 30/16 50/3 94/20 safety [2] 10/4 106/10 remember [2] 13/3 145/25 154/2 154/11 Salle [2] 36/12 36/14 remembering [1] 113/19 responses [1] 171/20 sanction [1] 19/4 remind [6] 11/14 21/15 23/13 26/12 responsibilities [1] 12/6 sanctions [1] 7/13 28/23 182/8 responsibility [2] 167/8 180/13 Sarcione [1] 7/18 remorse [7] 167/9 167/9 170/24 171/6 responsible [1] 139/25 sat [1] 175/5 175/7 176/14 180/14 responsive [2] 88/13 88/16 satisfaction [2] 7/5 162/14 remotely [1] 145/20 rest [1] 148/11 satisfied [1] 29/16 removed [3] 21/11 21/23 22/6 restored [1] 139/9 satisfy [2] 54/18 107/19 removing [1] 24/5 restraint [4] 19/3 21/3 22/14 22/15 scale [2] 24/24 134/22 render [4] 44/16 82/5 82/6 89/13 restrict [1] 22/21 scaled [1] 20/22 rendered [2] 20/21 46/2 Restrictive [1] 161/4 scared [1] 146R rendering [1] 176/5 result [2] 20/19 23/25 scattered [1] 146/24 reoccur [3] 81/15 81/16 161/11 resume [1] 35/21 schedule [2] 98/9 100/5 reoffending [1] 63/21 retaining [1] 162/9 scheduled [1] 100/3 repeat [3] 63/9 78/7 84/13 retirement [1] 137/11 scheduling [3] 98/7 101/25 110/10 repeated [1] 24/10 retroactively [2] 6/25 14/14 scheme [5] 9/15 11/11 21/18 23/4 24/19 repeatedly [3] 15/21 64/20 163/12 return [1] 164/25 scholarly [1] 32/23 report [51] 4/5 5/22 15/15 33/10 35/7 returned [1] 142/6 scholarship [1] 160/4 40/23 41/19 42/2 42/22 43/25 44/15 reveal [1] 140/24 school [11] 19/19 19/20 145/22 159/11 44/19 44/20 66/19 68/20 70/14 70/25 revealed [1] 140/4 159/13 159/13 159/19 159/21 159/21 71/10 71/13 71/21 72/5 72/8 73/22 74/5 reveals [1] 15/22 159/25 170/12 74/6 76/6 76/15 78/23 79/4 79/7 82/24 reverse [1] 123/13 schools [1] 23/10 86/12 90/16 90/17 97/10 97/11 98/19 reverted [1] 17/10 Science [2] 36/17 36/20 98/20 98/24 99/20 111/2 111/6 111/15 review [13] 15/22 31/10 31/24 33/10 scientific [7] 12/22 40/21 62/19 66/3 111/18 111/20 111/22 112/5 112/17 37/5 43/13 43/15 51/5 70/13 74/2 74/7 68/16 94/23 109/19 118/10 119/23 173/11 76/14 151/21 score [2] 119/3 119/4 reported [1] 98/13 reviewed [9] 51/20 51/21 55/6 83/4 Scwenk [1] 42/19 reporter [4] 1/16 78/11 91/7 184/11 90/10 118/9 118/16 119/11 121/18 sea [1] 15/2 reporting [3] 15/14 20/13 20/16 reviewing [2] 125/23 151/19 seat [3] 34/19 50/10 157/7 reports [17] 35/5 35/5 37/7 41/23 41/25 revisions [1] 10/18 second [6] 51/19 54/17 96/18 96/23 97/9 42/7 48/19 49/19 49/19 50/15 57/7 57/7 revoked [1] 22/23 158/14 57/16 64/3 82/25 83/2 83/4 ride [1] 136/8 secondary [2] 22/15 174/20 represent [2] 155/2 155/3 rights [5] 12/5 13/10 24/14 116/19 Secondly [1] 60/22 represented [2] 162/6 162/11 155/15 secrets [1] 145/6 represents [1] 155/3 risk [10] 12/19 28/3 77/11 77/17 94/6 section [4] 31/5 46/7 65/12 92/22 repudiation [1] 17/23 94/11 95/10 112/14 112/20 152/13 sections [1] 167/18 repulsive [1] 147/12 risks [1] 10/11 secure [1] 101/8 reputation [5] 27/10 27/12 27/25 138/15 rivalry [1] 145/18 sedate [1] 60/3 140/8 road [1] 172/17 sedated [1] 46/2 reputations [1] 138/13 robbed [1] 178/17 seek [2] 68/19 158/15 request [9] 7/12 53/10 58/14 75/14 Robreno [2] 138/2 174/2 seeks [3] 8/19 8/21 105/8 124/20 161/5 166/21 177/2 181/3 role [1] 32/3 seemed [2] 138/5 142/10 requested [2] 102/14 126/13 rollercoaster [1] 136/8 seemingly [3] 167/10 171/4 176/4 requests [1] 99/11 room [1] 146/16 seems [4] 7/10 21/17 75/3 161/22 t- required [10] 9/14 90/3 98/25 106/6 rooted [1] 11/19 sees [3] 28/22 133/3 148/20 118/7 121/18 125/6 125/15 155/25 rounds [1] self [7] 34/5 34/6 34/8 152/10 158/21 172/18 10/18 RPR [2] 1/15 1 84/1 0 160/23 161/12 requirement [2] 19/23 20/4 ruining [1] 138/17 self-employed [3] 34/5 34/6 34/8 requirements [16] 8/20 15/14 19/14 20/5 rule [14] 17/18 47/9 129/15 154/25 self-evident [1] 152/10 20/8 20/13 20/17 23/3 23/7 27/20 27/24 155/4 155/19 155/21 155/23 156/12 self-reliance [1] 158/21 29/4 159/23 159/23 182/6 182/18 156/24 157/14 165/2 165/3 165/3 self-sufficient [2] 160/23 161/12 requires [6] 86/11 95/9 99/5 154/21 rules [16] 50/22 73/20 154/14 154/17 semiannually [1] 20/15 165/18 167/22 S 12/18 12/19 13/17 18/3 34/2 40/11 45/7 smile [1] 148/12 45/17 61/5 62/23 64/6 64/11 64/12 Smith [2] 16/2 168/19 send [2] 70/25 71/12 64/20 65/13 67/15 76/21 76/22 81/12 snapshot [1] 159/17 sense [5] 25/10 104/6 114/15 139/9 84/10 84/18 89/15 89/15 93/24 106/9 sneered [1] 174/13 174/14 107/2 135/3 168/21 169/6 171/17 172/8 Sniper [1] 157/9 sent [5] 5/25 35/6 70/24 71/3 71/5 173/10 174/9 176/4 179/20 179/21 SOAB [4] 34/3 51/2 51/3 52/18 sentence [25] 90/25 100/9 100/14 sexually [48] 3/13 5/14 5/20 8/22 11/3 society [1] 156/13 100/19 116/3 116/19 118/21 120/21 11/12 19/22 19/24 21/9 21/10 22/12 sole [2] 67/15 151/21 131/24 151/2 151/2 151/5 151/20 151/23 23/15 33/9 38/20 38/24 39/4 39/8 39/18 solve [1] 88/18 158/5 162/24 165/23 166/22 167/6 40/4 40/17 41/2 41/4 41/6 43/20 43/21 somebody [8] 75/3 88/9 1 69/1 6 171/5 168/23 169/7 178/13 179/16 180/16 67/13 67/14 68/9 171/23 173/16 174/18 176/21 182/6 46/3 59/20 63/17 68/13 72/6 77/12 91/17 99/22 107/20 somehow [5] 26/17 176/10 177/14 sentenced [3] 161/6 177/9 178/12 147/16 169/8 170/20 171/5 171/23 177/19 177/21 sentences [4] 7/7 60/23 119/4 158/16 171/25 172/9 176/3 182/9 182/15 183/2 someone [10] 22/2 38/20 39/4 41/22 sentencing [88] 1/10 3/17 5/8 5/16 7/6 shame [3] 10/21 137/12 174/14 43/20 82/14 82/15 99/20 115/16 165/6 49/7 49/9 52/7 53/11 70/24 71/6 71/12 shaming [1] 175/6 son [1] 168/24 72/9 73/23 74/22 74/24 98/21 99/4 99/5 Shanken [2] 34/16 37/3 soon [2] 139/9 173/6 100/12 100/18 101/4 102/15 115/22 Shanken-Kaye [2] 34/16 37/3 SORNA [32] 6/22 13/16 13/17 14/4 14/8 116/7 116/8 116/10 116/11 116/12 share [2] 74/25 140/13 14/11 15/715/9 15/20 15/22 16/2 16/15 116/14 116/20 118/8 118/15 118/16 shared [1] 140/10 16/21 17/11 18/8 20/6 20/8 20/8 20/11 119/18 119/25 122/22 122/25 123/5 Shenken [1] 38/15 20/12 20/15 20/20 20/23 21/8 23/20 123/25 124/6 124/15 124/16 124/17 Shenken-Kaye [1] 38/15 24/20 25/11 25/11 27/17 27/18 28/20 124/19 124/25 126/24 127/6 127/19 sheriffs [1] 180/21 182/21 127/23 128/3 128/5 128/12 128/15 sheriffs' [1] 129/25 SORNA'S [1] 27/24 128/18 128/21 128/22 128/23 129/14 shield [1] 138/14 sorry [11] 39/22 63/9 70/20 79/9 84/13 130/14 130/21 131/11 132/13 134/3 shock [1] 173/23 92/24 96/10 99/18 106/3 120/11 149/8 141/12 149/19 152/2 152/4152/14 shocked [1] 146/21 sort [3] 25/21 26/11 50/22 152/15 152/20 154/5 157/17 158/6 shopping [2] 146/6 146/15 sorts [2] 146/20 164/19 158/18 161/23 162/21 163/12 164/24 short [1] 179/8 sources [6] 42/12 44/14 44/15 47/3 165/18 166/21 168/22 169/8 177/15 shorter [2] 22/3 154/9 67/23 105/15 178/14 178/20 180/17 182/5 shot [1] 39/23 space [1] 143/17 Sentencing -1 [2] 124/19 128/22 showing [2] 18/6 167/7 speak [7] 40/9 53/20 53/23 112/10 Sentencing -2 [1] 128/12 shown [1] 28/18 130/16 139/6 166/17 Sentencing -3 [1] 128/15 sibling [1] 145/18 speaking [2] 60/8 113/4 Sentencing -4 [1] 128/18 sick [1] 140/18 specialization [1] 180/12 Sentencing -5 [2] 128/21 128/23 sidebar [3] 98/8 98/13 112/9 specialized [3] 36/24 176/2 176/2 sentiments [1] 163/9 sides [5] 115/25 126/5 126/21 181/23 specific [19] 8/23 8/25 9/5 11/23 21/6 separate [5] 52/19 54/25 74/5 98/24 181/24 25/2 27/12 27/22 29/7 34/21 43/19 130/2 sight [1] 177/19 61/19 63/5 63/10 63/22 65/6 114/14 separately [1] 127/10 significant [9] 15/11 15/22 45/14 45/16 124/24 1 27/1 7 September [9] 1/13 71/22 98/18 119/14 46/7 46/9 61/20 64/18 115/6 specifically [14] 8/21 10/14 15/25 16/9 119/16 119/18 119/24 135/13 159/17 similar [3] 113/17 113/23 179/18 23/8 24/18 30/25 40/9 43/24 46/11 September 11th [4] 71/22 98/18 119/18 similarities [1] 160/19 47/25 64/7 66/24 112/15 119/24 simple [1] 145/19 specified [8] 64/8 64/23 65/10 65/16 September 12th [1] 119/16 simply [16] 11/11 71/16 71/19 74/10 65/23 92/23 92/25 93/8 series [1] 56/14 74/19 100/12 101/2 102/5 102/9 111/23 spend [1] 86/10 serious [2] 158/9 158/10 114/13 114/14 116/4 121/5 126/16 spending [2] 22/9 22/20 seriousness [5] 166/24 169/11 170/2 151/16 spilled [1] 173/6 171/11 180/11 since [15] 34/8 37/10 56/12 79/12 85/10 spins [1] 156/23 serve [1] 166/22 93/18 110/9 121/2 122/10 140/4 140/12 spirit [1] 178/16 served [3] 71/23 137/25 146/17 151/16 160/25 161/19 182/20 spoke [4] 167/12 167/13 170/21 175/7 serves [1] 17/24 sincerely [2] 143/20 143/24 spoken [1] 157/9 service [2] 159/12 159/14 single [4] 17/18 19/11 114/25 115/4 sport [1] 143/10 Services [2] 22/12 144/23 sir [5] 40/18 103/25 117/17 141/18 144/2 spot [2] 99/17 102/17 sessions [1] 174/22 sister [15] 119/15 128/9 142/21 144/15 spout [1] 86/18 setting [1] 114/9 144/22 145/13 145/16 146/2 146/4 146/6 squarely [3] 26/7 26/10 31/17 settlement [5] 139/21 162/4 162/7 162/9 146/12 147/13 147/16 148/22 148/24 33/3 33/12 51/7 54/20 175/18 stage [23] 5/15 sit [1] 99/17 55/4 55/10 55/14 98/16 99/2 100/8 seven [5] 11/3 18/23 45/2 46/7 169/21 sits [1] 163/5 102/8 1 02/1 9 110/24 113/5 114/10 seven -year -old [1] 11/3 situation [12] 102/7 137/16 137/24 114/17 114/19 116/11 116/16 117/25 seyenth [1] 59/17 138/10 140/12 142/18 143/3167/24 120/3 123/12 Seventy [1] 38/12 169/14 170/18 179/14 179/18 stand [2] 54/3 179/7 sever [2] 29/2 29/5 six [5] 55/4 55/7 58/23 96/23 97/7 standard [6] 56/25 58/10 110/12 110/13 several [5] 8/23 10/17 21/4 24/10 130/25 skilled [1] 170/11 119/4 161/9 sex [23] 9/2 9/23 11/12 14/23 15/24 28/6 slander [1] 173/21 standing [6] 55/23 57/11 57/25 58/4 58/5 28/8 28/9 28/15 28/25 34/10 34/21 sleep [2] 142/25 143/2 58/12 34/24 35/2 36/22 36/22 37/4 37/8 61/4 slow [1] 142/11 stands [1] 53/5 76/22 85/18 168/16 169/23 slowly [1] 138/6 Stanley [1] 119/19 sexual [47] 5/22 6/8 9/10 10/4 10/5 smaller [1] 134/22 start [6] 47/12 78/5 88/20 158/8 183/7 10/11 10/24 11/5 11/21 11/25 1213 S stuff [1] 7/21 55/13 68/20 69/2 72/22 73/5 73/13 76/8 Subbio [1] 118/11 94/6 94/13 98/25 99/5 100/10 100/13 start... [1] 183/10 Subchapter [5] 13/25 16/18 16/19 30/25 100/17 100/20 101/20 102/8 103/3 started [6] 96/11 117/5 136/6 141/10 31/13 110/10 112/15 115/4 115/21 116/4 124/5 1 62/1 7 173/2 subject [10] 7/12 16/3 17/18 18/25 26/20 151/3 151/11 152/9 153/5 154/4 154/5 starting [1] 7/25 27/2 27/7 39/16 40/3 163/11 154/6 state [20] 7/14 19/17 19/25 23/2 23/9 subjected [1] 26/23 SVPs [3] 19/15 20/2 23/7 34/2 34/4 104/13 116/9 121/8 137/16 submit [2] 25/17 129/24 swallow [1] 156/24 137/20 138/14 177/24 178/3 178/6 submitted [2] 41/19 84/3 swear [1] 154/21 178/12 180/8 180/18 181/5 submitting [1] 127/25 sweet [1] 145/15 stated [4] 12/17 17/14 20/5 24/16 subpoena [1] 54/4 sworn [8] 33/19 55/3 58/22 58/24 132/6 statement [29] 3/19 3/20 3/22 3/23 55/5 subsequent [3] 5/17 6/14 104/7 133/19 141/6 144/6 88/19 128/4 128/5 128/7 128/8 128/10 substance [3] 42/21 62t11 112/5 sympathy [2] 11/8 11/10 128/13 128/16 128/19 129/13 132/14 substantial [2] 156/3 158/13 system [2] 139/14 178/8 132/20 132/25 133/8 134/5 134/15 substantially [3] 20/7 28/19 162/23 140/10 141/15 144/12 144/18 170/8 substantive [1] 114/23 T 171/3 172/13 173/13 substitute [1] 32/2 T.V [1] 169/25 statements [14] 33/2 48/20 53/12 53/16 successfully [1] 16/15 table [1] 180/17 53/17 53/21 55/15 57/22 119/8 119/11 such [15] 17/24 23/10 35/8 37/4 41/23 tactics [2] 140/7 179/2 127/2 128/2 147/14 168/4 59/10 62/20 62/22 67/16 81/18 82/7 tailored [5] 13/9 20/23 23/4 23/14 24/12 states [4] 10/15 112/14 154/23 156/16 99/18 129/12 139/25 145/18 taken [6] 31/10 59/22 114/11 117/7 states' [1] 10/12 suddenly [3] 101/13 136/5 138/7 176/9 184/7 Statistical [2] 62/18 83/19 sued [1] 137/23 takes [2] 23/6 84/8 statues [1] 154/16 suffered [3] 86/20 134/24 142/14 talks [7] 52/8 130/14 161/23 170/8 status [3] 77/12 175/12 183/3 suffering [5] 136/6 139/17 139/20 140/16 172/14 173/2 173/3 statute [29] 5/24 7/5 7/10 8/3 9/20 9/22 143/21 target [2] 177/19 177/22 13/2 14/19 15/8 15/24 15/24 19/2 19/5 suffers [1] 63/18 task [1] 134/23 19/6 24/7 24/25 27/19 31/13 32/19 sufficient [6] 43/15 87/15 160/23 161/12 taxed [1] 131/10 32/25 57/13 99/7 104/21 104/23 106/13 1 62/1 9 1 64/1 5 taxes [1] 131/9 107/24 108/7 115/18 167/18 Sugars [2] 52/22 53/14 teach [1] 145/12 statute's [1] 9/17 suggest [13] 50/22 113/21 114/16 teacher [1] 159/15 statutes [5] 8/5 67/17 154/15 154/17 114/19 114/20 163/4 165/16 165/21 team [1] 138/8 156/9 177/16 178/12 178/25 179/23 180/8 teams [1] 179/3 statutory [14] 9/15 21/18 31/17 49/8 suggested [1] 163/21 tears [1] 174/11 49/15 49/18 50/4 63/2 104/25 109/17 suggesting [2] 131/15 163/24 teenagers [1] 145/8 113/23 130/4 1 61 /4 1 82/1 8 suggestion [2] 25/24 162/25 television [1] 163/20 STEELE [22] 2/3 5/3 30/9 71/14 74/10 suggests [1] 95/12 Temple [4] 45/21 67/6 136/2 160/4 75/25 98/23 98/23 99/25 117/11 121/21 sum [2] 28/18 112/5 tenure [1] 179/8 128/25 131/14 140/20 154/11 155/2 summarize [1] 122/8 term [4] 22/3 106/12 106/23 106/24 158/17 161/24 163/16 164/10 164/10 summarizing [1] 84/15 terminally [1] 81/23 166/14 summary [1] 85/20 terminology [2] 15/4 114/5 Steele's [3] 111/17 163/12 164/21 summer [1] 14/7 terms [18] 5/19 13/13 18/5 19/13 21/2 stem [1] 12/13 Sunday [1] 146/16 55/5 60/8 60/9 114/15 121/14 122/21 stemming [1] 15/2 Sundays [1] 146/8 122/25 125/20 125/24 126/23 150/23 step [3] 95/18 97/22 141/2 Superior [6] 15/3 26/4 30/21 31/9 168/19 152/2 175/18 STEVEN [1] 1/19 169/4 test [4] 18/11 18/12 18/14 18/23 STEWART [1] 2/4 supplement [3] 68/23 74/19 152/12 testified [21] 33/19 37/13 37/18 38/3 stick [1] 176/22 supplemental [1] 71/11 48/13 58/23 59/8 59/23 59/23 83/6 still [13] 21/15 21/24 22/23 24/13 92/8 supplied [12] 50/18 57/17 70/15 70/16 83/14 86/20 87/20 89/21 114/10 132/7 94/22 130/16 136/17 148/11 148/17 72/4 75/5 95/21 96/4 96/16 97/9 113/3 132/24 133/20 141/7 144/7 144/17 151/17 153/16 153/18 124/15 testifies [1] 153/4 stir [1] 11/8 supply [2] 60/2 75/19 testify [13] 35/7 51/18 51/22 53/18 54/17 stone [1] 165/7 support [11] 6/15 30/17 66/17 90/22 93/12 96/22 96/23 112/17 114/3 154/3 stones [1] 165/11 91/3 143/16 145/7 147/3 148/24 154/22 170/5 175/4 stoning [1] 165/4 167/21 testimonial [3] 96/2 105/12 123/3 stop [4] 89/16 101/15 153/24 172/23 supported [3] 1 37/1 5 143/22 163/2 testimony [77] 48/2 48/15 48/17 48/18 stops [1] 74/13 supportive [1] 145/3 54/16 55/4 55/6 57/9 57/18 57/24 58/23 stranger [1] 66/14 supports [2] 33/11 110/4 58/24 59/4 67/3 68/24 68/25 89/2 89/24 strangers [1] 174/23 supposed [1] 170/18 90/10 94/5 95/25 96/3 96/6 96/7 96/13 Stratford [3] 26/5 29/24 29/25 Supreme [5] 7/15 14/6 31/10 32/7 42/18 96/24 97/4 97/6 97/7 105/14 106/14 strengthen [1] 15/1Q sur [1] 154/2 108/17 110/24 111/2 112/9 112/16 113/6 stress [3] 17/21 62/21 138/10 surely [1] 145/8 114/2 114/7 114/16 115/22 115/23 121/9 strong [4] 32/9 145/24 170/11 181/10 surrounded [1] 171/8 121/12 121/16 121/19 122/8 124/5 stronger [1] 139/17 surrounding [1] 31/11 124/23 124/25 125/10 125/23 126/5 struck [2] 174/5 174/6 sustaining [1] 32/11 126/11 126/15 126/17 126/22 127/2 struggle [1] 139/12 SVP [57] 1/10 3/13 6/4 7/10 7/12 16/11 127/5 127/11 127/20 127/21 127/23 Stuart [1] 144/22 17/4 25/3 25/8 25/14 35/11 35/14 35/18 129/8 129/20 129/22 132/18 149/11 stuck [1] 101/10 36/2 36/4 36/5 37/19 