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.
TRIAL BY JURY
Courtroom A Monday, April 9, 2018 Commencing at 9:09 a.m.
Virginia M. Womelsdorf, RPR Official Court Reporter Montgomery County Courthouse Norristown, Pennsylvania
- - -
BEFORE: THE HONORABLE STEVEN T. O'NEILL, JUDGE
AND A JURY COUNSEL APPEARED AS FOLLOWS:
KEVIN R. STEELE, ESQUIRE District Attorney M. STEWART RYAN, ESQUIRE KRISTEN GIBBONS-FEDEN, ESQUIRE Assistant District Attorneys for the Commonwealth
LANE L. VINES, ESQUIRE THOMAS A. MESEREAU, JR., ESQUIRE KATHLEEN BLISS, ESQUIRE JASON HICKS, ESQUIRE BECKY S. JAMES, ESQUIRE RACHAEL ROBINSON, ESQUIRE JAYA GUPTA, ESQUIRE for the Defendant
ALSO PRESENT:
JONATHAN PERRONE, Computer Operations Supervisor Montgomery County District Attorney's Office 3 INDEX
Page
Opening Statement By Mr. Steele 219
- - - 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 4
2 (The following proceedings were 410 3 commenced in chambers with the Court,
4 Mr. Steele, Mr. Ryan, Ms. Gibbons-Feden,
5 Mr. Vines, Mr. Mesereau, Ms. Bliss, Ms.
James, and the defendant being present:)
7
8 THE COURT: So with everything that
9 occurred over the weekend, hopefully at least we've
10 discerned the process I'd like to follow.
11 Now, I think we can literally start
12 that, you know, if you have these essentially
13 preliminary witnesses. They're witnesses -- I mean, if
14 we know that Potential Juror Number 9 is here, then --
15 does the Commonwealth have any contest after everything
16 that they've put in in their supplement and
17 Mr. Mesereau's letter that at least, you know, the call
18 coming in, whatever the photographs, that at least --
19 we don't need to start with that to have a condition
20 precedent to put 9 on.
21 If Potential Juror Number 9 is here and
22 is prepared to testify to what they've put in their
23 declaration, then we can get to that in the in -camera
24 hearing. And that's how I would have probably
25 preferred to do it in the first place, say Hey, we 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 5
2 think we have a problem with Number 9, get Number 9 in
3 here and let's just focus on 9.
But if you're saying that, you know,
5 that there's something that you need to hear from these
6 other witnesses, I appreciate you flew them in, but
7 it's like anything else. We don't know how it would
8 turn out. We don't know what would happen.
9 My concerns on Friday were like, Eek,
10 it's a motion. You got to prove things. You got to
11 have full testimony. But in the end we're simply
12 looking to see did 11 say to 9 what you said she said
13 to your people which is just hearsay. She said.
14 So how's the Commonwealth feel about
15 this without going into too much detail?
16 MR. STEELE: And I won't. Your Honor,
17 we didn't respond to the motion. This is their motion
18 and, as you indicated, they have a burden of at least
19 going forward on something based upon how this was
20 done. I sent a case --
21 THE COURT: I see it.
22 MR. STEELE: -- last night which, you
23 know, I'm trying to keep this in the vein that it is.
24 You know, whether -- and it may be getting to the end
25 on this. Whether he said it or not may not be of issue 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 6
2 because, number one, they took somebody who said they
3 had an opinion. If he hasn't -- if he doesn't have a
4 fixed opinion, well, then this is over and we move
5 through. And so --
6 THE COURT: I'm just asking -- you're
7 making your argument.
8 MR. STEELE: Well, I don't need to.
9 THE COURT: I'm asking about -- the
10 point of it is I am going to inquire of Potential Juror
11 Number 9. Then if she says what's in her declaration
12 under oath, then I would inquire of Juror Number 11 and
13 get his under oath testimony. 410 14 Then depending on where we are at that
15 stage, I either need to use 9, 10 and 12 as
16 did -they -hear -it witnesses before I get to them as if
17 you heard it, did it affect your ability to be.
18 So I still need to get to the process.
19 I mean, there's no reason to say that she didn't say it
20 if she's willing to be here, put a declaration out and
21 put it. Then we'll get to the argument.
22 MR. STEELE: Okay. Well, no, I think
23 that presents a different issue.
24 THE COURT: What? 0 25 MR. STEELE: If you're going to bring 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 7
2 her in and she's going to say these things, well, then
3 I get to cross-examine her.
4 THE COURT: Well, I'd prefer you just
5 tell me what you need to ask her. I mean, again, I
6 guess it's in a motion form and she is not a seated
7 juror. I mean, that was what I wanted to avoid was
8 you, you know, the defense having to stand for the
9 juror.
10 MR. STEELE: The defense has already
11 stood for them. They've met with her. They've
12 indicated all these things.
13 THE COURT: Mr. Steele, this has all
411 14 been said while we all should have been preparing for a
15 case over the weekend. I've expressed how I feel.
16 Okay? I'm just saying I don't know if that's -- I'm
17 still trying to avoid and keep it to the way the Court
18 would have done it, which is simply bring her back in
19 an in -camera hearing, let me ask her the questions.
20 You know, cross-examination -- you know,
21 I don't know if it needs to get all the way over to
22 like did you make this phone call, what time did you
23 make this phone call? You know, again, we cannot -
24 you don't have any cases to say the way in which they
411 25 did it was against a rule. It was just, you know, how 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 8
2 I would have liked to have kept it a little closer.
3 Why do you have to cross-examine?
4 MR. STEELE: Because they're presenting
5 a witness that they have a burden on and, you know, and
6 I get to question that witness in regard to, you know,
7 how this happened and whether --
8 THE COURT: Whether 11 said it.
9 MR. STEELE: And whether.
10 THE COURT: Whether 11 said it. That's
11 all we're doing here.
12 MR. STEELE: No, but that's a
13 credibility determination.
14 MR. MESEREAU: Your Honor, if he's going
15 to cross-examine her, it should be in open court.
16 THE COURT: I hear you. Do you want to
17 do that, everybody?
18 MR. MESEREAU: I think he should
19 cross-examine her in open court. If he wants to
20 cross-examine her like that, she's here. She's here
21 with counsel. Let him do it in open court.
22 THE COURT: I just really -- I mean,
23 getting to the fact that she would say this is what --
24 you know, because I was the only one that at least had
25 a view of how they were in that room. I mean, I would 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 9
2 come in occasionally --
3 MR. STEELE: I don't know those
4 circumstances.
5 THE COURT: I hear you. But the two
6 times I came in, you know, they were to say Hang in
with us. We're getting there. And I remember where
8 she was sitting. I had no recollection of where 11 was
9 sitting.
10 But I at least -- in talking to her,
11 I'll say Hi, remember me, I came in a couple times,
12 just like I'd ask her when was it said and, you know,
13 who do you remember being in there.
411 14 But, I mean, I guess at this stage both
15 parties want to question it. If you want to go ahead
16 and just take over, I was hoping we didn't have to do
17 this. But if you're insisting on your right to
18 cross-examine somebody that at least you brought to the
19 attention, then we can do it in open court.
20 MR. STEELE: Look, this is the way I
21 started out. And I'm not making argument on this at
22 this point. But, you know, to me, the analysis is much
23 simpler, you know. Can this juror be fair and
24 impartial no matter what was said in whatever
25 circumstances. And I think that case shows that -- 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 10
2 THE COURT: I'm not sure I agree with
3 that.
4 MR. STEELE: -- shows that we can do
5 that.
6 THE COURT: I'm not sure I agree with
7 that right now. I'm not sure. I can't take a 1987
8 case that came up on a PCRA and say that we could
9 rehabilitate a juror such as this.
10 If he said it, he said it. And he said
11 it at a time when no one was watching which is the most
12 important time. If this woman says he said it, then
13 I'm not going to preview it, but, you know, these are
411/ 14 the ones that when they come out and they talk to us,
15 they go (indicating).
16 He may very well -- if he said it --
17 she, I think, believes -- references something he might
18 have been kidding. There's no qualifier for kidding.
19 It's bomb -on -a -plane stuff.
20 MR. STEELE: Well, I think the case goes
21 to that.