39/13 41/8 41/12 151/13 152/8 152/12 153/5 157/23 162/8 studies [1] 12/22 41/17 41/24 49/4 49/14 53/4 53/16 171/16 181/21 182/2 study [1] 146/14 T transcript [3] 47/15 47/20 184/8 104/5 105/23 transcripts [6] thank [34] 29/18 30/2 58/7 58/17 69/4 35/6 42/6 42/6 48/8 64/4 undermine [1] 28/13 89/8 75/20 89/18 95/16 95/17 97/13 97/16 underreported [1] 94/3 transformation 97/19 97/20 97/21 115/8 122/14 133/3 [1] 142/15 understanding [15] 5/21 25/24 46/6 51/6 133/11 133/14 140/20 140/23 140/25 transitioned [1] 110/23 54/6 54/11 59/3 65/5 88/6 93/20 100/16 143/21 144/2 147/19 148/23 150/11 transmitted [1] 5/23 112/9 131/7 140/24 145/7 154/8 166/11 166/12 166115 181/16 transvestism [1] 65/15 understands [1] 164/22 183/5 183/12 trapped [1] .139/5 understood [5] 73/8 73/11 114/6 122/5 theaters [1] 158/22 trauma [3] 137/8 143/13 143/15 132/3 themselves [5] 10/23 49/20 160/24 traumatic [2] 62/21 134/25 undoubtedly [1] 58/15 172/2 172/10 traumatized [1] 174/10 unfairly [2] 22/7 29/5 therapist [1] 137/6 treat [3] 123/6 180/5 180/5 unfold [3] 163/19 164/9 164/18 therapists [1] 143/15 treated [1] 180/3 unfolding [1] 143/3 thereafter [1] 96/21 treatment [4] 61/3 61/6 61/9 61/9 unfortunately [1] 139/15 trial [48] therefore [5] 33/6 57/2 60/24 72/23 6/25 35/5 42/5 42/6 46/14 47/14 unit [3] 140/17 142/12 147/8 79/19 47/15 47/16 47/20 48/18 50/6 50/16 United [2] 154/23 156/16 therein [2] 8/8 119/9 51/10 51/19 54/15 54/17 57/23 58/24 universal [1] 160/20 thereto [1] 120/2 59/11 64/3 67/24 68/24 89/8 89/22 university [8] 36/12 36/15 67/6 135/10 third [1] 135/10 96/18 96/18 96/22 96/23 97/6 121/3 136/3 160/6 168/11 168/13 thorough [1] 30/18 121/9 121/12 121/16 121/19 122/7 unless [5] 29/7 50/11 52/12 156/18 thoroughly [1] 31/4 125/10 126/4 126/17 126/22 127/23 181/18 140/6 thought [9] 10/7 29/5 51/7 71/3 100/3 149/10 155/14 157/8 164/4 164/21 unlike [2] 10/4 43/11 131/18 143/6 162/19 168/14 172/12 174/8 unlikely [1] 161/11 thoughts [1] 134/17 trials [3] 55/7 124/23 174/23 unreasonable [1] 158/14 threat [1] 10/4 tricking [1] 136/11 unreported [1] 93/25 triggers three [4] 117/23 117/24 164/23 170/5 [1] 35/2 unsocial [1] 82/6 trouble [2] throughout [4] 10/2 15/21 16/6 163/22 110/7 113/19 unspecified [1] 93/9 throw [2] 165/7 165/11 troubled [1] 52/11 unusual [1] 45/9 thrust [1] 31/24 trucks [1] 136/12 update [1] 20/18 thus [1] 59/4 true [6] 22/13 28/5 28/11 70/8 94/9 updates [2] 20/17 1 04/1 6 Tier [1] 20/14 147/14 upheld [1] 15/25 tight [1] 147/8 truly [1] 168/10 uphold [2] 32/19 154/22 trust [11] 45/23 times [7] 10/19 19/24 24/10 37/21 39/3 67/10 90/24 140/13 upward [1] 167/22 130/25 174/6 148/9 168/16 169/5 169/15 175/13 176/5 urge [1] 18/4 timid [1] 146/11 178/18 urged [1] 65/3 trusted Timothy [5] 4/5 71/22 76/6 98/21 119/23 [1] 174/18 urges [1] 16/22 tipped [1] 24/24 trustee [1] 168/12 usually [1] 42/2 title [2] 34/21 85/15 Trustees [1] 172/19 usurpation [1] 32/13 titled [1] 76/20 truth [3] 138/24 140/23 148/15 utilize [4] 125/14 125/18 126/23 152/2 today [31] 6/16 8/18 16/19 17/3 17/5 truthful [1] 142/4 utilized [5] 63/5 67/22 105/15 125/16 Tuesday 30/18 31/12 31/25 33/5 35/8 54/3 70/7 [1] 102/16 125/21 turned 100/19 101/4 108/16 110/3 111/21 [1] 11/4 utilizing [1] 16/23 turns [1] 56/20 112/25 115/13 116/21 130/22 131/20 V 131/22 142/19 143/4 143/14 148/17 twice [2] 37/22 175/22 152/4 156/9 163/5 178/15 twos [1] 85/9 values [1] 145/10 today's [2] 11/9 11/18 type [7] 12/20 107/17 159/18 159/19 various [3] 17/23 62/19 67/23 179/13 together [6] 31/6 125/24 148/22 159/4 179/16 180/6 VDire [1] 3/4 160/17 174/18 typical [1] 34/24 verdict [4] 89/7 89/8 121/8 121/12 verification [3] 19/23 20/3 20/14 tomorrow [18] 99/16 100/4 100/20 102/4 U 110/6 112/6 116/21 131/25 152/5 153/15 verify [3] 19/25 27/3 27/4 ultimate [1] 153/18 154/3 181/2 181/14 181/20 67/19 version [3] 11/18 15/18 26/24 181/25 183/7 183/11 ultimately [8] 8/21 13/4 38/19 40/19 versus [7] 5/9 18/14 30/19 30/20 52/22 Tonight [1] 160/10 40/24 54/6 60/9 68/11 168/19 169/2 tool [1] 138/12 un [2] 139/13 139/15 via [1] 139/22 un-raped [2] 139/13 139/15 top [5] 83/1583/16 86/18 170/11 180/9 vicious [1] 174/20 Toronto [3] 57/7 142/7 144/23 unaware [1] 79/24 victim [53] 3/19 3/20 3/22 3/23 45/7 45/8 unbelievable [1] total [6] 48/11 96/23 119/5 125/11 145/16 45/10 45/18 59/18 82/9 82/15 118/23 165/18 165/23 uncharged [13] 53/2 57/4 57/16 79/16 118/25 119/8 119/10 119/12 126/11 totally [1] 92/12 120/16 120/19 120/22 121/14 125/20 126/15 128/2 128/3 128/5 128/7 128/8 touched [1] 66/23 126/11 126/16 160/25 177/12 128/10 128/13 128/16 128/19 129/7 tough [2] 99/17 102/17 uncited [1] 81/21 129/8 129/13 1~'32/4 132/14 132/18 toward [1] 163/16 unconscious [4] 46/2 82/6 89/14 176/6 132/25 133/8 134/4 134/15 140/10 Township [1] 42/8 unconstitutional [8] 6/23 7/8 7/10 8/3 141/20 144/12 144/18 166/25 168/21 track [1] 10/8 14/11 28/20 32/16 99/7 168/25 169/6 170/8 172/7 172/13 175/6 TRACY [2] 2/5 8/16 Unconstitutionality [2] 6/11 30/16 175/9 175/14 178/14 180/12 traditional [2] 19/6 146/8 underestimate [1] 171/22 victimization [7] 18/2 66/17 90/14 91/4 training [5] 36/21 36/24 38/14 44/15 undergone [1] 10/17 172/22 173/17 174/20 65/21 underlie [1] 87/3 victimize [2] 167/6 179/12 [6] trainings [3] 37/8 37/9 37/11 underlying 79/19 83/7 87/5 103/8 victims [11] 45/3 52/2 59/8 64/19 86/16 V WILLIAM [5] 1/8 3/14 5/9 40/13 41/7 Williams [4] 15/25 17/3 18/8 23/18 victims... [6] 96/15 139/13 139/18 willing [1] 136/22 163/24 164/2 1 73/1 0 windfall [1] 28/22 view [2] 158/17 158/19 winning [1] 136/21 views [3] 56/23 56/23 155/9 wisdom [1] 32/4 village [1] 165/5 wish [7] 29/15 98/4 101/6 123/11 129/13 vindicate [1] 32/18 133/12 151/6 vindicated [1] 139/8 wished [1] 74/12 vindication [1] 139/19 wishes [3] 119/10 120/5 124/9 violated [2] 17/17 27/25 witnessed [1] 139/15 violates [3] 9/16 26/2 31/22 woman [5] 67/6 142/9 145/23 145/25 violating [2] 171/21 175/13 173/3 violation [3] 26/19 27/9 32/12 Womelsdorf [2] 1/15 184/10 violent [36] 3/13 5/14 5/20 8/22 11/13 women [17] 46/15 46/22 47/15 47/22 19/22 19/24 21/9 21/10 22/13 23/15 47/25 48/7 48/9 48/13 59/25 64/9 64/13 33/9 38/20 38/24 39/4 39/8 39/18 40/4 65/11 65/19 65/24 81/8 83/14 169/23 40/17 41/2 41/5 41/6 43/20 43/21 59/20 won't [5] 81/14 153/22 154/9 180/4 68/9 68/13 72/6 77/12 99/22 107/2 180/5 107/20 177/11 182/9 182/15 183/3 wonder [1] 147/21 Virginia [3] 1/15 159/18 184/10 wonderful [1] 142/22 virtually [2] 16/18 16/20 wondering [2] 50/17 51/23 Vitae [6] 3/12 35/9 35/19 35/20 35/23 workers [1] 137/14 39/12 works [1] 143/14 vital [1] 17/25 world [2] 142/2 171/19 vitality [1] 178/17 worry [1] 137/19 voice [3] 167/13 170/22 172/20 worth [1] 159/9 voiced [1] 83/13 wound [2] 160/5 175/21 void [1] 32/16 writers [1] 121/25 VOIR [1] 33/21 writing [2] 37/6 141/13 volatile [1] 136/14 written [4] 19/8 151/19 182/21 182/24 volitional [4] 63/20 64/16 65/3 106/7 wrong [7] 145/7 155/10 164/4 167/11 voluntarily [4] 87/20 88/23 162/13 171/4 171/5 177/16 162/13 wrote [4] 82/24 90/16 90/17 159/22 voluntary [1] 88/9 volunteered [1] 159/12 Y voters [1] 163/22 young [11] 64/21 135/6 135/20 142/3 voyeuristic [1] 86/21 145/10 145/23 158/25 168/25 169/9 vulnerable [4] 11/21 23/5 142/10 143/8 169/23 178/16 younger [2] 22/2 158/24 yourself [2] 83/5 171/19 wait [1] 124/4 youth [2] 53/22 158/20 waive [2] 1 00/1 7 123/21 waived [1] 115/5 waiver [1] 100/19 zero [1] 119/4 waking [1] 173/6 zest [1] 145/16 walk [1] 161/18 Ziv [3] 127/3 171/13 171/15 walks [1] 148/12 Warden [1] 162/7 warning [1] 117/4 warrant [1] 161/8 watch [1] 174/11 watched [4] 158/25 158/25 163/19 164/9 weak [1] 146/12 wealth [1] 179/2 week [1] 7/18 weight [1] 59/19 well-being [1] 140/8 wherein [1] 121/14 Whereupon [2] 78/11 98/12 wherever [1] 166/18 while [5] 15/4 45/20 77/9 159/14 174/12 white [1] 160/16 whoever [1] 82/19 whole [11] 21/18 25/15 55/13 66/16 90/23 90/25 91/6 91/9 138/10 156/24 171/20 whom [1] 66/15 whose [1] 96/23 wife [4] 142/8 142/15 142/21 176/13 Kristen F. Dudley, Psy.D. Doylestown Psychological Services 10 S. Clinton Street, Suite 302 Qa
Doylestown, PA 18901 C) 215-345-5083 Email: [email protected]
EDUCATION La Salle University Philadelphia, PA 2008 Doctor of Psychology, Clinical Psychology
2006 Master of Arts, Clinical Psychology
Chestnut Hill College Philadelphia, PA 2000 Master of Science, Counseling Psychology Specialization in Marriage and Family Counseling
1992 Bachelor of Science, Psychology
Honors: 1991 PSI CHI National Psychology Honor Society
INTERNSHIP Friends Hospital Philadelphia, PA
2006-2007 APA accredited program. Completed rotations on dual diagnosis and adolescent inpatient units. Led therapy groups of 8 to 10 patients and psychoeducational groups of 20 to 25 patients. Participated as part of a multidisciplinary team reviewing patient needs and developing comprehensive treatment plans. Coordinated outpatient rotation: assigned new clients to other interns, managed caseload of over 30 clients, and conducted fitness to return to work evaluations/substance abuse risk evaluations. Represented the hospital in a variety of speaking engagements including to various departments of Temple University Health System and Lower Moreland High School.
EXPERIENCE Employment PA Sexual Offender Assessment Board Position: Board Member December 2016 -Present Review files and, when indicated, interview offenders who have been convicted of crimes which trigger the assessment to determine if they meet criteria to be classified as a Sexually Violent Predator (SVP). Attend quarterly board meetings and trainings. Testify on findings when requested.
Self-Employed Doylestown Psychological Services Doylestown, PA Position: Psychologist Dec 2015 -Present Provide therapy for adolescents and adults with a variety of problems including, anxiety disorders, affective disorders, substance abuse issues, and personality disorders. Assess and treat individuals and families in various stages of crisis, including trauma, divorce, post -divorce, and custody issues. Conduct child custody evaluations and employment evaluations for people seeking careers in law enforcement. Supervise intern students and post -doctoral residents.
Associates for Counseling and Educational Services Doylestown, PA Position: Psychologist March 2015 -Dec 2015 Provide therapy for adolescents and adults with a variety of problems including, anxiety disorders, affective disorders, and personality disorders. Assess and treat individuals and families in various stages of crisis, including trauma, divorce, post-divorce, and custody issues. Continued training and conducting child custody evaluations. Employment evaluations for people seeking careers in law enforcement. Supervising intern students and post- doctoral residents.
Position: Psychotherapist 1999 -March 2015 Provide therapy for adolescents and adults with a variety of problems including, anxiety disorders, affective disorders, and personality disorders. Work with children and adolescents, and their families, involved in the Juvenile Justice System. Assess and treat individuals and families in various stages of crisis, including trauma, divorce, post -divorce, and custody issues. Conduct phone interviews and write a summary of the structured interview of collateral contacts in custody evaluations. Assist in the assessment of adults who have been convicted of sexual crimes to determine if LIT they meet criteria to be classified as a Sexually Violent Predator (SVP). a) Lenape Valley Foundation rya Doylestown, PA Position: Mobile Therapist 2000-2002 Work with children, between the ages of 5 and 16 with a variety of; Axis I diagnoses, and their families in an out of office setting, either in their home or at school. Help families create and maintain boundaries to reduce problematic behaviors, such as temper tantrums, anger outbursts, and violence within the family setting. Supported families accessing additional services, when necessary.
Youth Services of Pennsylvania Doylestown, PA Position: Psychotherapist 1999-2000 Worked in an alternative school setting, providing individual and group counseling for the students' aged 12- 20. Treatment focused on improving behavioral control, decision -making, and drug and alcohol issues. Conducted parenting groups with an emphasis on creating and maintaining boundaries, communication with adolescents, and helping parents recognize when additional assistance, such as hospitalization, psychiatric intervention, and drug and alcohol rehabilitation, was required.
Position: Caseworker/ Supervisor 1993-1999 Supervised three caseworkers and several intern students working with adolescents and families. Included monitoring monthly paperwork, worked with adolescents and their families who were involved with the Bucks County Juvenile Justice System. Developed and maintained relationships with probation officers and school officials to help the adolescents successfully negotiate their probation contracts. Monitored community service, urine testing, their compliance with rules in the home and in the community, and attendance in therapy sessions with the objective of helping the adolescents complete their probation contract. Predoctoral Practica La Salle University Philadelphia, PA
2003-2006 Conducted diagnostic intakes utilizing structured interviews and objective assessments. Completed intake report and conceptualization within 24 hours of interview. Worked with individual clients using empirically supported treatments and developed written treatment plan within two to three sessions. Friends' Hospital Philadelphia, PA
2004-2005 Treated adults and older adults who present with a variety of issues including serious mental illness, dementia, cognitive impairments, mental retardation, and various physical health concerns including chronic pain, hypertension, diabetes, incontinence following prostate cancer, and heart disease. Functioned as part of a team designing and implementing treatment plans. Led and co -led several process and psychoeducational groups a day. Met with patients individually for therapy, treatment plan discussions, and discharge planning. Conducted interviews with people of all ages who presented to the Crisis Response Center, consulted with psychiatrists and nurses to determine appropriate level of care, then worked with insurance companies to verify payment of evaluations and treatment. Completed assessment batteries with children and adolescents to assist in diagnostics, treatment plans, level of care, and appropriate discharge placement.
Temple Episcopal Hospital Philadelphia, PA
2003-2004 Worked as part of a research team looking at the effects of different therapy modalities with voluntarily hospitalized, adult dually diagnosed patients. Responsibilities included developing a treatment manual used in the protocol, administered, scored, and interpreted the results of multiple assessment instruments; report writing based on the assessments, and worked one on one with the patients administering the behavioral therapy protocol.