22 THE COURT: That case, to me -- I'll say
23 it again -- is a PCRA case from 1987. I get the case.
24 And we'll deal with it along the line. I'll deal with
25 it regarding his position, but then I'll make my 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 11
2 decision on -- but everything has to start with did he
3 say it, did she hear it, did the other three hear it,
4 did it then -- you know, the other three become fact
5 witnesses before they become effect witnesses.
6 They just do, because if she says he
7 said it and he says I didn't say it, then the question
8 is -- I've got to go to the next three. I've got to
9 ask them did you hear this. There's no other way
10 around it
11 MR. MESEREAU: You know, Your Honor,
12 maybe the Court's correct. Maybe it all should be done
13 in here.
411 14 THE COURT: Not in here. We would do it
15 in -- we'd go back to the scene -- excuse me -- of the
16 issue because it's the only closest place that we can
17 all sit down in and have her in there. So it may
18 actually be helpful to have it in a place --
19 MR. RYAN: Is that not the overflow room
20 in there? Are there not people in there?
21 THE COURT: Not Courtroom C. Courtroom
22 C's jury room. Now, I'd have to have everybody -- I
23 mean, in camera means exactly what it means. She's
24 here and everything is happening. The real question is
25 within the power of the Court to maintain the decorum 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 12
2 of the proceedings, to try to maintain the
3 confidentiality that, you know, the hopes are the
4 remaining jurors are not.
5 But if we ever got to the place to where
6 we had to go back in and pick more jurors, you know, I
7 would believe that I'd have the power under an
8 in -camera that they have the right to the proceedings
9 at some time, but for the Court to be able to at least
10 try not to have these issues out in the public domain
11 under testimony. If we put it out there, it becomes
12 theater.
13 MR. STEELE: Agreed. 411 14 THE COURT: And I just am not
15 comfortable doing that right now, but each party has a
16 right to be heard on that. You would need Mr. Cosby's,
17 you know -- I guess I'd have to, you know, go out and
18 tell everybody that's there that this is a -- the Court
19 has made a decision to do it in camera because it
20 involves a juror, selected juror, and put my reasons on
21 the record.
22 You'd have to ask your client do you
23 have any objection to it being in camera, meaning
24 there's a record of it, your counsel is there, but it's
25 just at this stage in an attempt to keep a fair and 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 13
2 impartial jury without getting anything out in the
press and let the press know that it will be released.
4 It's just at this stage we're trying not to get too
5 bogged down in the theater of the courtroom.
6 MS. BLISS: Your Honor, just to alert
7 you, she -- Prospective Juror 9 did -- she's here and
8 she did bring an attorney with her.
9 THE COURT: He can come in.
10 MS. BLISS: So we need to factor that
11 in.
12 THE COURT: Who is it?
13 MR. RYAN: It's Jason Donoghue. I spoke
411 14 to him. He represented to me that he was her counsel.
15 THE COURT: Wonderful.
16 MS. BLISS: And then should we get to
17 the point of Commonwealth seeking to cross-examine her,
18 things of that nature, then we have my employee and
19 then an investigator I'd use.
20 THE COURT: I got you. So that was the
21 only reason why, for purposes of this, to put them back
22 in terms of -
23 MS. BLISS: Sure. I think it's the
24 right thing.
411 25 THE COURT: Meaning I would take -- does 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 14
2 the Commonwealth have any reason to believe, you know,
or disbelieve at least what the investigator -- but
4 both of them at best is hearsay.
5 A voicemail starts something. Whether
6 the voicemail is here or not probably is not going to
7 be determinative. If the secretary or your assistant
8 calls, you know, that's not going to be determinative.
9 It may be for consistency.
10 MS. BLISS: Well, and effect on the
11 listener, Your Honor, if they're going to attack her
12 credibility.
13 THE COURT: Whose?
411 14 MS. BLISS: The Commonwealth.
15 THE COURT: You mean Number 9?
16 MS. BLISS: Yes. If they're going to
17 attack her credibility, which I suspect they will, then
18 of course her prompt response --
19 THE COURT: No, no. I agree with you.
20 I'm all over that.
21 MS. BLISS: It's not purely hearsay.
22 THE COURT: I got you.
23 MS. BLISS: There are statements.
24 THE COURT: If I started with them,
411 25 however, it would be hearsay. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 15
2 MS. BLISS: Sure. Your Honor, however,
3 I want to flag this for the Court. There were some
4 sealed issues or there were some things about the juror
5 that the Commonwealth based its Batson challenge on.
6 They're not convictions. They're not -- they wouldn't
7 be admissible in anyone's imagination.
8 THE COURT: Can you go off the record?
9
10 (Discussion off the record.)
11 - - -
12 THE COURT: Now put it on the record. I
13 was just asking off the record is that the -- you said 410 14 you tell Commonwealth has some information about 9 that
15 they had at the time of voir dire and the individual
16 voir dire and for which they may or may not have based
17 it.
18 My only question to you is, and you've
19 answered in the affirmative, did they give it to you?
20 MS. BLISS: No.
21 THE COURT: Did they let you know what
22 they had?
23 MR. MESEREAU: They showed us what they
24 had.
411 25 THE COURT: Okay. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 16
2 MS. BLISS: One thing. They didn't show
3 us the other.
4 MR. MESEREAU: They showed two things.
5 MS. BLISS: Okay.
6 THE COURT: All right. So you're aware
7 of it. I'm just trying to get in that this isn't
surprise that they have information. Now the question
9 is how do we use it. So he's saying it potentially
10 could be something he wishes to use in cross-examining
11 Number 9.
12 MR. STEELE: It goes to bias and
13 credibility.
14 MS. BLISS: Well, on one thing. And
15 I'll just tell you what we know. One is a pretrial
16 diversion that's extremely old, hardly admissible as a
17 basis for cross-examining anyone.
18 The other one is an open investigation,
19 source unknown, status unknown, nothing about it. And
20 so for them to attack her based upon that of which she
21 is certainly unaware, I would think, just would be
22 wholly improper.
23 MR. STEELE: Okay. Well, you're making
24 a lot of statements that you don't know about. You're
41, 25 totally conjecture -- 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 17
2 MS. BLISS: Especially --
3 THE COURT: Hold on.
4 MS. BLISS: Especially if they try to do
5 it in open court.
6 THE COURT: So you're the ones who said
7 they said open court. So I --
8 MS. BLISS: I didn't say open court.
9 They're the ones who want to cross-examine her.
10 MR. STEELE: I said open court.
11 THE COURT: I did hear Mr. Mesereau say
12 he thinks it should be in open.
13 MR. MESEREAU: But upon further
14 reflection, I think the Court is correct. It probably
15 doesn't have to be in open court.
16 THE COURT: All I'm trying to do is get
17 at -- you know, Number 9 is not going to be a seated
18 juror here.
19 MS. BLISS: Right.
20 THE COURT: Number 9 is only did she
21 hear something that I'm ultimately going to take a
22 two -stage proceeding. One, did 11 say it? Two, did
23 the other three hear it?
24 Now, if we need to get past that, then
25 we'd have to -- that was what I put -- the final 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 18
2 scenario is go summon the other seven that were in the
3 room or six that were in the room and ask did you hear
4 it just to determine whether, in fact, it happened.
5 So ultimately the return of that juror,
6 Potential Juror Number 9, to the record to then
determine the credibility that -- the Court has to make
8 some decision around credibility if we get to that
9 place, but what if 11 says I said it?
10 MR. STEELE: Right. And I think that's
11 the --
12 THE COURT: I'd like to get to that
13 before you're cross-examining her. 411 14 MR. STEELE: That's a little bit of the
15 dilemma here and I don't know the answer to that.
16 MR. MESEREAU: But, Your Honor, back to
17 what Ms. Bliss was saying, my understanding is -- and
18 Mr. Steele did show us two files. One appeared to be a
19 misdemeanor diversion resulting in no conviction. And
20 the other appeared to be an open investigation
21 resulting in no charge.
22 And what I think Ms. Bliss is saying is
23 that you don't impeach on a misdemeanor that ended up
24 in no conviction or impeach on an open investigation
25 that resulted in no charge. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 19
2 THE COURT: You don't impeach for
3 credibility, but if they're trying to establish that
4 there's something --
5 MR. STEELE: Your Honor --
6 THE COURT: I think I've said what I
7 want. Why can't we start with Number 9 in camera?