RESEARCH Dissertation Improving Understanding of Informed Consent for Research with Patients with Co -Occurring Disorders. Dissertation research working with hospitalized psychiatric patients to assess and improve their understanding of informed consent material. Developed intervention designed to help people rationally reason with information in order to make a decision. Developed and started standardizing assessment instrument to quantify understanding of consent material. Chair: Joseph Burke, F.S.C., Ph.D.
PRESENTATIONS Dudley, K. (2015). Burnout: Identification, Prevention, & Recovery. Bucks County Intermediate Unit, Doylestown, PA Community Outreach Presentation.
Dudley, K. & Holmes, L. (2014). Mindfulness: Beyond Zen and the Art of Motorcycle Maintenance. Bucks County Intermediate Unit, Doylestown, PA Community Outreach Presentation.
Dudley, K., & Hayduk, E. (2010). Anxiety in Children & Adolescents. Bucks County Intermediate Unit, Doylestown, PA. Community Outreach Presentation. tli
Ul
Brownsberger, M. & Dudley, K. (2010). Managing Chronic Illness & Disabilities: From Womb ! to Tomb. Bucks County Intermediate Unit, Doylestown, PA. Community Outreach qq Presentation.
Dudley, K., & Hayduk, E. (2009). Stress Management for Parents, Bucks County Intermediate IT Unit, Doylestown, PA. Community Outreach Presentation. 0)
Dudley, K., & HaR7, D. (2009). Eating Disorders, Bucks County Intermediate Unit, Doylestown, PA. Community Outreach Presentation.
Dudley, K. (2009). Grief & Loss: A developmental perspective, Bucks County Intermediate Unit, Doylestown, PA. Community Outreach Presentation.
Dudley, K., Kwak, K., & Thomas, K. (2008). Eating Disorders in Children and Adolescents: Diagnosis to Treatment, Bucks County Intermediate Unit, Doylestown, PA. Community Outreach Presentation.
Dudley, K. (2007). Substance Abuse in the Workplace. Temple University Health System, Philadelphia, PA. Employee Assistance Program.
Dudley, K. & Gruner, P. (2007). Workplace Stress, Grief & Loss. Temple University Health System, Philadelphia, PA. Employee Assistance Program.
Dudley, K. & Burgoon, E. (2007). Adolescent Depression. Lower Moreland High School, Lower Moreland, PA. Community Outreach Presentation
Carson -Sacco, C. & Dudley, K. (2007). Transition from Elementary School to Middle School and High School. Bucks County Intermediate Unit, Doylestown, PA. Community Outreach Presentation
Shanken-Kaye, J. & Dudley, K. (2006). Internet safety: Privacy, Predators, Pornography, Oh My! Bucks County Intermediate Unit, Doylestown, PA. Community Outreach Presentation
Dudley, K. (2005). Diabetes and the role ofpsychologists. Friends Hospital, Philadelphia, PA. Didactic Presentation for Interns and Externs.
ASSESSMENT TRAINING
Addiction Severity Index (ASI) Expressive Vocabulary Test (EVT) Informed Consent Comprehensive Interview (ICCI) Kaufman Brief Intelligence Test (K -Bit) Kaufman Functional Assessment Test (K -Fast) Minnesota Multiphasic Personality Test (MMPI-II; MMPI-A) Millon Clinical Multiaxial Inventory (MCMI-III; MACI; MAPI) Peabody Picture Vocabulary Test (PPVT-III) Structured Clinical Interview of Positive and Negative Symptom Scale (SCI-PANSS) Structured Clinical Diagnostic Interview (SCID) Test of Functional Literacy -Adult (TOFLA) Wechsler Adult Intelligence Scale (WAIS-III) Wechsler Intelligence Scale for Children Third Edition (WISC-III) Wechsler Individual Achievement Test (WIAT-III) Woodcock -Johnson III- Tests of Achievement Rorschach (Exner Comprehensive System) Vineland Adaptive Behavioral Scales
CONFERENCES/PROFESSIONAL DEVELOPMENT
Pennsylvania Psychological Association (PPA) Fall Conference, 2016 PPA Annual Convention, 2007 ABCT (formerly AABT) annual conference, 2005 and 2004 Acceptance and Commitment Therapy Summer Institute II, July 2005 Sexual Offending as a Public Health Problem, a New Approach to Relapse Prevention In the Shadows of the Net, Assessing and Treating Cyber-sex Shaking in the Shadows: Assessment, Intervention, and Treatment of Anxiety and Depressive Disorders in Adolescence Adolescent Problem Behavior- Prediction & Desistance A New Look at ADHD
PROFESSIONAL MEMBERSHIPS AND BOARD APPOINTMENTS
Pennsylvania Psychological Association Child and Adolescent Forensic Evaluation Workgroup Association of Family and Conciliation Courts PA State Board to Assess Sexually Violent Predators (SOAB) SEXUAL OFFENDERS ASSESSMENT BOARD 1101 South Front Street Suite 5700 HARRISBURG, PA 17104-2533
Meghan M. Dade TELEPHONE - (717) 787-5430 Executive Director FAX - (717) 705-2618 July 13, 2018
District Attorney Kevin Steele District Attorney's Office Montgomery County Courthouse Swede & Airy Streets Norristown, PA 19404
uSOAEI reports are confidential and not public record pursuant to Pa.R.Crim.P. 703.
RE: Court Order for Assessment of William Henry Cosby, Jr. Indictment No(s): CP-46-CR-0003932-2016
Dear Attorney Steele:
Pursuant to the Court's Order in this case, the Sexual Offenders Assessment Board (SOAB) has completed an assessment of William Henry Cosby, Jr., a copy of which is attached for your review. The assigned SOAB Member has determined that William Henry Cosby, Jr. does meet the criteria for classification as a sexually violent predator.
Under Pennsylvania law, the Commonwealth may pursue a hearing where the Court will determine if the defendant shall be classified as a sexually violent predator. The hearing is scheduled upon the Ming of a praecipe by your office. If a praecipe is filed, your office is required to serve a copy on defense counsel, along with a copy of the SOAB's assessment. At the hearing, the Commonwealth must prove by clear and -convincing evidence that the defendant meets the criteria for classification as a sexually violent predator.
The law also provides that the SCAB shall send a copy of the completed assessment to the agency preparing the presenter= investigation. Accordingly, the county probation department is copied on this letter.
If you have any.questions, please feel free to contact me at (717) 787-5430.
Sincerely,
Nr..1- M. Dant,
Meghan M. Dade Executive Director
cc: Michael P Gordon Chief Adult Probation Officer Montgomery County Adult Probation & Parole Department Case File RID 20285
A-21 PSNNSYLVANIR BOARD OF PROBATION ANA PAR01,6
Sum. OFFENDERS AS5E55111E7411' 80ARD 1107 SOUTH FRONT STRBST; 511IT6 5700 HARRISBURG, P6AIN5YI.VANIA 77104-2533
KRarem DVAI-EY, PsYD BOARD MEMBER
District Attorney Kevin R. Steele Montgomery County District Attorney's Office 2 East Airy St Norristown, PA 19401.
RE: William Henry Cosby RID No: C-20285 indictment No: CP-46-CR-3932-2016
Dear Attorney Steele:
The Court has ordered the Sexual Offenders Assessment Board to conduct an assessment of Mr. Cosby to determine if the defendant meets the criteria for classification as a sexually violent predator under Pennsylvania law.
1. Kristen F. Dudley. having been duly appointed by the SORB, having reviewed all of the information made available to me and having conducted the assessment to the best of my ability, make the evaluation and conclusions in the report that follows with a reasonable degree ofprofessional certainty.
1:42tristeDudley, Psy.D., mber, Pennsylvania Sexual Offenders Assessment Board PENNsyt.vomm BOARD OF PROBATION AND PARO4E
SEXUAL OFFENDERS ASSESSMENT BOARD 7701 SOUTH FRONT STREET, 5wre 5700 HARRISBURG, PENNSYLVANIA 17104-2533
KRISTEN F DUDLEY, P5yD BOARD MEMBER
Sexually Violent Predator Assessment
Offender Name: William Henry Cosby, Jr. Date of Assessment: 7/11/18 Offender Address: 8210 N. 214 Street Referring County: Montgomery Cheltenham, PA DOB: 7/12/37 Referring Judge: Hon. Steven T. O'Neill Age Today: 80 RID No.: C-20285 Age at Offense: 66 SOAB Investigator: Tina Miller
REASON FOR REFERRAL:
On 4/26/18, Mr. Willian Henry Cosby, Jr. was convicted by a jury of three counts of Aggravated Indecent Assault, which are sexually violent offenses under Pennsylvania Law. In accordance with Pennsylvania's sex offender registration statute Judge Steven T. O'Neill ordered Mr. Cosby to be assessed by the Sexual Offenders Assessment Board in order to determine if Mr. Cosby meets the criteria to be classified as a Sexually Violent Predator.
EVALUATION PROCEDURES:
Box 1 2018 Trial Transcripts-PA Commonwealth vs. William H. Cosby, Jr, Docket #3932-16 Pre -Trial Motions, Docket # 3932-18, dated 3/5/18 Pre -Trial Motions, Docket # 3932-18, dated 3/5/18 Pre -Trial Motions, Docket # 3932-18, dated 3/29/18 Pre -Trial Motions, Docket # 3932-18, dated 3/30/18 Transcripts, Docket # 3932-16, dated 4/9/18 Excerpt from Trial by Jury, Docket # 3932-18, dated 4/10/18 Transcripts, Docket #3932-18, dated 4/10/18 Testimony of Barbara Ziv, MD, Docket #3932-16, dated 4/10/18 Testimony of Ms. HT, Docket #3932-16, dated 4/10/18 Transcripts, Docket # 3932-16, dated 4/11/18 Transcripts, Docket # 3932-16, dated 4/11/18 Transcripts, Docket # 3932-16, dated 4/12/18 Testimony of Ms. JD, Docket # 3932-16, dated 4/12/18 Transcripts, Docket # 3932-16, dated 4/13/18 Transcripts, Docket # 3932-16, dated 4/16/18 Transcripts, Docket # 3932-16, dated 4/16/18 Transcripts, Docket # 3932-16, dated 4/19/18 (3 copies)
Page 1 of 19 pages Commonwealth Of Pennsylvania Sexual Offenders Assessment Board
Box 2 Transcripts, Docket # 3932-16, dated 4/20/18 (3 copies) Transcripts, Docket # 3932-16, dated 4/23/18 Transcripts, Docket # 3932-16, dated 4/24/18 Transcripts, Docket # 3932-16, dated 4/25/18 Transcripts, Docket # 3932-16, dated 4/26/18
Court Order, dated 4/27/18 Criminal Complaint, Docket # CP-46-CR-3932-2016 Trial/Plea/Sentence, Docket # CR-3932-2016, signed & dated 4/26/18 Police Criminal Complaint, Docket # CR-131-15 Affidavit of Probable Cause, Docket # CR-131-I5 Preliminary Hearing Transcripts, Docket # CP-46-MD-3156-2015, dated.5/24/15
2017 Trial Transcripts-PA Commonwealth vs. William H. Cosby, Jr,. Docket #3932-16 Transcripts, Docket #CR-3923-16, dated 6/5/17 Transcripts, Docket #CR-3923-16, dated 6/6/17 Transcripts, Docket #CR-3923-16, dated 6/7/17 Transcripts, Docket KR-3923-16, dated 6/8/17 Transcripts, Docket #CR-3923-16, dated 6/9/17 Transcripts, Docket #CR-3923-16, dated 6/10/17 Transcripts, Docket #CR-3923-16, dated 6/14/17 Transcripts, Docket #CR-3923-16, dated 6/15/17 Transcripts, Docket #CR-3923-16, dated 6/16/17 Transcripts, Docket #CR-3923-16, dated 6/17/17 Box 3 Sex Offender Board Investigator's Report Transcripts, Deposition Testimony, dated 9/20/05 Transcripts, Deposition Testimony, dated 9/29/05 Transcripts, Deposition Testimony, dated 3/28/06
Police Report/Files Fax from Durham (Canada) Regional Police Service to Philadelphia Police Department, dated 1/14/15 Durham Regional Police Service Incident Report, Incident # 2005-6411 Durham Regional Police Service Dispatch Entry, dated 1/13/05 Durham Regional Police Service Anticipated Evidence, Handwritten notes, 19 pages Fax from Philadelphia Police Department to Cheltenham Police Department, dated 1/18/05 Sexual Assault Report, dated 1/18/05 Cheltenham Township Police Department Supplemental Report, Incident #05-978, 7 pages Two blank pages Cheltenham Township Police Department Supplemental Report, Incident #05-978, 2 pages Cheltenham Township Police Department Supplemental Report, Incident #05-978, 1 page Memo to Lt. Richard Peffall from Det. John T. Fallon Cheltenham Township Police Department Supplemental Report, Incident #05-978, 2 pages
Page 2 of 19 pages Commonwealth or Pennsylvania Sexual Offenders Assessment Seed
Cheltenham Township Police Department Supplemental Report, Incident #05-978, 1 page Cheltenham Township Police Department Supplemental Report, Incident #05-978, 2 pages. Cheltenham Township Police Department Supplemental Report, Incident #05-978, 2 pages Two blank pages Cheltenham Township Police Department Supplemental Report, Incident #05-978, 2 pages Three blank pages Cheltenham Township Police Department Supplemental Report, Incident #05-978, dated 1/28/05,1 page Cheltenham Township Police Department Supplemental Report, Incicient#05-978, 1 page Cheltenham Township Police Department Supplemental Report, Incident #05-978, 1 page Cheltenham Township Police Department Investigation Interview Report, Case #05-978, dated 1/28/05 Cheltenham Township Police Department Supplemental Report, Incident #05-978, 1 page Email from Sharon Wagner to "[email protected]", cc'd Lt. Richard Peffall, dated 2/1/05 Cheltenham Township Police Department Investigation Interview Report, Case# 05-978, dated 2/1/05 Cheltenham Township Police Department Supplemental Report, Incident #05-978,1 page Five blank pages Cheltenham Township Police Department Supplemental Report, Incident #05-978, 1 page 19 blank pages Cheltenham Township Police Department Supplemental Report, Incident #05-978, 1 page Cheltenham Township Police Department Supplemental Report, Incident #05-978, 1 page One blank page Cheltenharn Township Police Department Supplemental Report, Incident #05-978, 1 page Email from Bruce Castor to Richard Peffall, dated 3/10/05 One blank page Cheltenham Township Police Department Evidence Log, case #05-978 Montgomery County Detectives Property Record, Incident #05-978, dated 1/22/05 Cheltenham Township Police Department Evidence Record, Incident #05-978, dated 1/26/05 Cheltenham Township Police Department Property Record, Incident #05-978 Montgomery County Detectives Supplemental Report, dated 7/10/15, MCDB Case #2015-2583 Cheltenham Township Police Department Incident Report, Log #15-24054 Cheltenham Township Police Department Mugshot Profile Poster, Arrest date 12/30/15 Cheltenham Township Police Department Booking/Arrest Form, Log #15-24054 Montgomery County Detectives Supplemental Report/Shade Follow -Ups,
. MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/Shade PBA Reports, MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/Reape PBA Reports, MCDB Case #2015-2583 Montgomery County Detectives Initial Report, MCDB Case #2015-2583 Cheltenham Township Police Department Supplemental Report, Incident #05-978, 1 page Cheltenham Township Police Department Supplemental Report, Incident #05-978, 1 page Montgomery County Detectives Supplemental Report/Subpoena Service, MCDB Case #2015-2583
Page 3 of 19 pages Commonwealth Of Pennsylvania Sexual Offenders Assessment ileard
Montgomery County Detectives Supplemental Report/Michael Bumbaurn, MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/PBA Witness Verification, MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/Interview Sidney Rosinski, MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/Ickes Interview, MCDB Case #2015-2583 Cheltenham Township Police Department Sup plemental Report, Incident #05-978, 1 page Montgomery County Detectives Supplemental Report/Contact PBA Witness, MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/Lilly Bernard phone call, MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/Patricia Green Narrative, MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/Att contact Louise Wein, MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/Meet with Kelly Johnson, . MCDB Case #20I 5-2583 Montgomery County Detectives Supplemental Report/Toronto Prep, MCDB Case #2015-2583 Montgomery* County Detectives Supplemental Report/Meet with Gianna Constand, MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/Contact with Kelly Johnson, MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/Johnson Deposition, MCDB Case #2015-2583 Division of Workers' Compensation-Workers' Compensation court public information search EAMS case #ADJ2974556 Montgomery County Detectives Supplemental Report/Statement of Kimra Manion, MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/Interview Garrett Hoffman,. MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/Border Crossings, MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/Temple Records Subpoena, MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/Toronto Trial Prep, MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/PBA Corroborative Witness List, MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/Meet with Janice Baker -Kinney, MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/Pablo Feives, MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/Statement of Mary Chokran,
Page 4 of 19 pages Commonwealth or Pennsylvania Sexual Offenders Assessment Sourd
MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/Statement of Marilyn Dana, MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/Dickinson Trial Prep, MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/Meet with Heidi Thomas, MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/Lasha Trial Prep, MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/Dr.. Ziv Trial Prep, MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/Telephone Interview of Berkeley Rich, MCDB, Case #2015-2583 Montgomery County Detectives Supplemental Report/Trial Preps, MCDB Case #2015-2583 Montgomery County. Detectives Supplemental Report/Clarification of August 2015 Constand Meeting, MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/Temple Records Response, MCDB Case #2015-2583 Letter via Facsimile from Temple University Counsel to Detective James Reape, dated 3/28/18 Temple University University Counsel Facsimile Cover Sheet, dated 3/28/18 Melissa Gilrain Subpoena, Docket #3932-16 (2 copies) Montgomery County Detectives Supplemental Report/Interview Cathy Woodward, MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/Defendant Phone Records Review, MCDB Case #2015-2583 Defendant Call Records: Victim's # Search with Temple Women's Basketball Schedule, 4 pages Defendant Call Records: Top Ten Called Numbers for Each Defendant Number, 4 pages Montgomery County Detectives Supplemental Report/Garrett Hoffman, MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/Letter from Anna Hansen, MCDB Case #2015-2583. Montgomery County Detectives Supplemental Report/Kivitz/Dickinson, MCDB Case #2015-2583 Montgomery County Detectives Supplemental Report/Yahne Lash-Miniweather, MCDB Case #2015-2583 Statement of Stuart Parsons, dated 1/22/05 Cheltenham Township Police Department Investigation Interview Report, Anthony Murray Case #05-978 Cheltenham Township Police Department Investigation Interview Report, Kevin Conare Case #05-978 Cheltenham Township Police Department Investigation Interview Report, Richard Stineman Case #05-978 Cheltenham Township Police Department Investigation Interview Report, Gladys Rogers Case #05-978
Page 5 of 19 pages Commonwealth OF Pennsylvania Sexual Offenders Assessment; Board
Cheltenham Township Police Department Investigation Interview Report, Charles Slaber Case #05-978 Cheltenham Township Police Department Investigation Interview Report, Ken Cianno Case #05-978 HK Golden Phoenix Restaurant Take Out Menu Cheltenham Township Police Department Investigation Interview Report, Michael Manthey Case #05-978 Cheltenham Township Police Department Investigation Interview Report, Linda Fairstein Case #05-978 Cheltenham Township Police Department Investigation Interview Report, John Conrad St. Marthe, Case #05-978 Cheltenham Township Police Department Investigation Interview Report, Lew Weiss Case #05-978 Cheltenham Township Police Department Investigation Interview Report, Louise Biala Chrisman, Case #05-978 Cheltenham Township Police Department Investigation Interview Report, Robert Loveless Case #05-978 (2 copies) Cheltenham Township Police Department Inveitigation Interview Report, Dawn Staley Case #05-978 Cheltenham Township Police Department Investigation Interview Report, Linda Sawl Case #05-978 Email form Risa Ferman to Richard Peffall, dated 2/11/05 Montgomery County Detectives Investigation Interview Record, Natalia Isaac, Case#05-145 Montgomery County Detectives Investigation Interview Record, Warren Chambers, Case#05-145 Cheltenham Township Police Department Investigation Interview Report, Steve Littman Case #05-978 Cheltenham Township Police Department Investigation Interview Report, Peter Wiedrlight Case #05-978 Cheltenham Township Police Department Investigation Interview Report, Marilyn Gordon Case #05-978 Two Emails between Richard Peffall and Bonnie George, dated 2/22/05 Email from Bruce Castor to Richard Peffall, dated 2/22/06 Handwritten notes regarding Bonnie George, 4 pages Cheltenham Township Police Department Investigation Interview Report, Anthony Murray Case #05-978 Cheltenham Township Police Department Investigation Interview Report, Sarah Ross Case #05-978 Email from Sarah Ross to James Reape, included is a Facebook Instant Message Ms. Ross sent to Ms. AC, dated 9/10/15 Report of Gary D. Wanberg, dated 9/9/05 Cheltenham Township Police Department Investigation Interview Report, Louise Atkins (Mullen), Case #05-978 Cheltenham Township Police Department Investigation Interview Report, Michael Waite Case #05-978
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Cheltenham Township Police Department Investigation Interview Report, Bebe H. Kivitz Case #05-978 Cheltenham Township Police Department Investigation Interview Report, Dolores M. Trioani, Esq., Case #05-978 Statement of Gloria Allred, dated 10/23/15 Handwritten notes, Donna Sanabria, dated 7/6/16 Letter to Gloria Allred from Donna Sanabria, dated 10/22/15 Six pages of pictures Report from Diane L. Cowan, CLI, CCDI, dated 12/2/16 Re: Pamela Grey -Young Memorandum form Scott I. Ross, Private Investigator to T. Mesereau, Esq., dated 3/15/18 Report from Diane L. Cowan, CLI, CCDI, dated 12/2/16 Re: Karen Williams Memorandum form Scott L Ross, Private Investigator to T. Mesereau, Esq., dated 1/13/18 Statement of Ms. SB via Gloria Allred Cheltenham Township Investigation Memo from Det. Fallon to Lt. Peffall Cheltenham Township Police Department Investigation Interview Report, William H. Cosby Case #05-978 Montgomery County Detective Bureau Statement of Ms. AC, case #05-978, dated 1/22/05 Montgomery County Detectives Investigation Interview Record, dated 2/9/05, Commonwealth's Exhibit C-PBA2-2 Cheltenham Township Police Department Investigation Interview Report, Ms. AC Case #05478 Photocopy of AMPAD Steno Pad notes, 9 pages Ms. AC's letter of resignation to Dawn Staley, dated 2/11/04 Letter from George E. Moore, Temple University, dated 1/24/05 Ms. AC Job Title, Start Date, and Sick, Personal, and Vacation Days Ms. AC Resume/CV Temple University Position Description Temple University Employee Identification Card Receipt, Ms. AC signed and dated 12/10/01 Ms. AC Withholding Tax form, dated 12/10/01 Ms. AC New Employee Orientation, dated 12/17/01 Expense Distribution/Change Form, signed & dated 11/12/02 Memo from Wayne Cummings to Jaison Kurichi, dated 11/12/02 Memo from Bill Bradshaw to Richard Englert, dated 11/5/02 Personal Data Form, page 1 of 3, dated 3/19/02 Temple University Employment Hrs. Requisition, dated 8/13/01 Memo from Dave O'Brien to Richard M. Englett, dated 8/9/01 American Disabilities Act Defining "Essential Functions" Temple University Position Questionnaire, pages 1-6 out of order Memo from Scott Cathcart to Wayne Cummings,. dated 8/29/01 Memo from Dave O'Brien to Richard M. Englert, dated 8/31/01 Budget Office print out with handwritten note on bottom of page Admin Record, HRS Processing, dated 12/7/01 Human Resources Employee Relations Probation Record Letter to Ms. AC from Temple University
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Confidential Memo from Lisa M. Stepp to Wayne Cummings;dated 12/5/01 Salary Determination Temple University Employment Opportunities Memo from Dave O'Brien to Richard M Englert, dated 9/24/01 Letter to Dawn Staley from Ms. AC, dated 8/8/01 Ms. AC Employee Attendance Record, dated 6/2/03 Ms. AC Resume Ms. AC Employee Attendance Record Fiscal Year 2002-2003 Temple University Employment Hrs Requisition, dated 8/13/01 Temple University Human Resources Personal Data Form, dated 3/23/04 Temple University Payroll Deduction Enrollment Form, dated 1/27/04 Letter from First Union National Bank, dated 1/25/02 Temple University Academic Reference Check, dated 9/26/01 University of Arizona Student Academic Record Authorization for Payroll Deductions, dated 3/14/03 Temple University Payroll Deduction Enrollment Form, dated 3/14/03 Memo from Dave O'Brien to Richard M Englert, dated 8/9/01 Letter to Dawn Staley from Ms. AC, dated 8/8/01 Temple University Employment Opportunities, dated 9/13/01 Temple University Department of Human Resources form, signed & dated 10/7/02 Employment Application, dated 9/7/01 Authorization for Direct Deposit Temple University Termination/Leave/Return from Leave of Absence, dated 3/18/04 Employment Transmittal Form
Statement by Gianna Constand, recorded on 1/20/05 Montgomery County Detectives Investigation IntervieW Record, Gianna Constand, case #05-978 Statement of Gianna Constand, dated 7/16/15 Montgomery County Detectives Supplemental Report/Trial Prep Gianna Constand 2018, MCDB Case #2015-2583 Transcript of conversation between Gianna Constand and Mr. Cosby Transcript of conversation between Ms. AC and Pete Wiederlight Transcript of voicemail message left by Pete Wiederlight Transcript of Voicemail message left by Marty Singer Transcript of Phone call between Mr. Cosby and Gianna Constand CFR Taped Transcript between Mr. Cosby and Constand, 3 phone calls and 3 additional messages Notes related to Sunni Welles statement Statement of Sunni Welles Montgomery County Detectives Investigation Interview Record, Prior Victim 1, case #2015-2583 Cheltenham Township Police Department Investigation Interview Report, Prior Victim 2; case # 05-978 Montgomery County Detectives Investigation Interview Record, Prior Victim 3,
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case #05-978 Montgomery County Detectives Investigation Interview Record, Prior Victim 4, case #05-978 Statement of Linda Brown, dated 2/12/15 Montgomery County Detectives Investigation Interview Record, Victoria Carbe-Chen (Valentino), case #05-978 The Guardian article 'More than vindication': Victoria Valentino on seeing Bill Cosby go to trial, dated 5/27/16 Notes pertaining to Autumn Burns Cheltenham Township Police Department Supplemental Report, Incident #05-978 Telephone Interview of PBA: Patricia Stuckenberg, dated 6/27/16 Statement of Linda Ridgeway Whitedeer, dated 8/12/15 Picture, unidentified young woman Montgomery County Detectives Investigation Interview Record, Colleen Hughes, case #05-978 Notes pertaining to Colleen Hughes Statement of Colleen Hughes, dated 8/12/15 Picture of unidentified young woman Charlotte Fox PBA Telephone Screening, dated 1/20/16 Statement of Charlotte Fox, dated 8/20/15 Investigative Report, Incident #141209001632, dated 12/5/14 Request for Confidentiality of Information, Incident #141209001632, dated 12/5/14 LAPD Follow -Up Investigation, DR# 14-0816958, dated 12/18/14 (2 copies) Montgomery County Detectives Investigation Interview Record, Prior Victim 5, case #05-978 Cheltenham Township Police Department WitnessNictim Statement, Prior Victim 6 case #05-978 Cheltenham Township Police Department Investigation Interview Report, Marcella Tate, case # 05-978 Statement of Marcella Tate, dated 4/23/15 Deposition of Prior Victim 7, Case Tamara Green et.al. vs. William H. Cosby, dated 5/5/16. Cheltenham Township Police Department Investigation Interview Report, Therese Serignese, case # 05-978 Montgomery County Detectives Investigation Interview Record, Prior Victim 8, case #05-978 Montgomery County Detectives Investigation Interview Record, SharOn Van Ert, case #05-978 Statement of Sharon Van Ert, dated 9/20/15 Cheltenham Township Police Department Supplemental Report, Incident #05-978 Montgomery County Detectives Investigation Interview Record, Patricia Steuer, case #05-978 Email from Patricia Steuer to James Reape, dated 6/25/16 Email from Patricia Steuer to James Reape, dated 6/27/16 Email from Patricia Steuer to James Reape, dated 6/28/16 Email from Patricia Steuer to James Reape, dated 6/29/16
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Montgomery County Detectives Investigation Interview Record, Patricia Masten, case #15-2583 Statement of Pamela Abeyta, dated 9/30/15 Montgomery County Detectives Investigation Interview Record, Prior Victim 9, case #15-2583 Montgomery County Detectives Investigation Interview Record, Prior Victim 10, case #15-2583 Montgomery County Detectives Investigation Interview Record, Prior Victim 11, case #15-2583 Cheltenham Township Police Department Investigation Interview Report, Linda Kirkpatrick, case # 05-978 Montgomery County Detectives Investigation Interview Record, Jewel Allison Gittens, case #15-2583 Montgomery County Detectives Investigation Interview Record, Prior Victim 12, case #15-2583 Montgomery County Detectives Investigation Interview Record, Prior Victim 13, case #15-2583 Montgomery County Detectives Investigation Interview Record, Prior Victim 14, case #15-2583 Cheltenham Township Police Department Supplemental Report, Incident #05-978 Montgomery County Detectives Investigation Interview Record, Dorothea Williams, case #15-2583 Statement of Dottye (Dorothea Williams), dated 10/23/15 Cheltenham Township Police Department Witness/Victim Statement, Prior Victim 15 case #05-978 Statement of Beth Ferrier, dated 12/3/14 Picture of Unidentified young woman Cheltenham Township Police Department Supplemental Report, Incident #05-978 Montgomery County Detectives Investigation Interview Record, Patrice 0' Connor, case #15-2583 Cheltenham Township Police Department Supplemental Report, Incident #05-978 Letter to Patrick J. O'Connor from Bebe H. Kivitz including attachments, dated 6/30/06 Cheltenham Township Police Department Supplemental Report, Incident #05-978 Telephone Interview of PBA Lucy Mohl, dated 1/6/6 Montgomery County Detectives Investigation Interview Record, Prior Victim 16, case #15-2583 Email to James Reape from Prior Victim 16, dated 9/5/16 Email to James Reape from Stacey Pinkerton, dated 9/5/16 Montgomery County Detectives Investigation Interview Record, Prior Victim 17, case #15-2583 Cheltenham Township Police Department Investigation Interview Report, Prior Victim 17, case # 05-978 Montgomery County Detectives Investigation Interview Record, Lisa Jones, case #15-2583 Notes of interview with Lisa Christie, dated 1/21/16 Statement of Sammie Mays, dated 5/1/15
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Montgomery County Detectives Investigation Interview Record, Prior Victim 18, case #15-2583 PBA Telephone Screening Lisa Lotte Lublin, dated 1/20/16 Lisa-Lotte Lublin Press Statement after Gov Brian Sandoval Signs AB212, dated 5/26/15 Benjamin Lublin Press Statement after Gov Brian Sandoval Signs AB212, dated 5/26/15 Lisa-Lotte Lublin Abolishing the Statue of Limitations 2015, dated 3/13/15 Statement of Lisa-Lotte Lublin, dated 2/12/15 Statement of Eden Tirl, dated 8/12/15 Picture of Unidentified young woman Montgomery County Detectives Investigation Interview Record, Prior Victim 19, case #15-2583 Montgomery County Detectives Investigation Interview Record, Lili Bernard, case #15-2583 Lili Bernard Statement on Bill Cosby May 1, 2015, NYC Letter from Det. James Reape to Lt. J. Kirschner, dated 8/6/15 Atlantic County Prosecutor's Office Investigation Report, Unit File #ACP0150456 Lili Bernard Statement on Bill Cosby May 1, 2015, NYC Statement of Marguerite Jackson, dated 11/20/16 Affidavit of Marguerite Jackson, dated 1/22/18 Press Release from Bruce Castor Montgomery County District Attorney, dated 2/17/05 Affidavit of John Norris, Docket #2:15-cv-5799-ER Sexual Abuse: Current Literature and Perspectives, Barbara Ziv, MD Memo to DA Kevin R. Steele from V. Valliere, Psy.D., dated 4/27/17 Letter to Stewart Ryan from Timothy P. Rohig, Ph.D., F-ABFT, dated 4/30/17 Letter to Stewart Ryan fluid Timothy P. Rohig, Ph.D., F-ABFT, dated 5/29/17 Letter to Angela Agrusa from Harry A. Milman, Ph.D., dated 6/8/17 Letter to M. Stewart Ryan from NMS Labs, dated 3/26/18 Cheltenham Township Police Department Supplemental Report, Incident #05-978 NMS Labs Final Report, Issued 8/25/15 5 pictures to dark to view Evidence Record, Incident #05-978, dated 1/26/05 Cheltenham Township Police Department Evidence Record, Case# 05-978, dated 1/16/05 Affidavit of Douglas M. Moss, dated 3/2/18 Letter from Lane L. Vines to Kevin R. Steele, dated 3/14/18 Eye & Lasik Center Medical record of Mr. Cosby, dated 10/24/16 Letter from Robert Ritch, MD, LLC dated 11/24/15
Addendums William Cosby Jr Educational Records Philadelphia School District, 25 pages Letter from Joseph P. Green, Jr., Esq. to Tina Miller, SOAB, dated 6/20/18 Letter from Robert Ritch, MD LLC, dated 11/25/15 Letter from the Commonwealth of MA Commission for the Blind to "Eye Care Provider"
Transcripts, Docket # 3932-16, dated 4/17/18 Excerpted Testimony of James Re,ape, Docket # 3932-16, dated 4/17/18
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Excerpted Testimony of Marguerite Jackson, Docket #3932-16, dated 4/18/18 Transcripts, Docket # 3932-16, dated 4/18/18 Excerpted Testimony of James Reap; Docket # 3932-16, dated 4/18/18 Excerpted Testimony of Pamela Gray-Young, Docket #3932-16, dated 4/18/18 Transcripts, Docket # 3932-16, dated 4/23/18
INFORMED CONSENT:
Mr. Cosby was initially represented by Thomas Mesereau, Esq. On 5/1/18 Mr. Mesereau notified the SOAB in writing that Mr. Cosby would not be participating in an interview.
Mr. Cosby released his attorney following his conviction. On 6/20/18 Mr. Cosby's new attorney, Joseph P. Green, Esq. confirmed that Mr. Cosby would not be participating in an interview.
DESCRIPTION OF THE INSTANT OFFENSE:
Mr. Cosby was found guilty of
1 Count Aggravated Indecent Assault 3125 (aX1) F2 1 Count Aggravated Indecent Assault 3125 (a)(4) F2 I Count Aggravated Indecent Assault 3125 (a)(5) F2
Mr. Cosby was introduced to Ms. AC (DOB 4/11/73) while she was employed by Temple University as the Director of Operations for the Women's Basketball team. Mr. Cosby and Ms. AC developed a friendship based on her occupation and his relationship with the University and Athletics Department. Despite Mr. Cosby having made two sexual advances toward her Ms. AC maintained the friendship and developed trust in him. During the trial Ms. AC stated she believed Mr. Cosby was taking a mentoring role in her life. Mr. Cosby was made aware of Ms. AC's intention to maintain a platonic relationship with him on two occasions when he made sexual advances toward her. On one occasion Ms. AC was at the Cosby home for dinner with Mr. Cosby. After the dinner they went into another room to continue their conversation, while sitting on the couch Mr. Cosby reached over and touched Ms. AC on her waist, her pants, and inner thigh. Ms. AC quickly left after this incident. She and Mr. Cosby had been exchanging small gifts with each other.
On a second, separate occasion Mr. Cosby invited Ms. AC to his home. While visiting, Ms. AC consumed a couple of glasses of wine. While they were talking, Mr. Cosby undid Ms. AC's pants and began to touch Ms. AC. She leaned forward to stop him. Mr. Cosby left the room and Ms. AC left the residence. Neither party discussed these events.
On a night between mid -January 2004 and mid-February 2004 Mr. Cosby invited Ms. AC to his house for dinner and to discuss her career plans; she was instructed to dress casually as it would only be the two of them for dinner. Ms. AC complained of feeling "drained" and not sleeping well. She was drinking water. Both Ms. AC and Mr. Cosby excused themselves. When Ms. AC returned from the bathroom Mr. Cosby offered Ms. AC three blue pills which he explained would "help take the edge
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off." He also referred to the pills as "friends." Ms. AC stated she believed they were herbal because during their eighteen-month friendship she and Mr. Cosby had discussed at length her aversion to taking pharmaceuticals or manufactured medications. In her words, "I trusted him." Around the same time as ingesting the pills Mr. Cosby offered Ms. AC a glass of wine and encouraged her to taste it.
Ms. AC stated that shortly after ingesting the pills she began to see double, her mouth felt dry and cottony. She stated she was slurring her words. Mr. Cosby led her away from the dining area and onto a couch; Ms. AC also stated she was unable to walk without assistance because her legs were "rubbery" and "like jelly." Ms. AC also felt nauseous, was losing her sense of time, and described a sense of being "in and out."
While laying her on the sofa Mr. Cosby told Ms. AC to relax. Ms. AC lost consciousness. When she first regained consciousness she was still on the same sofa, but Mr. Cosby was now laying next to her and behind her so her back was resting on his chest. Ms. AC could feel her vagina being forcefully penetrated by Mr. Cosby's fingers. Mr. Cosby was also fondling Ms. AC's breasts and using Ms. AC's hand to masturbate his erect penis. Ms. AC did not provide consent for these activities nor was she able to stop the assault because of her physical condition, i.e. slurred speech, feeling "frozen" and "paralyzed." Ms. AC regained full consciousness around 4am. She was still on the sofa, but her clothes
were askew; her sweater was bunched up and her bra was undone exposing her breasts. Ms. AC . repositioned her clothing, got up, and walked toward the doorway where she observed Mr. Cosby in a robe standing at the bottom of the staircase. Mr. Cosby offered her a muffin, walked Ms. AC to the door, opened it, and said, "alright."
Ms. AC resigned her position at Temple University in March 2004 and returned to her family home in Canada. On January 13, 2005 Ms. AC told her mother (Ms. GC) about the assault. Ms. GC attempted to contact Mr. Cosby; she left a message. Mr. Cosby returned Ms. GC's call on 1/16/05 and they spoke for two and a half hours and Mr. Cosby admitted to fondling Ms. AC's breasts, digitally penetrating her vagina, and having her masturbate his penis for his sexual gratification. Mr. Cosby apologized and offered too pay for any therapy cost Ms. AC incurred.
The next day (1/17/05) Mr. Cosby called again. He asked Ms. GC if Ms. AC was still interested in pursing a career in broadcasting and he offered to provide financial assistance for any education program Ms. AC wished to pursue. Mr. Cosby also invited Ms. AC and Ms. GC to meet with him in person. On 1/18/05 Ms. GC received a call from one of Mr. Cosby's representatives attempting to coordinate the C's travel to Florida to meet with Mr. Cosby at one of his shows. Mr. Cosby offered to pay for their travel expenses. Ms. GC and Ms. AC declined this offer.
Ms. AC reported the incident to her local police department on 1/13/05 which initiated an investigation. On 2/17/05 the former District Attorney Bruce Castor announced he would not pursue criminal charges against Mr. Cosby. On 3/8/05 Ms. AC initiated a civil suit against Mr. Cosby (see below "Lawsuits" for details). In July 2015 a Federal judge issued an order allowing parts of Mr. Cosby's deposition to be made public. The release of this information combined with a number of public claims by other women who claimed Mr. Cosby had assaulted them (see below "Behavioral Characteristics" for details) in a manner similar to his assault of Ms. AC prompted then District
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Attorney Risa Verti Ferman to review the Statute of Limitations and reopen the investigation on July 10,2015 leading to the current charges and ultimate conviction.