8 Everybody agrees to in camera?
9 MR. MESEREAU: Yes.
10 MS. BLISS: Yes, Your Honor.
11 THE COURT: Okay. If the development of
12 9 in combination with 11 brings 9's credibility back
13 into issue, then we're going to have to meet that
14 challenge and I'll take further testimony in court.
15 MS. BLISS: Sounds good.
16 THE COURT: But if she says what she
17 said in here, I heard it, it is then -- not to say that
18 there's any case law around this -- prima facie
19 evidence to go to 11 and say did you say it.
20 MS. BLISS: Exactly.
21 THE COURT: How about we work that?
22 It's kind of like a new standard we're going to set
23 under the law.
24 MS. BLISS: And I would submit to go to
410 25 the other jurors as well. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 20
2 THE COURT: Got to start with -- if 11
3 says Yeah, I said it, but I was kidding, end of inquiry
4 for me. Then I'll come back and we'll discuss it
5 without him there.
6 Then we'd get to he said he said it.
She said she heard it. Then before I do anything
8 else -- I don't need to talk to the other jurors yet
9 about whether they heard it and it affected them. I
10 need to make a move on 11. Wouldn't I?
11 MS. BLISS: Yes, Your Honor.
12 MR. STEELE: And if -- yes. And if I
13 may just respond to this stuff?
14 THE COURT: Is it going to be helpful?
15 MR. STEELE: It is because they're
16 making arguments to you on why this shouldn't come in.
17 It comes in for bias. It comes in for --
18 THE COURT: But I'm not there yet. I'm
19 not there yet. I'm not agreeing with them.
20 MR. STEELE: Well, they're making
21 statements. They're making statements that aren't
22 true, that they don't know about.
23 THE COURT: It's part of a proceeding
24 that we're not there yet. We're just trying to get the
25 basics of a unique, you know, procedural situation. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 21
2 I'm proposing in camera, What did you hear? As long as
3 it's consistent with her declaration. Okay? Then I
say, Thank you. We are going to recall you possibly.
5 That would give me prima facie to get 11
6 and do a simple inquiry of him, nothing further,
7 because I'm not interested at this stage whether he can
8 be fair and impartial. I need to make a factual. And
9 it needs to be done without, you know, affecting other
10 jurors in the process.
11 MR. STEELE: Okay. Agreed.
12 THE COURT: All right.
13 MR. STEELE: In terms of the questioning
4110 14 of her and this declaration that we're relying on, it
15 seems to me very suspect that she wrote that and
16 prepared this.
17 THE COURT: She probably did not. It
18 would not surprise me if she didn't type that one up.
19 MR. STEELE: And, you know, I think
20 that's -- that's part of the inquiry.
21 THE COURT: Well, is it?
22 MR. STEELE: Sure.
23 THE COURT: Again, it may be the part of
24 the inquiry. That's what we -- you know, that's what
25 we dealt with Friday. My concern was it's going to go 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 22
2 deeper. It will have to do with, you know, who stood
3 for a witness, who, you know, did the investigation. I
4 agree.
5 But if she comes in and just
6 establishes -- she shows up and under oath she says he
7 said what he said, you've got a prima facie to go to
8 11. I just don't know how you don't. If 11 says, I
9 didn't say it, well, then we have to return and then
10 these things do come in.
11 And I will make the final call on 9, 10
12 and 12 after everybody -- you know, then you put on, I
13 guess, your position that it was consistent. She made
14 a phone call. She -- she told a consistent story or at
15 least -- I can take the hearsay for what it's worth
16 from an investigator to say she said this to me.
17 Because I have a feeling -- I mean, I don't think
18 there's any secrets -- somebody else prepared that
19 statement and she signed it. She didn't type it out.
20 MR. MESEREAU: It was not prepared by
21 her. It was read to her sentence by sentence, word for
22 word, and she said that's all correct.
23 THE COURT: And she was present when she
24 signed it?
25 MR. MESEREAU: Yes. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 23
2 MS. BLISS: Of course. And she knew
3 about the criminal penalties.
4 THE COURT: She didn't have to be -- I
mean, she read it?
6 MR. MESEREAU: That's my understanding.
7 MS. BLISS: Absolutely.
8 THE COURT: Okay. Then we can probe
9 into that.
10 MR. STEELE: And was she told that if
11 she signed it, she wouldn't have to be here?
12 MS. BLISS: No, of course not.
13 MR. MESEREAU: No.
14 THE COURT: And the other question is
15 why wasn't she open to you --
16 MS. BLISS: I've never heard anything
17 like that. It's like the cops typing out stuff.
18 THE COURT: Stop. Why wasn't she open
19 to you?
20 MR. RYAN: What do you mean, "open"?
21 THE COURT: Call her up and bring her in
22 and talk to you.
23 MR. STEELE: We stayed away. This
24 was -- this is --
25 THE COURT: I know it is, but I'm 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 24
2 saying --
3 MR. STEELE: -- their witness that they
4 brought forward.
5 THE COURT: Sometimes, you know --
6 MR. RYAN: It was our position over the
7 weekend based on Your Honor's calls on Friday that it
8 would probably be best to leave it.
9 THE COURT: I probably would have done
10 the same thing at this stage, but the minute you
11 learned of it, there was nothing barring you. If you
12 would come in and say Hey, we did try to talk to her
13 and she told me to pound sand, that would be an element
14 that I'd want to hear, too, but you didn't try it. And
15 I appreciate you understanding the gravity of it and
16 probably staying away at this stage was a good idea.
17 MR. RYAN: Just one question. You're
18 going to be handling all the questioning?
19 THE COURT: I am -- at the first part of
20 it, I am going to take her written declaration. I'm
21 going to put her under oath. I'm going to ask her if
22 now that she's under oath, is that declaration true and
23 correct to the best of her knowledge, information. And
24 then I'll ask her questions from the declaration.
25 That's all. That's all I got. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 25
2 And I will take it from there. And I'll
3 say thank you. I will have her step back to wherever
4 she is. You know, I don't want her going out. And
5 then I'll reconvene with counsel still in camera saying
6 I think there's prima facie at least at this stage to
7 talk to 11. I'll get to 11. And maybe we can get
8 through this thing without --
9 MR. STEELE: Can I ask just one
10 procedural question?
11 THE COURT: Yeah.
12 MR. STEELE: We talked on Friday in the
13 conversation in the morning that you were going to meet
4111 14 with all of the jurors and --
15 THE COURT: Yeah, I'd like to do that.
16 MR. STEELE: So you haven't done that?
17 THE COURT: Yeah, I went out and did
18 that.
19 MR. STEELE: I just didn't know.
20 THE COURT: Twelve, 10 and 9 -- 12,
21 11 -- 12, 10 and 9 are jurors and would have
22 potentially heard it. So if I have to get to them --
23 you know, I just didn't want to talk to them first, you
24 know, say, Did anything occur, and then have them
25 saying, Oh, no, not with me. And then they're going, 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 26
2 Why didn't you tell me about the other thing? So I
3 just laid off all of them.
All jurors remain in the judicial --
5 that place you were on Friday, that's the only place
6 large enough to accommodate them. So, again, I took my
7 name plate off the wall, but there are three judges
8 back there in front of that thing. They got about 10
9 armed guards and people securing them.
10 It's the largest -- we were able to put
11 coffee and snacks in there. It's the biggest thing we
12 have. You've seen the size of it. And that's going to
13 be their room until -- you know, unless we have other
411 14 short breaks. Okay?
15 MR. STEELE: Yeah. You explained that.
16 THE COURT: When?
17 MR. STEELE: Friday.
18 THE COURT: Sorry. I forgot what I
19 said.
20 MS. BLISS: Don't pick on him.
21 THE COURT: But you know I'm going to go
22 out and announce this, and you will tell Mr. Cosby he
23 needs to agree on the record that he's okay with that
24 in camera.
410 25 MR. MESEREAU: Yes. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 27
2 (The proceedings in chambers were
3 concluded.)