OBSERVATIONS OF THE DEFENDANT:
The absence of an interview does not preclude the Board member's ability to assess Mr. Cosby's behavior throughout history for characteristics similar or dissimilar to the criteria set forth in statute defining a Sexually Violent Predator.
IDENTIFYING AND HISTORICAL INFORMATION:
Juvenile History: There is no evidence Mr. Cosby has any type ofjuvenile history.
Prior Adult History: Mr. Cosby has no known prior adult convictions.
Prison Treatment and Adjustment: Mr. Cosby has never been incarcerated.
Education: Educational records from the Philadelphia School District were received. These records indicate Mr. Cosby did not graduate from high school. It appears he inquired about what he would need to do while in the military to earn his diploma. There is no indication he followed through with the requirements. Mr. Cosby attended Temple University after leaving the US Navy; he did not graduate from Temple University. Mr. Cosby did become an esteemed donor and was a University Board Member at the time of the instant offense.
Empjoyment: Mr. Cosby dropped out of high school in order to enlist in the US Navy. Mr. Cosby. is an entertainer and public speaker. His career has included working in television, film, and performing stand-up comedy. Mr. Cosby has also authored children's books, notably Little Bill, which was used to launch a cartoon series by the same name.
Children and Youth Reports: There are no known records pertaining to Mr. Cosby.
Drug/Alcohol Use: During his deposition in 2005 Mr. Cosby stated he drank alcohol when he was 16 years old but has stopped drinking alcohol. He denied ever taking Quaaludes, despite having obtained seven different prescriptions from his Los Angeles based physician.
Marital/Children: In 2005 Mr. Cosby stated he had been married for 40 years. According to unverified, media reports Ms. Camille Cosby filed for divorce following Mr. Cosby's"conviction. Mr. and Ms. Cosby have five children together, two of these children predeceased them.
Lawsuits: On 3/8/05 Ms. AC initiated a civil lawsuit against Mr. Cosby after the previous District Attorney decided against filing criminal charges. Ms. AC claimed Battery, sexual assault, intentional infliction of emotional distress, and other related claims in this suit. On 7/13/06 the suit was settled. In July 2015 a Federal judge who oversaw the civil suit allowed parts of Mr. Cosby's deposition released to the public. This information led to scores of other women in multiple states coming forward publicly
Page 14 of 19 pages Commonwealth Of Pennsylvania Sexual Offenders Assessment Board alleging Mr. Cosby sexually assaulted them in a comparable manner (See below "Behavioral Characteristics" for details).
Violence History: There is no indication Mr. Cosby has ever had a Protection from Abuse order issued against him. It is unknown if he has ever been the victim of any type of violence or has been the perpetrator of any physical violence against others.
FACTORS:
Pennsylvania law requires the Board to consider 14 factors during the course of the assessment. As set forth by the Pennsylvania Supreme Court in Dengler (2005), Conklin (2005) and Meals (2006), the factors are not to be used for risk assessment, the factors cannot be balanced against each other, and SVP status may be based upon the presence of factors, while the absence of factors is not conclusive. Accordingly, the Board uses the factors to highlight the defendant's individual offense pattern.
FACTS OF IlIE CURRENT OFFENSE:
1. Whether the offense involved multiple victims: Ms. AC was the only victim in the instant offense. Mr. Cosby initiated sexual contact with Ms. AC on three separate occasions while she was a visitor in his home. The final sexual contact was when he drugged and assaulted her.
2. Whether the individual exceeded the means necessary to achieve the offense: Mr. Cosby did not exceed the means necessary to sexually assault Ms. AC. He provided her with drugs and alcohol which caused her to be overly sedated allowing him to sexually assault her.
3. The nature of the sexual contact with the victim: Mr. Cosby initiated a relationship with Ms. AC while she was an employee at Temple University working with the Women's Basketball team. Over the course of 18 months Mr. Cosby cultivated this friendship by inviting Ms. AC to his home, talking with her on the phone and encouraging her to confide in him about her ambitions. Mr. Cosby attempted to initiate a sexualized relationship with Ms. AC twice prior to the assault. One night in January or February 2004 Mr. Cosby invited Ms. AC to his home for dinner to discuss her future career plans.
4. The relationship of the individual to the victim: Mr. Cosby sought out Ms. AC and befriended her 18 months prior to the sexual assault. Ms. AC perceived their relationship to be one of friendship and described Mr. Cosby as being in a mentoring role in her life. Mr. Cosby stated he was attracted to Ms. AC.
5. Age of the victim: Ms. AC was 30 years old at the time of the instant offense. She did not provide consent for sexual activity to occur between herself and Mr. Cosby.
6. Whether the offense included a display of unusual cruelty by the individual during the commission of the crime: Mr. Cosby did not display any unusual cruelty during commission of the crime.
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7. The mental capacity of the victim: Ms. AC ingested the three blue pills provided to her by Mr. Cosby and consumed a few sips of alcohol also provided by Mr. Cosby prior to the sexual assault. She was unconscious and unable to consent to sexual activity at that time.
PRIOR OkkENSE HISTORY:
1. The individual's prior criminal record (sexual and nonsexual): Mr. Cosby has no prior criminal record. This factor is not relevant for Mr. Cosby.
2. Whether the individual completed any prior sentences: Mr. Cosby has no prior record. The factor is not relevant for Mr. Cosby.
3. Whether the individual participated in available programs for sexual offenders: Mr. Cosby has no prior criminal history of sexual offending, so there has been no legal reason for him to attend treatment.
CHARACTERISTICS OF TM DEFENDANT:
1. Age of the individual: Mr. Cosby was 66 years old at the time of the instant offense.
2. Use of illegal drugs by the individual: Mr. Cosby did not use any illegal drugs at the time of the instant offense. There is no evidence to suggest Mr. Cosby has a history of illegal drug use.
3. Any mental illness. mental disabilitv, or mental abnormality: There is no evidence to suggest Mr. Cosby has an additional mental illness or abnormality. Nor is there any evidence to suggest he has a mental disability.
4. Behavioral characteristics that contribute to the individual's conduct: Following the public release of Mr. Cosby's deposition from his civil suit against Ms. AC, 46 women came forward and described being sexually assaulted by Mr. Cosby in manners consistent with how he assaulted Ms. AC. During the trials Judge O'Neill allowed testimony by these women under the Bad Acts statute. That is, these witnesses or potential witnesses showed how Mr. Cosby's behavior at the time of the instant offense was not a mistake or an accident rather, his behavior was a consistent pattern over time.
The earliest known victim was assaulted in the mid-1960's when she was 15 years old and Mr. Cosby was approximately 25 years old. There were five (5) other women who alleged being assaulted by Mr. Cosby in the 1960's. Some were given beverages, some were given pills, at least one woman was given both pills and beverages. All lost consciousness and were sexually assaulted by Mr. Cosby.
Mr. Cosby had 15 different women accuse him of drugging them either with a beverage or with pills and then sexually assault them while they were unconscious during the 1970's. One
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woman accused him of forcing her to perform oral sex on him. Many of the women spoke of meeting Mr. Cosby at their place of employment such as a nightclub, a casino, or at the Playboy Mansion. Many of the women felt flattered to be receiving attention from a man who was famous, wealthy, and promised to further their career in modeling or acting. Mr. Cosby was consistently able to develop rapport with these women and they quickly grew to trust him.
Twenty-three (23) women reported being sexually assaulted by Mr. Cosby in the 198Q's. The pattern of behavior persisted with Mr. Cosby meeting women through their occupation, such as modeling (having an agency send the women to him), bartenders, massage therapists, airline attendants, and a University employee, Eighteen of the 23 women reported being given beverages by Mr. Cosby prior to losing consciousness or losing the physical ability to fend off sexual advances. Two women reported ingesting pills provided by Mr. Cosby; one women was given both pills and alcohol before losing consciousness.
Many of the women report having faint memories, some describe having snapshots of events. Many reported becoming nauseous and/or becoming physically ill at some point during these encounters with Mr. Cosby. Some were told they had become physically ill and that was why their clothing had been removed.
What is clear from these reports is that Mr. Cosby engaged in a clear, discernable pattern of behavior as far back as the mid 1960's to facilitate his sexual offending.
FACTORS THAT ARE SUPPORTED IN THE SEXUAL °MINDER ASSESSMENT FIELD AS CRITERIA REASONABLY RELATED TO THE RISK OF RE -OFFENSE:
It is unclear if Mr. Cosby possess any of the factors know to increase an offender's risk of re -offense.
MENTAL ABNORMALITY/PERSONALITY DISORDER CRITERION:
As set forth by the Pennsylvania Supreme Court in Dengler (2005), the terms "Mental Abnormality" and "Personality Disorder" are legislative constructs that do not require proof of a standard of diagnosis that is commonly found and/or accepted in a mental health paradigm. The four statutory criteria for the Mental Abnormality/Personality Disorder Criterion are:
1. The individual has a congenital or acquired "condition" which is the impetus to the sexual offending., Mr. Cosby has a long history of befriending young women who were models, actresses, or, as in the case of Ms. AC, had expressed an interest in getting into broadcasting. These women came to trust Mr. Cosby. In many instances he also befriended their parents or family members increasing the levels of trust the women had in him. Mr. Cosby provided beverages, both alcoholic and non-alcoholic, and/or unknown drugs to the women. All the women reported soon after ingesting the substances they lost consciousness and when they
Page 17 of 19 pages Commonwealth Of Pennsylvania Saxaal Offenders Amassment Board
regained consciousness they were being sexually assaulted or there was evidence of being sexually assaulted because their clothing was removed or askew, their genitals felt sore, or there was residue on their body consistent with drying semen. Mr. Cosby is sexually aroused by having sex and/or engaging in sexual activity with women who have both developed a trust in him and have been rendered unconscious by intoxicating substances. This behavior is consistent with a diagnosis of Other Specified Paraphilic Disorder: Non -consenting Women. By definition, a paraphilic disorder is one... "whose satisfaction has caused personal harm, or risk of harm to others." Mr. Cosby's paraphilia involved gaining the trust of young women, developing a mentoring or in some case a father -figure relationship with them before drugging them and sexually assaulting them.
2. The individual suffers from a lifetime "condition." A paraphilia is an "intense and persistent sexual interest" beyond normative sexual interest. Women who came forward as Bad Acts Witness's indicate Mr. Cosby has been engaging in this behavior for over 30 years.
3. The "condition" over -rode the individual's emotional/volitional control. Despite knowing his behavior was inappropriate and that it could create significant and negative consequences to him and/or the victims, Mr. Cosby repeatedly engaged in grooming and sexually offending behavior with young adult females. In the instant offense, Mr. Cosby attempted to hide his criminal culpability by having a confidentiality clause inserted in the civil suit. Prior to the civil suit he attempted to "buy off' Ms. AC by first offering to fly her and her mother to a city in Florida where he was performing and then when that was unsuccessful he offered to pay for her graduate studies.
4. Likelihood of re-offending. Mr. Cosby suffers from Other Specified Paraphilic Disorder: Non - consenting Women which is considered to be a lifelong condition. Thus, it is likely that he would again seek out women to sexually abuse unless and until he receives intensive specialized sex offender treatment and continues such treatment, including relapse prevention plans, for the remainder of his life.
Based upon all the available information, it is this Board Member's professional opinion within a reasonable degree of professional certainty that Mr. William H. Cosby, Jr. SUFFERS FROM a Mental Abnormality/Personality Disorder as defined in Pennsylvania law, specifically Other Specified Paraphilic Disorder: Non -consenting Women.
PREDATORY BEHAVIOR CRITERION:
The law defines "predatory" as "an act directed at a stranger or at a person with whom a relationship has been initiated, established, maintained, or promoted, in whole or in part, in order to support or facilitate victimization."
Mr. Cosby initiated a relationship with Ms. AC a 29 -year -old woman who was an employee at the University where he was a major donor and on the Board of Directors. During the course of their 18 - month acquaintanceihip Mr. Cosby, garnered her trust and admiration. They had conversations about
Page 18 of 19 pages Commonwealth Of Pennsylvania Sexual Offenders Assessment; Hoard her career and life ambitions prior to the night when he drugged and then assaulted her. These actions, his drugging and sexually assaulting Ms. AC, were for the sole sexual gratification of Mr. Cosby and as such they meet criteria, under the statute to be classified as PREDATORY.
OPINION:
Having reviewed all the records available, having considered all of the factors specified under Pennsylvania law, and having considered the current and credible sex offender research, it is this Board Member's professional opinion within a reasonable degree of professional certainty that Mr. William H. Cosby, Jr. MEETS criteria to be classified as a Sexually Violent Predator under Pennsylvania law.
Krist(n F. Dudley, P .D. Member, Pennsylvania Sexual Offenders Assessment Board
Page 19 of 19 pages :§; EXHIBIT SentrcArg
IN THE COURT OF COMMON PLEAS, MONTGOMERY COUNTY, 8 PENNSYLVANIA - CRIMINAL DIVISION °- COMMONWEALTH OF PENNSYLVANIA CP-46-CR-3932-16
v.
WILLIAM H. COSBY, JR.
COMMONWEALTH SENTENCING MEMORANDUM
TO THE HONORABLE STEVEN T. O'NEILL, J.:
TABLE OF CONTENTS
I. INTRODUCTION 2 II. FACTUAL AND PROCEDURAL BACKGROUND 3 A. Procedural History 3 B. Factual History 3 1. The Sexual Assualt 3 2. The Relationship Prior to the Assault 6 3. Andrea Constand's Disclosure 8 4. Defendant's Statement to Police 10 5. Defendant's Civil Deposition Testimony 11 a. Defendant's Romantic Interest in Ms. Constand 12 b. Defendant's Knowledge of Central Nervous System Depressants 12 c. Defendant's Actions After Ms. Constand's Disclosure 14 6. Prior Uncharged Offenses 15 a. Heidi Thomas 15 b. Chelan Lasha 18 c. Janice Baker-Kinley 19 d. Janice Dickinson 21 e. Lise Lotte-Lublin 23 III. ARGUMENT 24 A. Legal Standards 24 B. Sentencing Guidelines 27 C. Nature, Circumstances, and Gravity of the Offense 28 D. Victim Impact 29 E. Community Impact and Protection of the Public 31 F. History, Character, and Rehabilitative Needs of the Defendant 33
I. INTRODUCTION
In two weeks, defendant William H. Cosby, Jr., now a convicted felon, will stand before the Court for sentencing. When he last stood before the Court, after a jury of his peers finally, and emphatically, delivered justice, he engaged in an extraordinary display of disrespect to the decorum of the tribunal. Though assuredly not the first time a criminal defendant has reacted in such a manner to a jury rejecting his false arguments and accepting the truth of the Commonwealth's case, perhaps most extraordinary was that the Court and the public finally had incontrovertible evidence of who this convicted criminal defendant actually is. With the presumption of innocence washed away, defendant unmasked himself. Justice and the law demand that the Court sentence defendant not only for what a jury has deter mined he did, but also based on who he is. This sentencing memorandum addresses not only the severe and lasting impact of his crimes on Andrea Constand, but also defendant's character, his dim chances at rehabilitation, and the impact of his conduct on the public. A sober view of this case and this defendant, without any regard to emotion or sympathy, can mean only one just sentence, and that is the maximum allowed by law. The Commonwealth respectfully requests that
2 this Court impose a sentence of 5 to 10 years' imprisonment, a $25,000 fine, and costs of prosecution.'
II. FACTUAL AND PROCEDURAL BACKGROUND
A. Procedural History
A jury trial was held before this Court on April 9, 2018, through April 26,
2018. The jury convicted defendant of the following offenses in connection with the drug -induced sexual assault he committed on Andrea Constand:
Count 1 Aggravated Indecent Assault (18 Pa. C.S. §3125(a)(1));
Count 2 Aggravated Indecent Assault (18 Pa. C.S. §3125(a)(4)); and,
Count 3 Aggravated Indecent Assault (18 Pa. C.S. §3125(a)(5)).2
This Court deferred sentencing pending the completion of a presentence investigation ("PSI"), a probation and parole intervention ("PPI"), and a sexually violent predator ("SVP") assessment.
B. Factual History
1. The Sexual Assault
In January 2004, defendant invited Andrea Constand to his home in Cheltenham, Montgomery County, under the pretense of discussing her career.
At the time, Ms. Constand was the Director of Operations for the Temple University Women's Basketball Team. Defendant was a longtime trustee of the university (N.T. Trial by Jury, 4/13/18, pp. 17, 53, 57, 68).
1 As noted in the Economic Status Section of the Presentence Investigation Report, according to defense counsel, there is no dispute that defendant will be able to "pay any imposed court fine and costs."
2 Counts 2 and 3 merge with Count 1 for sentencing purposes.
3 When she arrived at defendant's home, Ms. Constand and defendant sat at the kitchen table and began talking; she explained that she had been feeling stressed. Ms. Constand then went to use the bathroom, and defendant went upstairs. They both returned to the kitchen (id. at 57-59). Defendant opened his hand and produced three blue pills and told her to "[p]ut them down" (id. at
59-60). He said, "[t]hese are your friends[;] [t]hey'll help take the edge off . . .
[t]hey'll help you relax" (id.). She thought they were natural or herbal pills because she and defendant had previously discussed how she did not take medication, but would take herbal and natural supplements. She trusted defendant, so she took the three pills, along with some water that defendant provided. Defendant also encouraged her to drink some wine from a glass that was already poured on the table, telling her it was from an old bottle that she needed to try. She took a sip of the wine (id. at 58-59).
Shortly after ingesting the wine and the three blue pills, Ms. Constand began to feel ill; she was slurring her words, her mouth felt dry and "cottony," and she had double vision. She told defendant that she was seeing two of him.
Eventually, she was unable to speak. Defendant told her she needed to relax.
She stood up, but could not stand on her own. Her legs were "shaky" and "felt really rubbery" (id. at 61-63). Defendant took her arm and helped her to a couch. He laid her down on her left side, telling her to relax (id. at 62).
Ms. Constand was soon unconscious as a result of the intoxicants defendant administered. During a brief bout of semi -consciousness, she recalls defendant lying on the couch behind her, penetrating her vagina with
4 his fingers and fondling her breasts. He also took her hand, placed it on his penis and masturbated himself with it. Throughout the assault, she was trying to move, but could not. She wanted to speak to tell him to stop, but she could not. She was completely incapacitated (id. at 62-64). As she explained to this Court and the jury:
I wanted it to stop. I couldn't say a thing. I was trying to get my hands to move, my legs to move, and the message just wasn't getting there. I was weak. I was limp. And I could not fight him off
(id. at 64).
The next thing she remembers is waking up on the couch around 4:00 or 5:00 in the morning, disheveled, with her bra around her neck and her pants partially unzipped. After getting herself together, she stood up and walked toward the kitchen door. Defendant was standing in the doorway, wearing only a robe and slippers. He told her that there was a muffin and a cup of tea for her on the table. She took two sips of the tea, put the muffin top in a napkin, and then left (id. at 65-66).
A couple months after the assault, defendant invited Ms. Constand to a group dinner at a Chinese restaurant in Philadelphia. She went to the dinner so she could confront defendant about the sexual assault. She wanted to know what pills he had given her that night. She was unable to speak with him at the dinner, so she approached him afterward and asked to speak with him. He said she should come back to his house, and they could speak there. She went to his house and questioned him about the night of the assault. He was evasive, however; he simply said, "I thought you had an orgasm" (id. at 67-68).
5 Realizing that she would not be getting any answers from defendant, she lost her courage and left (id. at 68).
Ms. Constand remained in her position as Director of Basketball
Operations at Temple University for a couple of months after the assault. Due to her position and defendant's standing and affiliation with the university, she continued to have contact with him following the assault. She left the university at the end of March 2004 (id. at 69-70).
2. The Relationship Prior to the Assault
Prior to the assault, defendant and Ms. Constand developed a friendship and a mentorship. They first met at a basketball game on Temple's campus, through her job. A university donor introduced her to defendant, who himself was a donor to the school's basketball program and was on the university's
Board of Trustees. During their initial meeting, defendant toured the new women's locker room and had some questions about the facility. Ms. Constand could not answer the questions at that time; defendant later called her at her office to follow-up on the questions. He called her on other occasions, too, to discuss the women's basketball program. During these discussions, defendant also asked her about her career goals (id. at 23-24, 25, 28).
Defendant later invited Ms. Constand to dinner at his Cheltenham home. When she arrived, the chef brought her dinner; she ate dinner alone. Defendant came and sat with her as she finished eating her dinner. They had a general discussion centered around defendant getting to know her better.
Defendant sat close to her and briefly put his hand on her thigh as an
6 affectionate gesture. She did not infer anything romantic from this fleeting contact (id. at 28-32).
After this initial dinner at his Cheltenham home, over the course of the next several months, defendant invited Ms. Constand to two more dinners at his home, both with groups of people. The first dinner was with local restauranteurs. Defendant invited her to the dinner because she was new to the city and he wanted her to make more contacts. Under the same pretense, he invited her to another group dinner at his home; this one was with representatives from local colleges and universities. Ms. Constand was never alone with defendant at either dinner. Nothing inappropriate occurred (id. at
33-36).
Ms. Constand and defendant continued to maintain contact. Defendant invited her to a dinner in New York with a business associate, who he wanted her to meet because he worked in broadcasting, and defendant had previously discussed a career in broadcasting with her. She accepted his offer; she believed that the dinner was another way that defendant was trying to mentor her and help her in her career. Ms. Constand took the train to New York City, and she took the train back to Philadelphia immediately following the dinner.
Defendant invited Ms. Constand to New York City on another occasion, for a blues concert. She went to the concert and sat with other females guests of defendant, but she did not have any interaction with defendant; she simply saw him when he appeared on stage during the concert (id. at 37-41). Several months after the blues concert, defendant again invited Ms.
7 Constand to dinner at his Cheltenham home to discuss her career. This time, she was the only guest. The two ate dinner and discussed her work at Temple and her future career aspirations. After they finished eating, defendant sat next to her. He attempted to unbutton her pants; she could feel his hand at the top of her zipper, trying to pull the zipper down. She leaned forward, gesturing that she was not interested. Defendant removed his hand, and she left his home. Ms. Constand believed "[h]e got the picture" (id. at 41-44).
Throughout all of her interactions with defendant up until the time of the assault, Ms. Constand never felt threatened. Defendant had instilled his trust in her. He was a trustee at her place of employment; he developed what she thought was a legitimate friendship with her; he acted as a mentor to her; and she believed he was showing a genuine interest in her career (id. at 53-54). 3. Andrea Constand's Disclosure
In January 2005, Ms. Constand woke up crying from a bad dream.
Unable to suppress the assault any longer, the dream and her emotional reaction prompted her to tell her mother, Gianna Constand, about the assault.
She told her mother that defendant gave her three blue pills and then sexually violated her without her consent (id. at 76-78).
Once Ms. Constand disclosed the assault to her mother, and after she filed a police report, her mother telephoned defendant and he called her back the following day.3 Both Gianna Constand and her daughter were on the
3 Defendant had previously sought to ingratiate himself with Ms. Constand's family. On an occasion after the assault, defendant was performing in Toronto and invited the Constand family to the show. Ms. Constand had already left
8 phone call. During the call, defendant confirmed that he had drugged and sexually assaulted Ms. Constand; he apologized to her. Her mother tried to get him to tell them what drug he had given her daughter. He said he had to go find the prescription bottle; he left the phone call for several minutes. When he returned to the phone call, he told them that he could not read the name on the prescription bottle. He said he would write it down and mail it to them. He never did (id. at 83-85; N.T. Trial by Jury, 4/16/18, at 188-189). Gianna Constand had a subsequent telephone conversation with defendant. During the call, defendant asked her if her daughter was still interested in a career in sportscasting or television. She was not sure what defendant was referring to or why he was asking the question. She told defendant her daughter was currently in massage therapy school. Defendant then offered to pay for graduate school for her. Gianna Constand did not know where this was coming from; she had never spoken to defendant about this before. Defendant also broached the subject of meeting with the Constands and arranging their travel to another city. Once again, Gianna Constand did not know where this was coming from, as she never made such a request. The only things she asked for from defendant were an apology and the name of the drug he had given her daughter. She got the apology, but he never gave her
Temple and was living in Toronto with her parents; her family did not know about the assault at the time. Her parents had been talking about going to the show; they were excited to go. Ms. Constand did not want to let them down, so she attended the show with her parents and her sister. Her mother even brought defendant a Canadian t -shirt as a thank you (id. at 74-75). Defendant had invited members of Ms. Constand's family to a show prior to the assault as well.
9 the name of the drug, even when she asked him again during this phone call
(id. at 198-199, 203-206). Defendant admitted at the end of the conversation that he was "a sick man" and that he felt like he was "a dirty old perverted man" (id. at 207).
Within a day or two of filing a police report, one of defendant's representatives left a voicemail for Ms. Constand. When she returned his call, the representative sought to obtain information so he could make travel arrangements for a trip for her to meet with defendant. Another one of defendant's representatives called her in an effort to set up an educational trust for her from defendant. She accepted neither (N.T. Trial by Jury,
4/13/18, at 87, 89, 92, 93). 4. Defendant's Statement to Police
On January 26, 2005, defendant gave a statement to detectives from the
Montgomery County Detective Bureau and the Cheltenham Police Department.
The interview took place at defendant's lawyer's office in New York, New York.
During the interview, defendant claimed to detectives that the medication he gave to Ms. Constand was Benadryl. He admitted that he never-either at the time or any time after-told Ms. Constand what those pills were. He stated that he routinely used Benadryl and had been doing so for the past five years; he used the pills when he was traveling and "if the time is turned around" (N.T.
Trial by Jury, 4/17/18, at 113, 126-127). He further stated that he gave Ms.
Constand one -and -a -half tablets, and he felt comfortable doing so. He also stated, however, that he takes two Benadryl tablets, but they make him so
10 drowsy that he would never go perform after taking them. He then told the detectives that he carries the pills with him; he proceeded to have his driver bring pills up from his car. The pills that defendant showed the detectives were in a plastic bag; the pills defendant claimed were Benadryl were pink, not blue
(id. at 127, 150, 158-159, 161).
When asked by the detectives if he ever had sexual intercourse with Ms.
Constand, defendant responded, "[n]ever asleep or awake" (id. at 130). He thus suggested that, in his mind, "either could be possible as a reasonable answer."
Presentence Investigation Report at 8 (Offense Conduct Section).
Defendant also admitted to offering to pay for graduate school for Ms.
Constand, provided she maintained a 3.0 grade point average, but the
Constands did not accept his offer. Defendant said he offered the graduate school payment and a trip to Miami because he felt threatened. He did not like the nature of his first conversation with Gianna Constand; she was upset and confrontational (id. at 141, 147-148). He stated "so from my conversation talking about grad school and being a therapist . . . I thought there was something I could do to put them [the Constands] back with me" (id. at 147). 5. Defendant's Civil Deposition Testimony
The Commonwealth initially declined to prosecute defendant. Ms.
Constand, instead, tried to get justice civilly by suing defendant. She reached a settlement with defendant. As a part of the confidential settlement agreement, defendant paid Ms. Constand $3,380,000; in return, she had to sign an agreement that stated that she "agrees that she will not initiate any
11 criminal complaint against Cosby arising from the underlying facts of this case"
(N.T. Trial by Jury, 4/13/18, at 104, 108, 110).
In 2006, defendant gave sworn testimony during a civil deposition in the matter of Constand v. Cosby. In 2015, a federal judge released this testimony for the first time and the Montgomery County Detective Bureau obtained a copy (N.T. Excerpted Testimony of James Reape, 4/17/18, at 8).
a. Defendant's Romantic Interest in Ms. Constand
In this deposition, defendant stated that he developed a romantic interest in Ms. Constand the first time he saw her, though he did not tell her that he had that romantic interest (id. at 20-21). By romantic interest, he meant
"romance in terms of steps that will lead to some kind of permission or no pet mission or how you go about getting to wherever you're going to wind up"
(id. at 24-25). b. Defendant's Knowledge of Central Nervous System Depressants Defendant talked about the pills that he had shown the detectives during his formal interview. He said that the green blood pressure pill was homeopathic; he did not know the name of it, but he used it to sleep and relax.
He stated that the white pill was called Arnica Montana; it was a homeopathic pill also. He admitted to discussing herbal medicines with Ms. Constand (id. at
33-36).
Defendant further stated that he gave Ms. Constand one -and -a -half blue
Benadryl pills on the night of the incident, and told her to take them (id. at 46,
12 48, 54). He said to her, "[y]our friends, I have three friends for you to make you relax" (id. at 48-49). Like he told the detectives, he testified that he takes two
Benadryl pills at a time. He stated that he uses two different types of Benadryl pills-"straight Benadryl" pills, which are white, and Benadryl pills with an added decongestant, which are white and blue. He again stated that he uses Benadryl when he travels so that he can adjust his sleep pattern for the time zone changes (id. at 46-48). He further stated that because of his own use of
Benadryl, he gave Ms. Constand one -and -a -half pills "because Andrea is about the same size I am, not weight, former athlete. I take two" (id. at 55). Defendant stated that it helps him relax and sleep when he takes two pills. He then immediately claimed, however, that if he does not want to go to sleep, the
Benadryl will not make him go to sleep (id. at 55-56). Defendant also admitted to having access to, and knowledge of, prescription drugs that induce unconsciousness. He specifically discussed Quaaludes, another central nervous system depressant, and stated that he obtained multiple prescriptions for them (N.T. Trial by Jury, 4/18/18, at 40-
41). He further admitted that he obtained the prescriptions without intending to use the pills himself, but instead "for young women [he] wanted to have sex with" (id. at 35, 40-41, 47, 49-50). He explained, "[w]hat was happening at that time was that that was - Quaaludes happen to be the drug that kids, young people, were using to party with and there were times when I wanted to have them just in case" (id. at 44).
He talked about the effect the Quaaludes had on one particular woman;
13 he said "[s]he became, in those days, what was called high" (id. at 36). When asked to clarify further, defendant said she was unsteady and "[w]alking like
[she] had too much to drink" (id. at 37).
He further stated that a doctor prescribed him the Quaaludes for back pain, but he never took them because they made him sleepy. When asked how he would know the drug made him sleepy, defendant responded, "Quaaludes happen to be a depressant. I have had surgery and while being given pills that block the nervous system, in particular the areas of muscle, the back, I found that I get sleepy and I want to stay awake" (id. at 41-43). Finally, defendant stated that he believed at the time that it was illegal for him to dispense the drugs (id. at 42). c. Defendant's Actions After Ms. Constand's Disclosure Defendant, in recalling the initial conversation with Gianna Constand following her daughter's disclosure, said he was "thinking and praying that nobody's recording me" (id. at 62). He admitted that he told Gianna Constand that he digitally penetrated her daughter, and he apologized, twice, "because
I'm thinking this is a dirty old man with a young girl" (id. at 66). He admitted, however, that he did not tell her that the pills her gave her daughter were
Benadryl (id. at 61-62). Defendant further testified during his deposition that after this phone call, he called the Constands back with the offer to pay for Ms. Constand to go to graduate school. He stated that he did so because of his concerns that they may try to embarrass or extort him. Even though he indicated that he had an
14 educational foundation, he said that the money for Ms. Constand would not come from that, but rather would come from his family writing a check. He made clear that it would be a secret (id. at 79-83). He stated, "my wife would not know it was because Andrea and I had sex and that Andrea was now very, very upset and that she decided that she would like to go to school or whatever it is" (id. at 83). Defendant had never set up this type of "educational trust" outside of his educational foundation before offering it to Ms. Constand (id. at
83-84). Defendant maintained that he did not think the Constands were looking for money from him in exchange for not reporting the assault; nonetheless, he still offered to pay for Ms. Constand's education after she disclosed to her mother that he assaulted her. Defendant also made it clear that he knew that there would be a financial consequence to him if any of this became public (id. at 73-74, 77). 6. Prior Uncharged Offenses a. Heidi Thomas
Heidi Thomas worked as an actress and model after graduating from college. Her agent informed her that an icon in the entertainment industry wanted to mentor promising young talent. Ms. Thomas was told to call a "Mr.
C" to set up a meeting; "Mr. C" would then call her back to set up one-on-one acting coaching. She soon learned that "Mr. C" was defendant. When he called her back, he spoke not only with her, but also with her parents. He invited her
to Reno, Nevada for acting lessons; he told her that she was highly
15 recommended by her agent, and he was looking forward to giving back to the industry that had given him so much (N.T. Testimony of Heidi Thomas,
4/10/18, at 5-7, 18-21).
Ms. Thomas took defendant up on his offer; her agency made travel arrangements. The plan was for her to stay at Harrah's in Reno, where defendant would be performing. Her agency was to pay for her flight and hotel room (id. at 21-25).
When she arrived at the Reno airport, a car arranged by defendant was waiting for her. The driver did not take her to the hotel where she thought she would be staying; instead, he took her to a ranch house outside of Reno. The driver told her that the acting coaching would be taking place at the residence
(id. at 28).
Defendant greeted Ms. Thomas at the door, and the driver brought her bags inside. Defendant told the driver to show Ms. Thomas to her room. He told her to change into something more comfortable and then return to do a monologue. At this point, Ms. Thomas learned for the first time that she would be staying at the ranch house as opposed to the Harrah's hotel, like she had previously thought (id. at 28-29).
When Ms. Thomas returned from her room, she was alone with defendant. She read her monologue for defendant, but he wanted her to read a different script. In that script, Ms. Thomas was to play an intoxicated person.
When she finished the script, defendant did not appear to be impressed by her performance. He asked her if she had ever been drunk. When she told him
16 she had not, he asked her how she expected to play the part of an intoxicated person if she had never been drunk herself. Defendant then got her a glass of white wine; he told her to use it as a prop and sip on it and try to relax (id. at
30-33).
Ms. Thomas took just one sip of the wine and immediately became incapacitated. She explained that things were "not even fuzzy[; t]hey're just not there" (id. at 33-34). She has little recollection of anything that transpired over the course of the next several days after taking a sip of the wine. Instead, she has mere periodic "snapshots" of those days. She explained, "There's just nothing. There's this blank until there's a picture. And then there's just blank, and then there's another picture" (id. at 34).
In one of those snapshots, Ms. Thomas was waking up on a bed, feeling sick and wondering how she got there. Defendant was forcing himself in her mouth. In another snapshot, she was in bed with defendant, her head at the foot of the bed and his head at the top of the bed, and defendant was saying,
"your friend is going to come again" (id. at 35-36). She then remembers waking up-she assumed it was the next morning-shaking and feeling sick (id. at 36-
37).
Ms. Thomas returned home a few days later, though she has no recollection of going to the airport, no recollection of the plane ride, and no recollection of meeting her parents at the airport (id. at 42).
17 b. Chelan Lasha
Chelan Lasha met defendant when she was a senior in high school and working as a model. A family member who worked at a production company affiliated with defendant arranged for him to call Ms. Lasha for the purpose of assisting her in pursuing her modeling and acting career. Defendant called
Ms. Lasha's residence; he spoke first to her grandmother and then to her. On another occasion, defendant visited her home and her grandmother cooked for him. After this first meeting, Ms. Lasha sent modeling shots to defendant through his production company, and she spoke with him several times on the telephone (N.T. Trial by Jury, 4/11/18, at 54-60).
When she was just 17 years old, defendant asked her to meet him in the
Elvis Presley Suite at the Las Vegas Hilton to discuss her modeling career. He told her that someone from the Ford Agency was going to be there to take pictures of her. He also told her about a new character that would be
appearing on The Cosby Show, implying that this might be an opportunity for her (id. at 63-64, 81-82).
As requested, Ms. Lasha went to the Elvis Presley Suite to meet defendant. She was suffering from a head cold at the time; she was repeatedly
blowing her nose. When she arrived at the room, someone came and took
photographs of her; another person came in and provided stress and relaxation
therapy. Both people eventually left the room (id. at 64-65). When they were alone in the room, defendant gave Ms. Lasha a little blue
pill. He told her it was an antihistamine that would help with her cold. He
18 encouraged her to take the pill, along with a shot of amaretto he provided. She took the pill and the shot because [she] trusted him. Defendant then gave her another shot of amaretto (id. at 65-66).
Defendant sat behind Ms. Lasha on the couch and began rubbing her shoulder. She began to feel "woozy"; when she got up, she could barely move.
Defendant helped her to the bedroom, where he laid her down on the bed. She could no longer move at this point. Defendant laid next to her, pinching her breasts and humping her leg. She felt something warm on her leg. The next thing she remembers is waking up, wearing only a robe, to defendant clapping his hands, telling her, "Daddy says wake up" (id. at 66-67).
Ms. Lasha continues to have nightmares because of what defendant did to her as a teenager. As she told this Court, "I was a good girl and [defendant] took it all away from me" (id. at 70, 156). c. Janice Baker -Kinney Janice Baker -Kinney met defendant when she was a 24 -year -old bartender at Harrah's Casino in Reno, Nevada. One of her co-workers asked if she wanted to accompany her to a party defendant was throwing at the house where he was staying. Ms. Baker -Kinney accepted the invitation (id. at 164-
167).
When she arrived at the party, she thought there would be a large group of people. Instead, there were only two other people at the house-her coworker and defendant. Ms. Baker -Kinney, nonetheless, remained at the house. Defendant gave her a beer and offered her a pill. He then gave her a
19 second pill. He told her it would be okay to take the two pills. Ms. Baker -
Kinney trusted defendant. She thought, "[w]ell, if Bill Cosby says it's okay, it must be all right to take these" (id. at 167-172). She swallowed both pills (id. at 172-173).
After taking the pills, she began to play backgammon. Shortly after the game started, however, she began feeling dizzy, her vision was blurry, and her head was spinning. She eventually "face -planted" into the game board and passed out (id. at 173-174).
Ms. Baker-Kinney's next memory is being on a couch in another room and hearing her co-worker saying goodbye to defendant. When she opened her eyes and propped herself up on her elbow, she realized that her shirt was unbuttoned and her pants were unzipped, though she has no recollection of how her clothing became undone. Defendant then came over to the couch and sat behind her. He propped her up by leaning her back onto his chest. He put his hand underneath her shirt and fondled her breasts and then moved his hand down towards her pants (id. at 175-176, 179). She was still feeling extremely woozy at this time; everything "was still swirling and blurry" (id. at
176). Defendant then helped her to an upstairs bedroom; she could not walk without assistance (id.).
Ms. Baker -Kinney has no memory of what happened in the bedroom until the following morning, when she woke up in bed with defendant, both of them naked. She felt "a sticky wetness" between her legs. While she has no memory of it, she felt like she had sex the night before. She quickly got
20 dressed and left, but not before defendant looked at her seriously and said,
"Now, this is just between you and me" (id. at 177-180).
Ms. Baker-Kinney continues to be affected by the assault. She still feels guilt, shame, and embarrassment. She explained to the jury, "I don't want to feel like anything that was done to me was my fault, but I can't ever get rid of that. I push it away, I don't think about it, but it's going to be in me forever"
(id. at 181-184).
d. Janice Dickinson
Janice Dickinson first met defendant when she was a 22 -year -old model working in New York City. Defendant contacted her modeling agency to arrange a meeting at his townhome in New York City, for the purpose of a potential mentorship. Her business manager accompanied her to the meeting; they discussed her singing and acting career (N.T. Testimony of Janice
Dickinson, 4/12/18, at 8-10).
Ms. Dickinson was on a modeling assignment in Bali, Indonesia, when she next heard from defendant. He telephoned her and offered her a plane ticket to meet him in Lake Tahoe to discuss her career. Ms. Dickinson accepted his invitation and went to Lake Tahoe. Upon her arrival, defendant arranged for her to practice her vocal range with his musical director on a sound stage. Defendant joined them, and the three of them later went to dinner at the hotel where they were staying (id. at 11-16).