4 (The following proceedings were
5 commenced in open court with the Court,
6 Mr. Steele, Mr. Ryan, Ms. Gibbons-Feden,
7 Mr. Vines, Mr. Mesereau, Ms. Bliss, Mr.
8 Hicks, Ms. James, Ms. Robinson, Ms.
9 Gupta, and the defendant being present:)
10 - -
11 THE COURT: Just the right temperature.
12 Okay. Welcome all. We were expecting to start right
13 away with opening statements, hopefully taking some
411 14 testimony.
15 But over the weekend or, excuse me, on
16 Friday at about 3:20, a motion was filed that requires
17 the Court to take immediate action. And we have been
18 spending some time on the record trying to determine
19 the procedure that we will employ regarding the
20 contents of that motion.
21 So the Court has determined what it will
22 do. First and foremost, we will inquire of a potential
23 juror based upon the filing of the defense which is in
24 the public domain because it was so released. That
25 hearing will be in camera, meaning there will be a 1 COMMONWEALTH vs. WILLIAM H./COSBY, JR. 28
court reporter, there will be the potential juror.
3 So that you're aware, it is within the
4 Court's power to do so when I am protecting the essence
5 of this process, which is the jurors themselves, and to
6 make sure that we can continue with a fair and
7 impartial trial, make sure that we have jurors who are
8 properly seated and then sworn. These are selected but
9 unsworn jurors at this stage.
10 And in order for this Court to discharge
11 its duty to make sure that it can present a forum for a
12 fair and impartial jury, prevent any kind of issues
13 with those jurors to not be part of this case, we have
410 14 determined that parts of this will be in camera. And
15 those are the direct interviews by the Court with the
16 jurors that may, in fact, be at issue.
17 So what is important is that I first
18 determine -- since the defense did bring this in the
19 form of a motion and that they felt that that would be
20 the best vehicle to bring this to the Court's
21 attention, it did put it into the Rules of Criminal
22 Procedure regarding motions, answers, and then, you
23 know, having to prove or establish certain facts of
24 record.
25 And at this stage the Court has made the 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 29
2 determination of going directly to the Potential Juror
3 Number 9 and inquire of that juror and then allowing
4 everything else to set up around that as to what we
5 would do next, but at this stage that's going to be in
camera.
7 So I would need the agreement of the
8 defendant and not just counsel's statement in that
9 because counsel did bring this as a motion if they wish
10 to have some sort of an open, you know, courtroom
11 regarding the inquiry of Juror Number 9 because that
12 juror is a non -selected potential juror as opposed to
13 who we're referring to as Juror Number 11 who was
14 selected but not yet sworn.
15 Does that fairly and accurately portray
16 what we talked about?
17 MS. BLISS: Yes, Your Honor.
18 THE COURT: And have you had occasion to
19 speak with your client?
20 MS. BLISS: I have, Your Honor, and he
21 waives an open hearing and consents to an in -camera
22 procedure.
23 THE COURT: All right. And Mr. Cosby,
24 we will proceed on a couple of these issues. So I'd
25 prefer, if I could, I could get the swearing or 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 30
2 affirming part out of the way. And then during the
3 course of the trial there may come these times where
I'll simply ask you did you have occasion to speak with
5 counsel and do you agree with what counsel just said.
6 That allows me to understand that it's a
7 knowing, intelligent and voluntary either waiver of a
8 certain issue or at least your consent to proceed as
9 counsel has said.
10 Is there any objection to that, Counsel?
11 I employ that in all cases where major decisions have
12 to be made.
13 MR. MESEREAU: No, Your Honor.
411 14 THE COURT: All right. If you could
15 just raise your right hand, Mr. Cosby.
16 - - -
17 WILLIAM H. COSBY, JR., having been duly
18 sworn, was examined and testified as
19 follows:
20 THE COURT: All right. You heard your
21 counsel state that this motion regarding the juror
22 would simply be in camera. That means there will be a
23 court reporter and just the judge, unless you wish to
24 attend. But at that stage they've indicated that it
25 would just be the juror and the judge at this time, 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 31
2 which I think is wise, that you not -- you have no
3 objection to that; is that correct? No objection to
4 just an in -camera hearing, not a public courtroom
5 hearing?
6 MR. MESEREAU: He has no objection.
7 THE COURT: Thank you very much. I will
8 take counsel because I'm blocked a little bit from him.
9 With that said, then I would ask counsel
10 to adjourn. This will take place again in a room
11 different than this and we will proceed. So if counsel
12 will follow me, we will do it.
13 Now, to the press that's here, again,
14 this is on the record. So eventually what is said will
15 be available to you, but at this stage I need to know
16 what will be said and it's necessary to be in camera.
17 At this stage, Mr. Cosby can return if he wants to go
18 back to where he is -- his room.
19 (The following proceedings were
20 commenced in chambers with the Court,
21 Mr. Steele, Mr. Ryan, Ms. Gibbons-Feden,
22 Mr. Vines, Mr. Mesereau, Ms. Bliss, Ms.
23 James, and the defendant being present:)
24
25 THE COURT: Put on the record now that 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 32
2 the paralegal at some time will go back, get the
3 original, and the Court will exam it. But it's
4 ultimately going to stay in the possession of the
defense because we're going to work from a confirmed
redacted copy.
7 So it goes from original to unredacted
8 copy to redacted copy. And then once we see the
9 original, then you just keep it. Fair enough?
10 MS. BLISS: Very good. Thank you, Your
11 Honor.
12 THE COURT: Okay. Are we ready?
13 MS. BLISS: Yes, Your Honor.
411 14 (Potential Juror Number 9 and Jason
15 Donoghue, Esquire, entered the
16 conference room.)
17 THE COURT: If you'll just have a seat
18 right here, ma'am. Thank you very much.
19 BY THE COURT:
20 Q All right. I hope you will understand if I
21 continue to refer to you simply as Potential Juror
22 Number 9.
23 A Yes, please.
24 Q That will allow us throughout these proceedings to
25 do the best that we can to keep your name confidential. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 33
2 And that was my mission from the beginning. It's
3 difficult.
4 So it's going to -- I'm going to place
5 you under oath and then I'm going to take you through
6 your declaration because it's in two forms. I don't
7 want your name in, so I just have to make sure that the
8 signed with your name in it declaration is the same as
9 the one that's been redacted. And usually we rely upon
10 a witness to do that.
11 Do you think you understand? Then I'll
12 just ask you a couple questions about your declaration.
13 A Yes.
411 14 Q If you'll raise your right hand.
15 - - -
16 POTENTIAL JUROR NO. 9, having been duly
17 sworn, was examined and testified as
18 follows:
19 BY THE COURT:
20 Q All right. You are here today upon a summons or a
21 request and you are represented by counsel, Mr. Jason
22 Donoghue; is that correct?
23 A Yes.
24 Q And if at any time you need to speak to him, I --
25 this is not a situation where anything else is going on 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 34
2 other than I think for your comfort level it's proper
3 to have an attorney here. So if you do need to speak
4 to him, certainly just raise a finger, indicate it to
5 me, and then I can make that provision occur.
6 So you were what we called Prospective
7 Juror Number 9; is that correct?
8 A Yes.
9 Q Okay. And you were on a panel that originated in
10 that you showed up in accordance with your juror
11 summons on April 3rd; is that correct?
12 A Correct.
13 Q Okay. So you came in with everyone else and, like
14 everyone else, you were in the big room downstairs
15 called the jury marshalling room; is that correct?
16 A Yes.
17 Q And then you were one of 120 people that was then
18 brought up to Courtroom A; is that correct?
19 A Yes.
20 Q Okay. And you sat through the Court's general
21 voir dire and answered all questions when you were in
22 Courtroom A; is that correct?
23 A Yes.
24 Q And you answered them by holding a card up; is
25 that right? 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 35
2 A Yes. 411 3 Q And do you recall if Juror Number 11 was anywhere
4 near you in that?
5 A No.
6 Q You just don't recall or you don't --
7 A No. I was in the front row.
8 Q Okay. So you were more in the front row. And
9 being Number 9, that would have had you in the front
10 row; is that correct?
11 A Yes.
12 Q So, for the record to be clear, so when you were
13 in Courtroom A, that front row would have been the
410 14 first row of almost 10 rows of jurors that were being
15 asked questions; is that right?
16 A Correct.
17 Q And because you were in the front row, that's how
18 you come by the number Potential Juror Number 9; is
19 that right?
20 A Yes.
21 Q All right. Okay. And then I believe -- and I
22 just forgot to check all my notes. Let's just make
23 sure. It was the next day you had to come back; is
24 that right?
25 A Yes. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 36
2 Q Okay. And there were approximately 12 of you; is
3 that right?
4 A Yes.
5 Q Okay. And a judge, being me, promised that it was
6 going to be short. Do you remember that?
7 A Yes, I remember that.
8 Q And it was not short, was it?
9 A No, it was not at all.
10 Q All right. We are in a location known as the jury
11 room to Courtroom C in the Montgomery County
12 Courthouse. This looks familiar to you, does it not?
13 A It does.
14 Q Yes. This is where you were?
15 A Yeah. That's the little table and that's the two
16 windows, but the blinds were up.
17 Q Okay. So you were in this room which, without it
18 being measured, is probably about 10 by 15 feet. We'll
19 measure it, of course, but it is important just to --
20 you were in this room?
21 A Yes.
22 Q Do you have any recollection of where you were
23 seated during most of the time?
24 A Yes. Where -- okay, so -- I'm going back in my
25 memory. Purple hair was sitting right there with 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 37
2 tattoo. Next to her was the guy with the suit. Then
3 it was -- he had nice eyes. I can't remember his name.
Retired. Then me. Then this lady, cute little lady
5 with, like, an accent. She was from Memphis. Then
6 there was an older lady with a cane. And then another
7 older lady, she was a cop. And that's all I remember.
8 And then it was a woman sitting right there with a red
9 coat. Another young gentleman right there. He was the
10 guy that we're referring to with the long hair.
11 Q Juror Number 11?
12 A Number 11. And he had a Phillies cap. I told him
13 don't take that in, it's unprofessional, like, leave
411 14 that here. And then one guy was sitting in that chair.
15 Q Okay. So you would have, for the purposes of your
16 description, been sitting across from Number 11?
17 A Yep.
18 Q Okay. And did you feel that you, you know, that
19 anything that anybody, anybody, said in this room, you
20 were able to hear?
21 A Yes.
22 Q Okay. And do you recall whether the -- you know,
23 that -- that there was anything that was said by
24 anybody in this room that you couldn't hear --
25 A Not - 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 38
2 Q -- if you were listening?
3 A -- unless they were having, like, a private
4 conversation. Like, if somebody was leaning next to
5 somebody, then no.
6 Q All right. So let's go to the next couple of
7 questions here. So I have here something -- first of
8 all, this is a copy. The original, I am told, is
9 coming, but it's not important right now. This is
10 what's known as a Declaration of Prospective Juror
11 Number 9. That's you; is that correct?
12 A Yes.
13 Q Okay. Now, I'm going to ask you to read it. And
14 then I've got to take from this, this signature.
15 That's never going to go in the record. And then I got
16 to get over to the one that we call redaction. That's
17 where they blank out your signature or something that
18 might give the identity of somebody else. We're just
19 working with numbers.
20 A Okay.
21 Q So I got to get it from here to here, and then
22 that'll be the document that I'll ask you questions.
23 But I'll always make the original available for you
24 because I don't know what this -- right now I don't
25 know what it says, but it looks like a description of 39 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 Juror Number 11; right?
3 A Correct.
Q And then this would have your signature and
5 potentially a -- just a signature, but I don't want to
6 divulge your --
7 A And I don't want it divulged.
8 Q Got you. Okay. So here we go. So this is the
9 original which I'm not going to mark because -- well,
10 I'm going to mark it for purposes of this as Court
11 Original 1 and note it will not be part of any record.
12 (Declaration of Prospective Juror Number
13 9 marked Exhibit Court Original 1 for
410 14 identification.)
15 BY THE COURT:
16 Q Okay. I already have a copy of it which was sent
17 by counsel. I want you to read this and make sure that
18 that is your declaration?
19 A (Reading document.) Yes.
20 Q Okay. So this is a piece of paper. And was this
21 prepared by you or prepared by someone else based on
22 what you told them?
23 A It wasn't prepared by me.
24 Q Okay. So based on what you told people, somebody
25 prepared this for you; is that correct? 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 40
2 A Yes.
3 Q Do you know who?
4 A No.
5 Q Okay. So do you remember when you signed it?
6 A Friday afternoon.
7 Q Friday afternoon. So -- and do you remember where
8 you signed it?
9 A The Burger King in Plymouth -- Conshohocken.
10 Q Conshohocken. So someone met you there?
11 A Yes.
12 Q And had this present?
13 A Yes.
411 14 Q And you were not with Mr. Donoghue at that stage?
15 A No.
16 Q And you met this person and you read through this?
17 A Correct. He e -mailed it to me first.
18 Q So you had a chance to look at it first?
19 A Correct, promising me that my name would not come
20 up, I would not have to come back here, all of that.
21 Q Well, here you are.
22 A So, yeah.
23 Q So whatever, it's -- we need to deal with the
24 statement. So in the Burger King you read it again; is
25 that right. 41 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 A Yes.
3 Q And when you saw this section that says I make
4 these statements -- that's a pretty serious -sounding
5 thing, isn't it?
6 A Correct.
Q Okay. So what I'm going to do now is I'm going to
8 place you under oath. Okay?
9 A Okay.
10 Q And because this is a declaration and I wanted to
11 get --
12 MS. BLISS: You already did, didn't you?
13 THE WITNESS: Yeah.
41/ 14 BY THE COURT:
15 Q Right. I just want to make sure. I shouldn't say
16 place you under oath. What I meant to say is I have
17 placed you under oath.
18 A Oh. I thought you were going to do it again.
19 Q Maybe I would. I don't know. But what's
20 important is whatever language this is, it's pretty
21 serious; right?
22 A Yes.
23 Q Right. It says under penalty of perjury. And if
24 you were never sworn like I just swore you, then it's
* 25 not a penalty. It's serious. You can't be letting me 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 42
2 rely upon it, but -- so you've now been given the
3 oath --
4 A Correct.
5 Q -- that you swear any testimony you were about to
6 give would be true and correct to the best of your
knowledge, information and believe. And you've now
8 testified that this is the statement that you signed;
9 is that correct?
10 A Yes.
11 Q Okay. So I'm going to kind of put that over here.
12 And what we will work with will be now something called
13 just Court 2.
411 14 (Redacted Declaration of Prospective
15 Juror Number 9 marked Exhibit Court -2
16 for identification.)
17 BY THE COURT:
18 Q And that's just a redaction. And that means I
19 want you to satisfy that at least something, either --
20 any information there could be about you, but, most
21 importantly, your signature that has been redacted.
22 I'll let you see the original. It
23 appears to me that only your signature and -- where is
24 that?
25 A His information. COMMONWEALTH vs. WILLIAM H. COSBY, JR. 43
Q I got you. It says he was from Horsham,
Pennsylvania, and worked for SEPTA?
A Correct. It has been redacted.
5 Q Okay. So you took -- somebody took that out
6 because that may identify another juror, but that's not
7 your identifying information?
8 A That was my identifying information.
9 Q Meaning you gave them that information to say,
10 Look, I knew that much about him?
11 A Correct.
12 Q I knew he worked -- right. But we took that out
13 not to protect your identity.
411 14 A To protect his.
15 Q To protect his identity.
16 A I understand.
17 Q So the only thing there regarding your identity
18 would be your signature; is that right?
19 A Let me check.
20 I think that's a good thing to do.
21 A (Reading document.) Okay. So the only thing --
22 okay. And then besides the message I left, they can't
23 release that.
24 Q Right. We'll deal with the message you left
25 because, again, if, in fact, it becomes important in COMMONWEALTH vs. WILLIAM H. COSBY, JR. 44
2 the case, I would redact your name. But anything else
3 you might say would -- if they have the message.
4 A Okay.
5 Q I don't know. That's why I'm talking to you
6 first.
7 A Okay.
8 Q You're the most important person about this.
9 So you've had a chance to read it; is
10 that correct?
11 A Yes.
12 Q Now, under oath, are the statements contained
13 therein true and correct to the best of your knowledge,
411 14 information and belief?
15 A Yes.
16 Q Okay. Let me just ask you a couple specifics
17 about it then.