While at dinner, Ms. Dickinson drank some red wine. She began getting menstrual cramps; when she mentioned the cramps, defendant gave her a
21 small, round blue pill. She took the pill and then began feeling dizzy and woozy. When they finished the meal, the musical director left and defendant told Ms. Dickinson that they would finish their conversation in his room. The pair went upstairs to his room (id. at 17-18).
When they got to the room, defendant changed into a bathrobe and was talking on the phone. Ms. Dickinson was sitting on the edge of his bed taking photographs. When she finished taking the pictures, she was feeling lightheaded and she could not speak. After defendant finished his phone call, he got on top of Ms. Dickinson, with his robe opened, and penetrated her vagina. Ms. Dickinson just laid there; she could not move. She passed out soon after defendant penetrated her, though not before feeling pain in her vaginal area (id. at 19-23).
The next thing Ms. Dickinson remembers is waking up the next morning in her own room, with no pajama bottoms on, feeling anal pain, and seeing semen between her legs (id. at 24).
Ms. Dickinson saw defendant the following day. She confronted him about what happened the night before; he did not respond. She felt anger, disgust, humiliation, and shame. She returned to work in Indonesia the following day. She did not go to the authorities for fear it would affect her work and cause her to lose some of her conservative clients. She wanted to include the assault in her memoir; however, her publisher would not allow it for fear of reprisal by defendant's legal team. Her publisher told her that defendant was powerful and could ruin her career (id. at 24-35).
22 e. Lise Lotte-Lublin
Lise Lotte-Lublin met defendant when she was a 23 -year -old model working in Las Vegas, Nevada. Her booking agent called her and told her that defendant wanted to meet her. She thought he was interested in helping her with her modeling career. At their first meeting, Ms. Lublin expected other models to be there, but she was the only model present. Defendant told her that he would send her photos to a modeling agency in New York (N.T. Trial by
Jury, 4/12/18, at 76-77).
After their initial meeting, defendant frequently called Ms. Lublin's home, oftentimes speaking to her mother. He ingratiated himself with her family; he arranged for her sister and brother-in-law to meet him in his dressing room at a venue where he was performing, and he took Ms. Lublin and her mother to a local college to run on the track. Ms. Lublin considered defendant to be a mentor and father figure (id. at 77-81).
Ms. Lublin's perception of defendant changed drastically the second time she met with him to discuss her career. Defendant invited her to his suite at the Hilton to talk to her. When she arrived, they began discussing acting and improvisation. Defendant poured her a shot of alcohol and told her to drink it; he told her it would help her relax. Ms. Lublin told him that she did not drink alcohol. Defendant, once again, told her that it would help relax her for the improvisation. Ms. Lublin trusted defendant and took the drink (id. at 81-83).
Defendant then made her a second drink and told her to drink it. Once again, she accepted the drink because she trusted defendant. A few minutes
23 later, she began feeling dizzy and woozy, and she could not clearly hear what defendant was saying to her. Ms. Lublin felt like she could not even hold herself up at this point (id. at 83-84).
Defendant asked her to come and sit with him on the couch. As requested, she sat between his legs with her back to him. Defendant started to stroke her hair. She could hear him talking but could not make out anything that he was saying. Ms. Lublin did not understand what was happening. She did not know why he was touching her, but she could not do anything about it because she could not move. The next thing she remembers is walking down a hallway, but she has no recollection of how she went from siting on the couch with defendant stroking her hair to walking down the hallway. After that, she remembers nothing until she woke up at home two days later. She does not know how she got home (id. at 85-88).
III. ARGUMENT
This Court should impose a sentence of total confinement for 5 to 10 years, as that is the only sentence that accounts for the gravity of defendant's crime, the impact on the victim and the community, and his rehabilitative needs. The Commonwealth respectfully submits that a lesser sentence would be unjust, undeserved, and improper under the circumstances.
A. Legal Standards
A sentencing court is vested with broad authority to fashion whatever sentence it deems appropriate so long as the sentence is consistent with the protection of the public, the gravity of the offense as it relates to the impact on
24 the life of the victim and on the community, and the rehabilitative needs of the defendant. 42 Pa. C.S. § 9721(b). While the Court must consider the sentencing guidelines, it may deviate from them provided that it states its reasons for doing so on the record. Commonwealth v. Wells, 926 A.2d 957, 964
(Pa. 2007).
The Sentencing Code provides that the court "shall impose a sentence of total confinement if, having regard to the nature and circumstances of the crime and the history, character, and condition of the defendant, it is of the opinion that the total confinement of the defendant is necessary because:
(1) there is undue risk that during a period of probation or partial confinement the defendant will commit another crime; (2) the defendant is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or (3) a lesser sentence will depreciate the seriousness of the crime of the defendant.
42 Pa. C.S. § 9725.
The law permits this Court to consider uncharged criminal conduct at sentencing. "[T]he fact that a defendant is guilty of prior criminal conduct for which he escaped prosecution has long been an acceptable sentencing consideration." Commonwealth v. P.L.S., 894 A.2d 120, 130 (Pa. Super. 2006).
This maxim has been repeatedly applied over at least the past 38 years.
Commonwealth v. Shugars, 895 A.2d 1270 (Pa. Super. 2006); Commonwealth v.
Frank, 577 A.2d 609 (Pa. Super. 1990); Commonwealth v. Palmer, 462 A.2d 755
(Pa. Super. 1983); Commonwealth v. Vernille, 418 A.2d 713 (Pa. Super. 1980).
For example, in P.L.S., the Superior Court held that the sentencing court
25 properly considered uncharged allegations of sexual abuse. At the sexually violent predator hearing in that case, there was hearsay testimony that the appellant had admitted to sexually abusing two other children, but those crimes could not currently be prosecuted because the statute of limitations had expired. At sentencing, the court imposed a sentence above the guidelines.
One of the reasons it cited was the appellant's prior uncharged conduct relating to the two other children. On appeal, the appellant argued that the uncharged criminal conduct was an improper sentencing consideration. The
Superior Court rejected it, citing the long-established line of cases cited above.
Id., 894 A.2d at 131.
The panel in P.L.S. also observed as follows: "Not only does the caselaw authorize a sentencing court to consider unprosecuted criminal conduct, the sentencing guidelines essentially mandate such consideration when a prior record score inadequately reflects a defendant's criminal background." Id.
Specifically, the court explained, the sentencing guidelines provide that, when determining the adequacy of the prior record score, "the court may consider at sentencing prior convictions, juvenile adjudications or dispositions not counted in the calculation of the Prior Record Score, in addition to other factors
deemed appropriate by the court." Id. at 131, quoting 204 Pa. Code §
303.5(d). Finally, the Superior Court noted that such uncharged criminal
conduct may be considered at sentencing if there is a "necessary evidentiary link between the defendant and the uncharged prior conduct." Id. Under the circumstances here, total confinement is appropriate.
26 Anything less would create an undue risk of defendant committing another crime, prevent him from obtaining the institutional treatment he needs, and depreciate the seriousness of his crime.
B. Sentencing Guidelines Defendant's lead aggravated indecent assault conviction is a felony of the second degree, 18 Pa. C.S. § 3125(c)(1), which carries a maximum sentence of
10 years' incarceration and/or a $25,000 fine. 18 Pa. C.S. §§ 1103(2), 1101(2).
The offense gravity score is 10, 204 Pa. Code § 303.15; and with a prior record score of zero-calculated solely by prior convictions-the guideline ranges are as follows. The standard range is 22 to 36 months' incarceration, the aggravated range is 48 months' incarceration, and the mitigated range is 10 months' incarceration. 204 Pa. Code § 303.16(a). This prior record score, however, does not adequately reflect defendant's criminal history. As discussed above, a sentencing court may consider uncharged criminal conduct to accurately assess a defendant's prior record score. P.L.S., 894 A.2d at 131, 204 Pa. Code § 303.5(d). This Court heard from five previous victims at trial, discussed above, as well as one from the first trial,
Kelley Johnson. Disturbingly, there are yet many more women who suffered
similar fates at the hands of defendant. The Commonwealth intends to present
some of them at sentencing. A guideline range that would more appropriately reflect this criminal background, for example, is a prior record score of five.
The standard range is 60 to 72 months' incarceration, the aggravated range is
84 months' incarceration, and the mitigated range is 48 months' incarceration.
27 For further context, the standard range for a repeat felony offender is 72 to 84 months' incarceration, and the standard range for a repeat violent offender is
108 to 120 months' incarceration.
C. Nature, Circumstances, and Gravity of the Offense
Defendant was convicted of sexually assaulting Ms. Constand on a single occasion. But his plans leading up to that assault were months in the making.
He admitted that he had a "romantic interest" in her from the first time he met her. By "romantic interest" he meant "romance in tel. ills of steps that will lead to some kind of permission or no permission or how you go about getting to wherever you're going to end up" (N.T. Excerpted Testimony of James Reape,
4/17/18, at 24-25). In other words, he wanted to have a sexual relationship with her with or without her consent from the moment they met.
To accomplish his agenda, defendant befriended Ms. Constand under the false pretense of being a mentor and helping her further her career. He cultivated her trust. He invited her to dinners and shows so she could meet successful people in her field; he made her believe he genuinely cared for her and was looking out for her. At the time, defendant was a member of the board at the university where she worked, and a well-known, influential public figure.
Over the course of defendant's relationship with Ms. Constand, he made at least one sexual advance toward her, which she rebuffed. He then switched tactics. Unable to get to where he wanted to "end up" with her consent, defendant decided to use a central nervous system depressant-a type of drug he was, by his own admission, practiced in-to incapacitate her. He invited
28 her to his house under the pretense of discussing her career, coaxed her into taking pills he said would help her relax, and urged her to drink wine, which she did. As he planned, she quickly became incapacitated; she was unable to speak or move. Once she was in this state, defendant fondled her breasts, inserted his fingers into her vagina, and held her hand on his penis while he masturbated.
Defendant's crime was more than just a physical sexual assault. He violated Ms. Constand's trust, which, unbeknownst to her, he spent time and energy cultivating with the specific intent of having sexual contact with her.
He also abused his power. Defendant used his age, his stature at Temple
University, and, of course, his acting success and public persona to facilitate his drug -induced sexual assault. The totality of his crime was severe. His sentence should reflect that.
D. Victim Impact
Defendant's crime has had a lasting negative impact on Ms. Constand.
Indeed, it changed the trajectory of her life. Initially, after the assault, she was, like many victims of sexual assault-confused, ashamed, and plagued with self-doubt. Making matters worse, she still worked at Temple University and was required to maintain contact with defendant as part of her job. The sound of his voice over the phone "felt like a knife going through [her] guts." Victim
Impact Statement - Andrea Constand at 2.
Even after she left Temple and returned to her family in Toronto, she could not get thoughts of the assault out of her mind. She could not eat, sleep,
29 or socialize. She felt completely alone, unable to trust anyone. She began having nightmares about being assaulted. Even worse, she felt guilty, as if she, not defendant, was somehow to blame. Id.
Ms. Constand then had to relive the assault over and over, when she disclosed it to her mother and then to law enforcement. Eventually, she had to relive the assault several more times when she courageously testified before this Court, in a courtroom full of strangers, the media, and her abuser, at two separate trials. Moreover, Ms. Constand has suffered countless attacks on her character, both in the media and in the courtroom, which have taken an emotional toll on her as well.
The impact defendant's crime has had on Ms. Constand cannot be quantified but, undoubtedly, she will suffer the emotional effects of the assault for the rest of her life.
Indeed, this Court sat in a unique position by way of the sexual assault trials, having had the opportunity to see Ms. Constand testify more than a dozen years after the assault occurred. In those intervening years, Ms.
Constand has put forth extraordinary efforts to try and achieve peace and healing by engaging in therapy and other measures. While her efforts have no doubt helped her survive, the Court and all those present for both trials observed the deleterious effects sexual assault can have even years later. In particular, Ms. Constand displayed a visible, emotional trauma when she detailed the facts of the sexual assault. While there is little doubt that the sexual assault perpetrated against her by defendant does not define her, this
30 Court observed first-hand the devastating impact the assault still has on her to this day. As Ms. Constand expressed in her victim impact statement, "when the sexual assault happened, I was a young woman brimming with confidence and looking forward to the future bright with possibilities. Now almost 15 years later, I'm a middle-aged woman who's been stuck in a holding pattern for most of her adult life, unable to heal fully or to move forward." Id. at 3. Despite time and best efforts, the wounds defendant has inflicted persist.
E. Community Impact and Protection of the Public
The harm caused by defendant extends beyond Ms. Constand to the entire community. He accomplished his crime by exploiting his reputation as
"America's Dad." He abused his power as a successful, respected entertainer, and also as a superior within Temple University's organization, to earn his young victim's trust in order to sexually assault her. After the assault, he used his power and wealth to try and buy her silence. By exploiting his status in this way, he effectively silenced Ms. Constand, enabling him to escape justice for more than a decade. In essence, he "got away with it"; he was able to assault her, without the public's knowledge and without criminal consequence, until now.
The way defendant committed this crime-abusing his status, building trust, drugging and violating his victim, then keeping her quiet-also impacts the community by contributing to a chilling effect on the reporting of sexual assaults. See Commonwealth v. Ali, 149 A.3d 29, 37-38 (Pa. 2016) (holding that sentencing court may consider impact of crimes on community);
31 Commonwealth v. Roden, 730 A.2d 995, 998 (Pa. Super. 1999) (holding that court properly considered that babysitter's murdering of infant made many families in the community afraid to take their children to caregivers). It is well known that sexual assaults are underreported, and that survivors often face criticism and doubt when they do report (N.T. Testimony of Barbara
Ziv, M.D., 4/10/18, at 44 (noting that "the U.S. Bureau of Justice Statistics notes that [sexual assault] is the most underreported crime")). Indeed, the clear majority of sexual assault victims do not report the assault to police (id.).4
This is particularly true where, as here, the abuser is a celebrity or someone in a position of power relative to the victim.
Defendant is also a danger to the community with little hope of rehabilitation. Numerous women have accused him of various forms of sexual assault that allegedly occurred over many decades. A total of six of these women testified at his two trials that he exhibited the same pattern of behavior with them that he did with Ms. Constand. Each woman explained how he used his power and celebrity status to instill trust in her, drugged her by convincing her to take a pill and telling her it was safe, or putting an intoxicant in her drink, then sexually assaulted her while she was incapacitated. These assaults spanned decades and demonstrate an ingrained pattern of criminality. There is no indication that defendant's behavior will stop merely because he has been convicted. To the contrary, there are likely many people, including young women, who still view him as an icon despite his conviction. He thus still has
4 As Dr. Ziv testified at trial, only 5% to 30% of sexual assaults are reported to the police (N.T. Testimony of Barbara Ziv, M.D., 4/10/18, at 44).
32 the potential opportunity to victimize more women, and he remains a continuing danger to the public. The only way to ensure the safety of the community from his deeply -rooted proclivity to commit drug -induced sexual assaults is to incapacitate him with a maximum sentence of incarceration.
F. History, Character, and Rehabilitative Needs of the Defendant Although defendant does not have any prior criminal convictions, he has a long history of drugging and sexually assaulting young women in the exact same way that he drugged and assaulted Ms. Constand, as discussed above.
This Court heard from six of these women already-Kelley Johnson, Heidi
Thomas, Chelan Lasha, Janice Dickinson, Janice Baker -Kinney, and Lise-Lotte
Lublin-all of whom described conduct that was nearly identical to that which he exhibited with Ms. Constand. This Court may, and should, consider these other acts when assessing his history, character, and prospects for rehabilitation. See P.L.S., 894 A.2d at 132 (explaining that caselaw and sentencing guidelines permit consideration of uncharged criminal conduct).
Moreover, defendant has never accepted responsibility for his crime, nor has he shown any remorse. Quite the opposite, he tried to silence Ms.
Constand with money because he was concerned about his own potential financial harm if news of the assault became public. For example, he offered to pay for her graduate school after her mother confronted him about the assault.
He also paid her more than three million dollars to settle her lawsuit against him on the condition that she sign a non -disclosure agreement and agree to not initiate a criminal complaint against him.
33 When his attempts to silence Ms. Constand failed, he resorted to attacking her credibility and reputation at trial. In their closing arguments, defense counsel, who clearly spoke for defendant, described the victim as
"cavorting around with a married man old enough to be her grandfather. Not a good girl. Not a good girl" (N.T. Jury Trial, Closing Arguments, 4/24/18, at 24).
His other victims fared no better. With reference to Janice Dickinson, defense counsel stated, "it sounds as though she's slept with every single man on the planet" (id. at 29). Defense counsel called Lise-Lotte Lublin immoral, stating
"his being married, never a thought in her mind. Where is her morality?
Seriously, ladies and gentleman, where are her values? Where is a little personal responsibility?" (Id. at 28).5
And, of course, his expletive -laced outburst after the verdict underscored his recalcitrant, unapologetic refusal to accept responsibility (N.T. Jury Trial,
4/26/18, at 22).
Defendant has taken no responsibility for his crime, nor has he shown any remorse. He does not appear to care about Ms. Constand or any of his other victims; his paramount concern is, quite clearly, himself.
Given his history of sexually assaultive behavior, and his failure to take responsibility or show remorse for his assault of Ms. Constand, defendant is clearly in need of treatment and rehabilitation. For the same reasons, he poses a danger to society, particularly if he does not receive extensive, long-tei iii
5 Of course, arguments such as this one may cause the listener to wonder if it occurred to defendant that he was a married man.
34 counseling. The sex offender treatment program run by the Department of
Corrections will provide him with appropriate counseling while, at the same time, ensuring public safety by keeping him in a secure facility. A lengthy state prison sentence is the only appropriate punishment for his crime. WHEREFORE, the Commonwealth respectfully requests that this Court impose a sentence of 5 to 10 years' of state incarceration, a $25,000 fine, and costs of prosecution. This sentence accounts for the seriousness of the offense, its impact on the victim and community, defendant's sordid history of sexual assaults, and his refusal to accept responsibility for his crime.6
RESPECTFULLY SUBMITTED:
KEVIN R. STEELE DISTRICT ATTORNEY
6 There was a Psycho -Sexual Evaluation ordered by this Court. As noted in the PSI, defendant declined to participate in the evaluation; consequently, any sentence imposed by this Court should include an additional condition of parole from state prison that he participate in the evaluation and comply with recommendations.
35
Victim Impact Statement - Andrea Constand To truly understand the impact that sexual assault has had on my life, you have to understand the person that I was before it happened.
At the time of the assault, I was 30 years old, and a fit, confident athlete. I was strong, and skilled, with great reflexes, agility and speed. When I graduated from high school in Toronto, I was one of the top three female high school basketball players in Canada. Dozens of American colleges lined up to offer me basketball scholarships, and I chose the University of Arizona.
For four years, I was a shooting guard on the women's basketball team, scoring up to 30 points a game. It was an amazing time in my life, and I learned a lot, developed a circle of really good friends, many of them teammates, and travelled around the US to compete.
The only downside was that I missed my family, and developed severe homesickness. When it started to affect my studies and my training, my Dad came up with the idea to move his own father and mother to Tucson.
My grandparents were in their late 6os when they gamely agreed to move more than 2,000 miles to help me adjust to life away from home. They were retired after selling their Toronto restaurant business, and figured the warm, dry climate would suit them anyway. I had always enjoyed a special relationship with my grandparents. Not only had I grown up in their home, but I spoke Greek before I spoke English. They got an apartment close to mine, and I was there most days, talking and laughing over my favourite home -cooked meals. The homesickness quickly evaporated.
After I graduated from the University of Arizona with a degree in Communications, I signed a two-year contract to play professional basketball for Italy. Going pro took my athletic training to a whole new level. Once again, I thrived in the team atmosphere, and enjoyed travelling Europe although we rarely saw more than the basketball venues and the hotel rooms where we slept.
When my contract ended, my former coach from the University of Arizona encouraged me to apply for a job as Director of Operations for the women's basketball team at Temple University in Philadelphia. It was a busy, challenging position that required me to manage a lot of logistical details so that others could focus on training the team for competition. I also made all the travel arrangements and went to tournaments with the team and support staff.