18 So do you recall how long you had been
19 in the room before you heard this?
20 A Hours.
21 Q Hours. So it would have been later in the day?
22 A Yeah. It was after -- so you came in about 11:49
23 and said something came up. I'm not going to have you
24 guys sit in here. Thanked us again for our patience,
25 things come up. You guys can go to lunch. Come back 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 45
2 at 1:25. Go to Courtroom A so we're not stuffed in
3 this one little room. You said you could stretch out,
4 sleep, do whatever you want to do. That was it. So we
5 went to lunch.
6 Q So you had already at that stage come out and we
7 had interviewed you; is that right?
8 A Yes.
9 Q Okay. So was the statement that you overheard
10 before we interviewed you or after?
11 A After.
12 Q After, okay. So did you return to this room and
13 then, before you got released for lunch, is that --
411 14 during that period was the statement made?
15 A No. I'm pretty sure it was after lunch.
16 Q After lunch. So it would have been in Courtroom
17 A?
18 A No, because we were only down there for a minute
19 until we all got together and they brought us back
20 here. We were here.
21 Q So you reported to A after lunch?
22 A Yes.
23 Q And then we went and grabbed all of you again and
24 made you come all the way up here?
25 A Yep. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 46
2 Q So how much longer after you returned from lunch
3 do you recall the statement being made?
4 A We talked about a lot. For me to give you an
5 exact time, I would be lying. I can't give you that
6 time.
7 Q Sometime in that afternoon period?
8 A Correct.
9 Q Okay. Now, do you recall exactly what was said?
10 A Yes. So that blind was up. He was playing with
11 the window.
12 Q He was?
13 A Yes. We were going to talk about -
14 Q Juror Number 11.
15 A Okay, Juror Number 11.
16 Q Would have been over playing with the windows?
17 A Right, because he was sitting like where his seat
18 is. Playing with the windows, standing here waiting,
19 you know, just waiting. So we had -- we were talking
20 about different stuff. And then he was just like, you
21 know, I'm just ready to say he's guilty so we can just
22 all get out of here.
23 Now, did he say it in a joking manner?
24 Was he serious? I don't know because you told us we're
41, 25 not supposed to talk about him. COMMONWEALTH vs. WILLIAM H. COSBY, JR. 47
2 Q That's exactly right.
3 A So there was no response said.
4 Q Nobody responded?
5 A Nope.
6 Q Nobody said anything?
7 A No.
8 Q Just moved on. Okay. And let me just make sure I
9 have that again. So it seems -- you have it here, but
10 he was at the blinds?
11 A Well, the blinds were up.
12 Q The blinds were up. Was he playing with them?
13 A No, not playing with the blinds. The windows. 411 14 Because I know earlier he said -- we were asking, like,
15 how far up were we. So he said two stories. So the
16 little lady next to me was like Oh, you can go for it.
17 You'll break a couple bones, but you won't die.
18 Q Okay. So you're getting to know one another.
19 A Yeah.
20 Q And again, his statement was -- he was standing
21 when he made the statement?
22 A Yep.
23 Q And it was, the statement that you heard him say,
24 standing?
41, 25 A Yes. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 48
2 Q What was the statement again just to be clear?
3 A Oh, he just said, I just think that he's -- you
know, he's guilty, so we can just get out of here.
5 Q Okay. And nobody made any comments thereafter?
6 A No.
7 Q Nobody said a thing?
8 A We started -- we changed the subject because
9 before that we were talking about YouTube. And I said,
10 you know, we're talking about -- this is why I just
11 felt -- it's like, because I don't know what's going on
12 because we were all just talking about like we didn't
13 know and he didn't make a statement, you know, earlier
14 talking about some, like -- because I thought it was
15 over. I really did think this mess was over. And he
16 said something earlier, you know, as to he did a comedy
17 show or something.
18 Q Somebody did a comedy show?
19 A Yeah, referring to Bill. He said he made that
20 statement earlier, like he did a Cosby show.
21 Q By Bill, you say defendant?
22 A Well, defendant, yeah.
23 Q So I just want to make sure. I don't know who
24 Bill is. Bill Cosby is who you're --
411 25 A Well, yeah. He did a comedy show within -- and I 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 49
2 said okay. That was it.
3 Q Okay. So he said Bill Cosby did a comedy show
4 within the last --
5 A Whenever. I guess since the last trial. I don't
6 know. I don't follow him. I'm not trying to -- no
7 disrespect.
8 Q I understand. We're not -- we're just trying to
9 make sure we got everything you said.
10 A Mm-hmm. So then we were talking about -- I'm
11 like, well, I don't watch the news. There's too much
12 negativity. I said, The last thing I heard this
13 morning before I came in was something happened at
II) 14 YouTube. So he broke it down to me what happened at
15 YouTube. And then that was just, you know, part of our
16 conversation.
17 And then the one lady was talking about
18 her experiences. So they were just casual conversation
19 and nothing else was said about him.
20 Q So did you hear any other conversation about the
21 defendant, Mr. Cosby, in this case? Did anybody else
22 make any comments?
23 A No, because you told us not to talk about him.
24 Q All right. Now, I'm going to ask you to step out
0 25 with Mr. Donoghue. And I kind of ask the lawyers is 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 50
2 there anything else I need to ask you. And then I
3 might ask you to come back in or I might not.
4 A Okay.
5 Q I won't let you go without telling you it's time
6 you can go and you're free to do whatever you want, but
7 at this stage, it's just what we have to do. So if
8 you'll just go over to that little room again, be with
9 him, talk to him. If there's anything that you feel
10 you need to supplement to us, you can tell us, but if
11 we need to ask any questions, I need to ask them first.
12 Okay?
13 A Okay.
14 Q All right. Thank you very much.
15 (Juror excused.)
16 - - -
17 THE COURT: All right. Is there
18 anything else anybody needs me to ask her?
19 MR. MESEREAU: Your Honor, I would ask
20 her if at any time from the moment she showed up in the
21 large jury room until the time she left, did anyone
22 else say anything about Mr. Cosby.
23 MR. STEELE: I think he did ask that,
24 but if we're bringing her back in for questions --
411 25 THE COURT: I did ask her about -- I 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 51
2 asked her about here. I didn't ask her about the
3 large -- I mean, I guess we can bring everybody back,
4 but, I mean, she -- her allegations seem to be central
5 here. It would be going back in time to just being in
6 the large room. I mean, I'll ask her. It's no harm.
7 MR. STEELE: If you're going to bring
8 her back in for questioning, I would ask to explore
9 further. There was a statement made by the defense
10 that nobody told her that if she signed this, she
11 wouldn't have to come in. And we asked that explicitly
12 and she said something very different when she came in
13 here. So I think that goes to --
14 THE COURT: To what?
15 MR. STEELE: -- a number of issues.
16 THE COURT: She's here.
17 MR. STEELE: She's here, but what are
18 the circumstances around her being here? And the
19 representation that was made to the Court --
20 THE COURT: But can't I get to that the
21 second round? If this guy denies it and the other
22 three say they heard it, then why do I need to get to
23 the -- I want to get to the truth of the matter
24 asserted before I get to, you know, how she appeared.
ID 25 I mean, look, as concerned as I was about it, I mean, 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 52
2 nothing ever follows script in trials, especially
3 trials like this. So I don't know why she called them.
4 That's why I'm not asking her why she did any of that
5 at this stage. I just want to hear what she says. I
6 don't want to get into any kind of adversarial thing.
7 I want to hear what she has to say. So I'm not going
8 to ask that question. I can ask the general question,
9 did she hear anything else from the moment she got here
10 to the moment she left the courthouse is the way I'm
11 going to put it. I mean, if you have anything around
12 that, I will. And then we may get to, you know, how --
13 you know, the rest of the steps.
14 All right.
15 MS. PARISI: Do you want me to go see --
16 didn't Carol say they were going to let them take a
17 smoke break at 10:00?
18 THE COURT: Well, they're down there?
19 STAR STAR: No. If they're going to be
20 back soon if you're going to get to --
21 MR. MESEREAU: Okay. Well, find that
22 out. But let's bring her back in and ask her that one
23 question.
24 (Prospective Juror Number 9 returned to
410 25 the room.) 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 53
2 BY THE COURT:
3 Q Hi. All right. Part 2 and it's not going to be
4 very long; you'll barely sit down. And it's probably a
5 good question. So from the moment you arrived at the
6 courthouse for jury duty to the moment you left, other
7 than you did mention something else that 11 said about
8 a comedy show, did you hear anybody talk about
9 Mr. Cosby and/or his guilt, innocence, or what they
10 knew about the case?
11 A No.
12 Q Okay. So nobody talked about it?
13 A No.
411 14 THE COURT: All right. I think that's
15 sufficient. Thank you very much. All right. Now,
16 that's a good enough room as any. You may remain in
17 there. And then we've just got to finish -- I've got
18 some other things I got to do. Then I'll let you go, I
19 promise. I said that before, didn't I?
20 PROSPECTIVE JUROR 9: Yes, you did.
21 THE COURT: I saw that look you gave me.
22 Okay. Well, this time, I hope I mean it. All you can
23 do is trust that these are --
24 THE WITNESS: We'll be in and out in an
25 hour. 4:30 comes -- COMMONWEALTH vs. WILLIAM H. COSBY, JR. 54
THE COURT: I know. I know. Okay.
3 We're all part of it, everybody here. But I agree that
4 it's my responsibility. But this is important and we
5 do need to get it done.
THE WITNESS: (Nods.)
7 THE COURT: Thank you. So hang in there
8 with Jason and we're going to be moving forward.
9 MR. DONOGHUE: Okay. And then they'll
10 tell us when we're released from the subpoena and then
11 we can go home.
12 PROSPECTIVE JUROR 9: Okay.
13 MR. DONOGHUE: We've just got to wait
411 14 there until we're told.
15 THE COURT: Thank you.
16 (Prospective Juror Number 9 and Mr.
17 Donoghue left the room.)
18 (Juror Number 11 entered the courtroom.)
19 BY THE COURT:
20 Q Have a seat. All right. We will always be
21 calling you now Juror Number 11. That will be your
22 name and your number. We're just following up on some
23 things that we did when we were doing the actual jury
24 selection. So let me just make sure. You remember
25 being in this room for a long while; is that correct? 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 55
2 A Yeah.
3 Q Too long; right?
4 A (Shrugs.)
5 Q It was a long time. And can you recall where you
6 were seated when you were in this room back on the 4th?
7 A (Indicating.) Where he's sitting.
8 Q Right on the corner where he's sitting?
9 A Yeah.
10 Q Just to be clear, you had appeared for jury duty
11 on the 3rd of April; right?
12 A (Nods.)
13 And then you had to be downstairs there for a
410 14 while; right? Remember?
15 A Uh-huh.
16 Q The whole big panel?
17 A Yeah.
18 Q And then you came up to Courtroom A. And then I
19 asked a whole lot of questions for which you may have
20 put your card up for a couple of them; is that right?
21 A Correct.
22 Q And then did you have to come back the next day?
23 A Yeah.
24 Q And then the judge told you it wouldn't be that
411 25 long? 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 56
2 A Uh-huh.
3 Q And it turned out to be that long; is that
4 correct?
5 A Yeah.
6 Q And did you recall then I had to come back and say
7 we had to work on an issue; you could go to lunch?
8 A Uh-huh. Yes.
9 Q Okay. And then you had to start out in A; right?
10 A Yeah.
11 Q And then we came and got you, brought you back up;
12 right?
13 A Correct.
14 Q And then you spent most of the rest of the
15 afternoon in here, didn't you?
16 A Yes, sir.
17 Q Let me just ask you: At any time during the
18 afternoon, for whatever reason, did you make the
19 statement, I just think he's guilty, so we all can be
20 done and get out of here, or something similar to that?
21 And we're not inquiring about any --
22 A No.
23 Q You never made such a statement?
24 A No.
410 25 Q Okay. So if you were standing at the window 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 57
2 there, you don't recall just making a statement, for
3 whatever reason, it could have been just to break the
4 ice?
5 A I do not recall that.
6 Q You don't recall it. Could you have made a
7 statement like that?
A I don't think I would have.
9 Q You don't think you would have?
10 A No.
11 Q And it is -- I want to make it perfectly clear, it
12 is okay if you did. We just -- I need to track down a
13 lot of different things and, you know, I will ask you
14 some other questions afterwards, but it is important
15 that if you made such a statement that you do tell us.
16 A (Nods.)
17 Q And I'm going to let you reflect on it because
18 it's just part of the process that we do have to check
19 these things out.
20 A Okay.
21 Q So did you make that statement? If you did, it's
22 perfectly okay.
23 A No.
24 Q You did not?
25 A No. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 58
2 Q Okay. So I'm going to put you under oath to make
3 sure that we have everything covered under oath. And,
4 again, did you want to raise your right hand?
5 - - -
6 JUROR NUMBER 11, having been duly sworn,
7 was examined and testified as follows:
8
9 BY THE COURT:
10 Q Okay. So this is like the continued oath that we
11 did on the voir dire. So I'll put it to you one last
12 time. Did you make a comment similar to or the exact
13 comment of something, I just think he's guilty, so we
411 14 can all be done and get out of here?
15 A No.
16 Q You did not. Do you recall at any time during the
17 time you were here whether you did indicate that you
18 had seen a YouTube video that -- or something on
19 YouTube that Mr. Cosby had done a comedy act after the
20 first trial or something like that?
21 A No.
22 Q You don't recall saying any of that?
23 A (Shakes head.)
24 Q Do you recall discussing YouTube and just how
25 YouTube works or what you've heard on YouTube? 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 59
2 A We talked about some lady that shot up YouTube.
3 Q Okay. You talked about that?
4 A Yeah.
5 Q So did you hear anyone at any time mention any
6 opinion when you were back in this room regarding the
7 guilt or innocence of Mr. Cosby?
8 A No.
9 Q That means whether it was joking or not joking,
10 just any comment?
11 A No, I don't remember anything like that.
12 Q So you don't remember, but you clearly know that
13 you did not say it; is that correct?
411 14 A Yes.
15 Q All right. If you'll -- now, this is important.
16 You don't go back and -- you know, we're going to talk
17 to -- you know, it's just a process, so we do have to
18 talk to some other jurors. If anything comes to mind,
19 please just let the tipstaff know, and we'll come back
20 and we'll talk to you again. Okay?
21 A Uh-huh.
22 Q All right. Thank you very much. They'll take you
23 back, and then you'll see we're going to take a couple
24 other jurors out and talk to them. All right?
41, 25 A Yep. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 60
2 Q So you can't talk about what we just talked about
3 here. All right?
4 A All right.
5 Q Thank you very much.
6 (Juror excused.)
7 - - -
THE COURT: All right. The Court
9 inquired. I felt that I gave him a lot of
10 opportunities. He's not going to admit he said it.
11 So let's start the process as we've
12 outlined it We'll start with 9, 10, 12. Okay?
13 MR. KEHS: Where would you like us to
14 put him?
15 THE COURT: He goes back in. He goes
16 back in. I told him not to talk about it, so let's
17 hope he doesn't.
18 Next we need Number 9. Make sure we're
19 bringing back the actual selected juror. This one is
20 selected, non -sworn. It does mean something.
21 MR. STEELE: So those questioning --
22 those questions of him were very specific and I
23 would -- leading into --
24 THE COURT: I'm going to start out
25 general and then I'm going to get to, Did you hear the COMMONWEALTH vs. WILLIAM H. COSBY, JR. 61
statement?
MR. STEELE: Well, then you're taking
somebody's credibility over another person's.
5 MS. BLISS: He's trying to find out what
6 happened.
7 THE COURT: I have a duty.
8 MR. STEELE: So you ask, What happened?
9 Did you hear anything?
10 THE COURT: That's what I'm going to
11 start with.
12 MR. STEELE: Did you have any references?
MR. MESEREAU: His questioning is
15 benefit --
16 MR. STEELE: You're leading.
17 MS. BLISS: We're trying to get a fair
18 trial.
19 THE COURT: I may be, but then I can get
20 to the place with him to which I can ask the -- does it
21 affect your ability. But I won't do it now. I can't
22 do it now. I'm on a fact-finding mission.