It was a great job but after a few years, I knew I wanted to pursue a career in the healing arts, my other passion. I also wanted to work closer to home, where I would be reunited with my large, extended family, and many friends. tJ
I knew who I was and I liked who I was. I was at the top of my game, certain that the groundwork provided by my education and athletic training would stand me in good stead whatever challenges lay ahead.
How wrong I was. In fact, nothing could have prepared me for an evening of January 2004, when life as I knew it came to an abrupt halt.
I had just given my two -month notice at Temple when the man I had come to know as a mentor and friend drugged and sexually assaulted me. Instead of being able to run, jump and pretty much do anything I wanted physically, during the assault I was paralyzed and completely helpless. I could not move my arms or legs. I couldn't speak or even remain conscious. I was completely vulnerable, and powerless to protect myself.
After the assault, I wasn't sure what had actually happened but the pain spoke volumes. The shame was overwhelming. Self-doubt and confusion kept me from turning to my family or friends as I normally did. I felt completely alone, unable to trust anyone, including myself.
I made it through the next few weeks by focusing on work. The women's basketball team was in the middle of the Atlantic 10 tournament, and was travelling a lot. It was an extremely busy time for me, and the distraction helped take my mind off what had happened.
When the team wasn't on the road, however, I was in the basketball office at Temple, and was required to interact with Mr. Cosby, who was on the Board of Trustees. The sound of his voice over the phone felt like a knife going through my guts. The sight of the man who drugged and sexually assaulted me coming into the basketball office filled me with dread. I did everything my job required of me but kept my head down, counting the days until I could return to Canada. I trusted that once I left, things would get back to normal.
Instead, the pain and anguish came with me. At my parent's house, where I was staying until I got settled, I couldn't talk, eat, sleep or socialize. Instead of feeling less alone because I was back home with my family, I felt more isolated than ever. Instead of my legendary big appetite and "hollow leg"- a running joke in my family- I picked at my food, looking more like a scarecrow with each passing week. I was always a sound sleeper but now I couldn't sleep for more than two or three hours. I felt exhausted all the time.
I used the demands of my new courses to opt out of family gatherings and events, and to avoid going out with friends. As far as anyone could tell, I was pre -occupied with my studies. But the terrible truth about what had happened to me- at the hands of a man my family and friends admired and respected - was swirling around inside me. Then the nightmares started. I dreamed that another woman was being assaulted right in front of me and it was all my fault. In the dream, I was consumed with guilt, and pretty soon, that agonizing feeling spilled over into my waking hours too. I became more and more anxious that what had happened to me was going to happen to someone else. I grew terrified that it might already be too late, that the sexual assaults were continuing because I didn't speak out.
Then one morning I called my mother on the telephone to tell her what had happened to me. She had heard me cry out in my sleep. She wouldn't let me put her off, and insisted that I tell her what was wrong. She wouldn't settle for anything less than a complete and truthful explanation.
********************************** Reporting the assault to the Durham Regional police in Toronto only intensified the fear and pain, making me feel more vulnerable and ashamed than ever. When the Montgomery County District Attorney outside Philadelphia decided not to prosecute for lack of evidence, we were left with no sense of validation or justice. After we launched civil claims, the response from Mr Cosby's legal team was swift and furious. It was meant to frighten and intimidate and it worked.
The psychological, emotional and financial bullying included a slander campaign in the media that left my entire family reeling in shock and disbelief. Instead of being praised as a straight -shooter, I was called a gold-digger, a con artist, and a pathological liar. My hard-working middle-class parents were accused of trying to get money from a rich and famous man.
At the deposition during the civil trial, I had to relive every moment of the sexual assault in horrifying detail in front of Mr Cosby and his lawyers. I felt traumatized all over again and was often in tears. I had to watch Cosby make jokes and attempt to degrade and diminish me, while his lawyers belittled and sneered at me. It deepened my sense of shame and helplessness, and at the end of each day, I left emotionally drained and exhausted.
When the case closed with a settlement, sealed testimony and a non -disclosure agreement, I thought that finally-finally-I could get on with my life, that this awful chapter in my life was over at last. These exact same feelings followed me throughout both criminal trials. The attacks on my character continued, spilling over outside the courtroom steps attempting to discredit me, and cast me in false light. These character assassinations have caused me to suffer insurmountable stress and anxiety. which I still experience today. I still didn't know that my sexual assault was just the tip of the iceberg.
Now, more than 6o other women have self -identified as sexual assault victims of Bill Cosby. We may never know the full extent of his double life as a sexual predator but his decades -long reign of terror as a serial rapist is over.
I have often asked myself why the burden of being the sole witness in two criminal trials had to fall to me. The pressure was enormous. I knew that how my testimony was perceived - that how I was perceived - would have an impact on every member of the jury and on the future mental and emotional well-being of every sexual assault victim who came before me. But I had to testify. It was the right thing to do, and I wanted to do the right thing, even if it was the most difficult thing I've ever done. When the first trial ended in a mistrial, I didn't hesitate to step up again. **************** I know now that I am one of the lucky ones. But still, when the sexual assault happened, I was a young woman brimming with confidence and looking forward to a future bright with possibilities. Now, almost is years later, I'm a middle-aged woman who's been stuck in a holding pattern for most of her adult life, unable to heal fully or to move forward.
Bill Cosby took my beautiful, healthy young spirit and crushed it. He robbed me of my health and vitality, my open nature, and my trust in myself and others.
I've never married and I have no partner. I live alone. My dogs are my constant companions, and the members of my immediate family are my closest friends.
My life revolves around my work as a therapeutic massage practitioner. Many of my clients need help reducing the effects of accumulated stress. But I've also trained in medical massage at Memorial Sloan-Kettering Cancer Center in New York, and often help cancer patients manage the side effects of chemotherapy and radiation. I help many others too-people with Parkinson's, arthritis, diabetes, and so on. Some of my clients are in their 9os. I help them cope with the ravages of old age, reducing stiffness, aches and pains.
I like my work. I like knowing that I can help relieve pain and suffering in others. I know that it helps heal me too.
I no longer play basketball but I try to stay fit. Mostly, I practice yoga and meditation, and when the weather is warm, I like to pedal my bike up long steep hills.
It all feels like a step in the right direction: away from a very dark and lonely place, toward the person I was before all this happened.
Instead of looking back, I am looking forward to looking forward. I want to get to the place where the person I was meant to be gets a second chance.
I know that I still have room to grow.
***********************
I would like to acknowledge some of the people who have helped me get here today. I will always be grateful for their counsel, friendship and support. First of all, my lawyers Dolores Troiani and Bebe Kivitz. These two smart, courageous women have been there for me since the beginning. Without them, I would never have been able to navigate this legal and emotional minefield.
I will also be eternally grateful to Kevin Steele, the District Attorney of Montgomery County, who had the guts to believe in me, in the truth, and for trusting that the justice system could get things right- even if the process had to be repeated.
I also want to thank Mr Steele's incredible team of professionals. including assistant district attorneys Kristen Feden and Stewart Ryan, detectives Richard Shchaffer, Mike Shade, Harry Hall, Jim Reape, Erin Slight, Kiersten McDonald, victims services, and many others, for their passion for justice, their skill, and their hard work and perseverance despite the odds.
Thank you to the jurors for their civic duty and great sacrifices.
Thank you to all of the friends, old and new, who have stood by me. You know who you are, and each and every one of you has made a huge difference. Please know that.
Last but not least, I want to thank my incredible family: my mother, Gianna, and my father, Andrew, my sister Diana, her husband Stuart, and their beautiful daughters - my nieces Andrea and Melanie. Thank you for proving over and over again that if there's one thing in life you can always count on, it's family. Mogel, Daniel
4§; From: Reape, James EXHIBIT Sent: Thursday, September 6, 2018 7:49 AM e..1.lienCIL13 To: Mogel, Daniel; Steele, Kevin
Subject Fwd: Andrew Constand VIS ffi
Statement from Andrea's father.
Sent from my iPhone
Begin forwarded message:
From: Gianna Constand
Hello my name is Andrew Constand, and I am the proudest man in the world to have Andrea as my daughter. As a young girl Andrea was an energetic, loyal, truthful ,competitive athletically, most lovable little girl. In 2005 when my daughter returned to Toronto from Philadelphia many aspects of her happy demeanour had changed. My wife who is a very intuitive woman, noticed, and felt that something was not right with our daughter. She seemed depressed, vulnerable, slow to react to questions, and answers, and had become detached to our family unit. After finding out about what my daughter suffered at the hands of Bill Cosby, I myself went through a deep transformation. Seeing what my wife, and daughter were going through compounded to an immense pain that most probably only a Father having been through this kind of a situation can comprehend. From that time to today little has changed in my being from the sadness I feel for my daughter, my wife, her sister Diana, and my two wonderful grandchildren. We live, and breathe Andreas discomforts every day. From the time of finding out about the incident,I began to take Ativan to help me sleep. I could not sleep, and think properly. It was a way of helping me forget the situation that was unfolding. Today, many years later I take double the medication to cope with the past. The thought of what happened to my daughter Andrea will always be with me like a dark cloud forever hanging over my head. I feel more vulnerable in every aspect of my life including playing golf my forever sport, which is a mental game. This incident caused changes in my life, personality, and character. I feel profound love, and compassion for our daughter. So many years of trauma she has gone through. Today she works as one of the most qualified massage and trauma therapist, lives alone with her two dogs. We support every aspect of her life, and encourage her to try and move into a safer space mentally, and physically. I hope to have expressed myself sincerely, and given you some idea of the pain, and suffering this event has caused us. Thank you to all who have supported, and believed in my daughter Andrea. I hope that the future will brighten for her, and relieve her and our family of some of our anxieties. Sincerely,
Andy Constand ,
Mogel, Daniel EXHIBIT
From: Reape, James Sent: 8 Wednesday, August 15, 2018 3:10 PM To: Mogel, Daniel Cc: Steele, Kevin Subject: FW: Personal and Confidential my Victim Impact Statement Gianna Constand
Dan,
This impact statement is from Gianna Constand the mother of Andrea. Gianna does not wish to participate in the sentencing hearing that has been scheduled. She only wished to have this read and considered by Judge O'Neill. Respectfully,
Jim Reape
----Original Message --- From: Gianna Constand [mailto:[email protected]] Sent: Wednesday, August 15, 2018 3:05 PM To: Reape, James Subject: Personal and Confidential my Victim Impact Statement Gianna Constand
Dear Judge O'Neill, Having to write this V1S , has probably been one of the hardest things I have ever had to do. As I write , thoughts on paper with and put my pen in hand, the nightmare I have been living as a Mother becomes all too realistic, once again. I and painful have decided, after having made so many attempts at completing this, and not being able to do it, that perhaps if I chose to keep it personal, and on a smaller scale, I that would do the right thing, and accomplish this task. In my life I have suffered two major traumatic events. One, the loss my of Father when I was 14 years old, and the other is the drugging, and sexual assault that my daughter Andrea endured in 2004 by Bill Cosby. We have always been a close knit family. I married young and had my first child Diana at 19, following her I had Andrea at 21 years old. I have two beautiful granddaughters , Andrea who is now 22 ancla registered nurse, and Melanie who is going into her third year of University this fall.i have been married to a man who has been an excellent and Grand Father. We will husband, Father, be married 50 years next September. We are both from European backgrounds. I am having immigrated to Canada Italian, with my family when I was 10 years old, and my husband is of Greek descent, and came Canada when he was 5 years old. to Andy and I raised out daughters to be respectful, kind, honest, loyal -and laving human beings. Although we were young, we invested all our time, and energy into making sure that they would chose the right path in The event that took life. place in 2004 , changed that path completely. As a Mother I was always actively involved in my daughters lives emotionally there for all their needs. When Andrea came back home from Temple University after resigning from her position something 2005 became a nightmare changed. for me. Not only was I listening to Andreas nightmares, but I own battles. suddenly started suffering my From the time my daughter opened up about the incident, our lives became one of a to an end. roller coaster ride that never came When it became public knowledge we had to battle with harassment from the media outlets tricking us with bringing flowers at out door, to parking their cars, and trucks outside our house for days on end, not even to go to work. In allowing us to be able this time period , I had some volatile communication with Bill Cosby that caused me to have a multitude of emotional, and physical ailments that are still with me so many years later. The only interactions, was that consoling part of our after he drained me with all his manipulations, lies, and deceit, on his behalf in our two and a half ,.. 1 hour conversation, when he realized that there was no winning, was that he decided to come and was willing to do anything to clean, admit, apologize, resolve this matter. By this time all too In 2006 late. when the matter was resolved a confidentiality agreement was reached by all husband and tin this agreement parties. Bill Cosby included my even though my daughter was an adult. talking about the The agreement basically barred me from incident with even family members, friends, or even a therapist that I so used. I deal badly to this day could have with my own trauma on a daily basisA loved my job, having worked' in the same years. I had 12 field of medicine for many years left to retirement, but had to quit realizing that I could not keep up with all the shame that had accumulated with this anxiety, fear, and incident around my fellow workers that had Regardless of the fact known me to be a different person. that that they supported me through this situation, I felt differently about in that time. I sacrificed years it my state of being at of my pension loss, to take care of my of her mental health.1 worry about my daughter, physical, and mental state of mind, live in fear and have realized that this event has pain, and sadness in changed, and contributed to so much my life. Bill Cosby sued me in 2016 further humiliating theSituation .i would like to lawsuit served no purpose at all, and add that this was dismissed by Judge Robreno. He me publicly. Because of furtherdid that to humiliate, and intimidate this issue, I felt that I no longer had any confidence, and patience and everyone else seem to left. My friends, my family, slowly disappear from my life. No one by Bill had ever knOwn'details that suddenly Cosby, his legal team, and the media. became exposed In 201546, I was diagnosed with 4 brain aneurysms, and Parkinson's. The with me. stress'af this whole situation had caught up Bill Cosby for years , through his lawyers, and the media used every powerful tool at his disposal to reputations, physical, and mental state of destroy our minds to protect, and shield his reputation. Not knowing all the facts at the time, I now know that he has basically lives. protected himself at the cost of ruining many I sacrificed many things through all the years, and Bill Cosby has never paid my husband and I any contrary to what many people think. punitive damages He wanted me to be included in this anyone the agreement for fear that I would have details of what had occurred. He felt very ever told intimated by my knowledge , and fear that the have been known about him. He wanted truth would ever everything done quickly. I daughters have never done anything to jeopardize my privacy, and respected this agreement. He has held this power overme, causing almost afraid to even speak. me to feel trapped , and This battle was about justice, and my daughter, &id our family feel we have vindicated, and I can only hope, and been pray that soon some sense of peace, The hardest part of andtfaitit'will be restored back into our family. this journey for me, has been the struggle to associate to the word "JUSTICE". The " UNRAPED, all we can do is hold victims cannot be the perpetrators accountable. In the can justice systern unfortunately I be unraped. But I hope that the battle to witnessed that you hold those accountable will get stronger, and for its victims. The vindication cause less pain, and suffering we received also came with a lot ofsuffering for riti'e. I learned my daughters settlement amount after all these years what was , via the media , and newspaper access to this articles-. Her Father was the only person that information. I felt that should this information had have ever been known I such was my fear of the could have been held responsible, agreement that I was bound to by My him. husband and I live a very modest lifestyle, but since that was revealed, differently. our friends and family have assumed I don't believe that had any bearing on the outcome of the trial, and the tactics that caused further damage were used by Bill Cosbys lawyer to to our reputation, and well being. I do not think it is necessary that my victim impact statement be shared with the has been a very public, or media in the courtroom. This difficult situation for me, and I have lost the ability to trust, or Share my believe in my feelings with anyone. I do not heart, that Bill Cosby has ever cared, or even considered the pain; and suffering this or the family as a unit. He was mess has cause me, correct when he told I me" am a sick man", I would the Montgomery County like to take this opportunity to thank of Pennsylvania, Kevin Steele, the Prosecutors, the detectives, and most of all the believing in my daughter Andrea, and her truth. jurors for Thank you Judge O'Neill for your understanding and allowing me to reveal theirripact this case has caused on me. Sincerely,
Gianna Constand
2 $EXHIBIT 125 Your Honor,
My Sister Andrea Constand:
My name is Diana Parsons. I am Andrea's older sister. I am married to Stuart Parsons, a Detective with the Toronto Police Services, and we have two daughters, Andrea 22 years of age and Melanie 20 years of age.
Andrea and I are fortunate to have two loving, amazing, supportive parents. Not only are they this way with us, but with my daughters as well. There are no words to describe the feeling of knowing you can go to your parents with your deepest secret and receive understanding and support always. Don't get me wrong, we surely gave them a run for their money as teenagers, but boy was a lesson always learned. They instilled values and morals in us at very young ages, and I am proud that each and every day I am thankful to demonstrate and teach my daughters and others the same.
Growing up with my sister Andrea was always entertaining. She was full of energy and had such a sweet personality, but more importantly had an unbelievable zest for life. Having a confident sister around was amazing. She was easy going and incredibly laid back. There was no such thing as sibling rivalry in our household, it was simple....she loved anything that had a ball attached to it and was not remotely interested in my dolls and barbies.
When Andrea was in high school and as she matured into a young woman I would describe her as an
honest, strong, hardworking, compassionate and incredibly funny woman. I remember when Andrea
moved home from Philadelphia I was so excited to have my sister close to our family again. I was looking forward to my crazy adventurous sister chasing my lithe girls around pretending to be Cruella Devilla...l was looking forward to our sister bonding shopping days (which always scared my husband), and most importantly Andrea would again be part of our traditional Italian Sunday dinners ..:.where as a family the
bonds we formed were magnificent. Instead, I observed a frail, timid, nervous, weak and reclusive
sister. There were always excuses with her..."Di, I can't come on the hike with you and the girls, I have to
study", Di, I can't go shopping I have a headache", and the excuses for Sunday night dinners were to call
her out of her room when dinner was being served. Initially, I blamed this on Andrea moving back home
after many years and perhaps being out of sorts. When I was made aware of what happened to Andrea I
was shocked and felt helpless for her. I have always been a very independent individual. With my
husband being a detective his hours were very scattered, and I was working full time and bringing up
two daughters. There were challenges but I was extremely lucky to have my parents provide me with extra support. The biggest challenge for me ever in my life was being a part of Andrea's life from the moment she told our mother what happened to her. The impact of this event will never go away, and as
much as our family is a tight family unit, I am very aware of the challenges that we have been through and will continue to be a part of.
I have a distasteful feeling with certain people who have said the most repulsive things ever about my
mother and sister. I myself, and our family and friends know these statements are not true; however, it is very difficult to read nonsense that has nothing to do with my sister being drugged and sexually assaulted. I am extremely thankful for my husband who has been there for our family since day 1. He relieves many of my anxieties and fears over this event. Many people always ask me how Andrea is doing.
I always answer "She is doing fine thank -you". Immediately after I answer i ask myself" I wonder how she really is doing?
-How CAN she handle being called a pathological liar?
-How CAN she handle being called a con -artist?
-How CAN she handle being called a drug -addict?
-How CAN she handle all the negativity about her in the media?
-How CAN she handle being called a racist individual?
-How CAN she handle being called a gold digger?
-How CAN she handle hearing that she pulled off her plan?
-How DID she handle the extreme pressures of the constant bullying and lashing out from the defense lawyers inside and outside the courtroom?
-How DID she have the courage to come forward and tell our mother what happened to her?
-How WILL she ever learn to trust again?
And after everything she has been through and will endure for the rest of her life, she still walks around with a bright smile and positive attitude. For me, I know why she is like this. She was asked to come to Montgomery County for one duty only....to tell the truth. And she did.
There is one person who has helped me through my darkest days and still does today. She knows when I need to be pulled out of a dark hole, without me saying a word. We don't exchange words. She intuitively just sees where I am at. She just says to me Di, i feel you need a massage, or let's do some meditating together. This person is my sister Andrea Constand...and she is my HERO.
Thank you to those who believe in and support my sister Andrea Constand.
-Diana Parsons