23 MR. STEELE: I'm just saying that you're
24 asking the line of questioning. Depending on how it
25 goes, it is -- it should be more -- I suggest that it 62 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 should be more opened -ended, Did you hear anything?
THE COURT: I'm going to start out
4 open-ended and, depending on the open-ended, I might
5 ask something a little more specific, that's all, to
6 hopefully -- because there is -- by the statement of
7 the Prospective Juror Number 9, she couldn't tell
8 whether he meant it in jest or not and whether it's
9 important or not. So people take those things
10 differently. They may say, Hey, it was in jest.
11 MR. STEELE: Or did it happen at all.
12 MR. MESEREAU: What was very important
13 was his suddenly saying I don't recall.
14 THE COURT: Whatever. That's for
15 argument.
16 MR. MESEREAU: That was very pregnant
17 with significance.
18 THE COURT: We'll get to that when we
19 get to argument. Okay. Let's go.
20 (Juror Number 9 entered the room.)
21 BY THE COURT:
22 Q So I've got to ask you a couple questions. I'm
23 going to ask a few jurors the same question so we can
24 get started. That's all you want to do is get started.
25 So let me take you back to a long day in your life. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 63
2 Actually, two days.
You recall being here on the 3rd; is
4 that right?
5 A That's correct.
6 Q And that was the long wait, and then you got in
7 for voir dire late in the afternoon.
8 Do you recall that?
9 A Yes, sir.
10 Q And then you and 11 others were called back on the
11 next day, April 4th; is that right?
12 A That's correct.
13 Q And does this room look familiar?
411 14 A Yes. I sat here.
15 Q That's where you were. So I put you in this room
16 and you had to wait and wait and wait. So I'm going to
17 just take you to a place and ask you a question.
18 When you were waiting, at any time --
19 and it was a long time -- did you recall at any time
20 any juror, whether they might have been kidding or not,
21 making a reference, something like, I think he's
22 guilty, why don't we just get out of here?
23 A No.
24 Q You do not recall that?
25 A Do not recall that. Absolutely not. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 64
2 Q Okay. And where do you recall you were seated?
3 A Where the lady in maroon is sitting there.
4 Q And at this stage, you don't recall -- and do you
5 recall anything that was said during any time that you
6 were in here that had anything to do -- relating to
7 Mr. Cosby's guilt or innocence?
8 A No, sir.
9 Q Okay. Do you recall anybody in here talking about
10 YouTube?
11 A No, sir.
12 Q You don't recall anything about YouTube?
13 A No, sir.
411 14 Q All right. Just conversation of how it works or
15 something you might have seen?
16 A Maybe I wasn't paying attention. I don't
17 remember --
18 Q But you clearly didn't hear anybody make any
19 comment about the guilt or innocence of Mr. Cosby?
20 A Absolutely not.
21 Q Thank you. I'm actually going to bring you back
22 one more time, but then all -- remember I promised, I
23 think I promised you, I'm going to talk to each one of
24 you individually before we start this case to make sure
25 that overall before I swear you in that everybody is 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 65
2 exactly the person that we dealt with when they were
3 here --
4 A I understand.
5 Q -- and I sent you home with instructions.
6 Okay. Thank you very much.
7 (Juror was excused and then re-entered
8 the room.)
9 BY THE COURT:
10 Q As if I have to tell someone like you, but they
11 might look at you and say, What does he want? What's
12 the judge want? Just say, We're all going to get
13 questioned.
14 Just don't talk about what we just
15 talked about. Okay?
16 A Understood.
17 Q Thank you very much.
18 (Juror excused.)
19
20 MS. BLISS: Mr. Vines brought something
21 to my attention that I missed. You did not swear in
22 Number 9. I don't know if you need to do that.
23 THE COURT: I'm hesitant to swear in a
24 juror, in giving them all different kinds of swearing.
25 I thought about that. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 66
2 MS. BLISS: Okay.
3 THE COURT: If I need to bring the
4 person back, I mean, I can swear these, but this is the
5 third different oath they've taken, and I've got to
6 worry about how I'm -- I mean, right now they're still
7 at this part to say they heard it. I can bring him
8 back and put him under oath if you want.
9 MR. MESEREAU: We'd like you to, Your
10 Honor.
11 THE COURT: All right. We'll bring him
12 back again. I think it's -- but let's get to this one.
13 Okay?
14 (Juror Number 10 entered the room.)
15 BY THE COURT:
16 Q Hi.
17 A Hi.
18 Q How are you?
19 A Good. How are you?
20 Q All we want to do is get started, but we're having
21 trouble. These are things -- I did say I was going to
22 obviously talk to each of you and make sure that
23 everything's going okay now. Okay?
24 A Uh-huh. 0 25 Q And I still will do that. And you're taking a lot 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 67
of oaths, but let me just make sure. We just need to
3 ask you a couple questions about April 4th when you
4 were sitting in here with a group of 12 people.
5 A Okay.
6 Q Way too long. Remember?
7 A Yes.
8 Q Way too long.
9 So if you'll just raise your right hand.
10 - - -
11 JUROR NUMBER 10, having been duly sworn,
12 was examined and testified as follows:
13
41/ 14 BY THE COURT:
15 Okay. So you remember probably quite well that
16 this all started on April 3rd where you, as every other
17 good citizen that was there, you showed up?
18 A Yes.
19 And you waited and you waited?
20 A Yes.
21 Q Then you came up on April 3rd to Courtroom A and
22 we asked all those -- lots of those questions; right?
23 A Yep.
24 Q And you answered the questions that pertained to
25 you and the ones that didn't, you kept your card down; 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 68
2 right?
3 A Uh-huh.
4 Q And then the judge said, You got to come back
5 tomorrow, and you went ugh. And then like 11 others,
you all came back, didn't you?
A Yes.
8 Q Does this room look familiar?
9 A Yes.
10 Q This is where you came back to, isn't it?
11 A Yes.
12 Q Okay. And do you recall where you were seated
13 when you got back here?
411 14 A Over there (indicating).
15 Q Over there. So kind of people kept to their
16 seats; right?
17 A Yep.
18 So then the judge made that promise he didn't
19 keep, which was, We think we'll be done in about an
20 hour?
21 A (Nods.)
22 Q And it appeared that then you -- I came back and
23 told you we had to go to lunch?
24 A Uh-huh.
25 Q And you went to lunch. And then you went over to 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 69
2 A; right?
3 A Yes.
4 Q And then we came back over here, do you remember
5 that?
6 A Yes.
7 Q And then you waited more time?
8 A Yes.
9 Q Okay. Do you recall at any time that you were
10 waiting here in this room that any potential juror,
11 anybody who was in the room made a statement that was,
12 I just think he's guilty, so we can all be done and get
13 out of here? Do you recall anybody saying that?
410 14 A No.
15 Q You do not?
16 A No.
17 Q And were you listening carefully?
18 A Yes.
19 Q Okay. So you have no recollection of anybody
20 saying that?
21 A No.
22 Q Do you have any recollection of anybody saying
23 anything while you were back in here regarding the
24 guilt or innocence of the defendant?
25 A No. 70 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 Q And in your whole stay here, do you recall anybody
3 making any statement about it?
4 A No.
5 Q Okay. All right. Thank you very much. Don't
6 discuss that with anyone else because then
7 A Okay.
8 Q We're going to go through the process and it's
9 normal and it's just how every case starts. Kind of
10 getting started, I got to make sure that nobody, from
11 the day you left here on the 4th, you weren't exposed
12 to anything after that. But we just wanted to make
13 sure that you weren't exposed to anything in here, and
14 you were not. Thank you.
15 A Yep. You're welcome.
16 (Juror excused.)
17 - - -
18 MS. BLISS: Your Honor, did you want to
19 ask her about the YouTube, what happened at YouTube?
20 THE COURT: Not really. She said he
21 didn't say it. I'm just trying to get some
22 familiarity, but, you know, I'm not trying to have a
23 full-blown -- I mean, she said pretty clearly she
24 didn't hear anything. Let's see where we go with --
25 MR. VINES: Your Honor, could I just 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 71
2 make one suggestion?
THE COURT: Yeah.
4 MS. BLISS: The line of questioning that
5 you had done with the others was, Did you hear the
6 guilt statement? Did you hear a statement regarding a
7 Cosby video? Did you hear anything about how YouTube
8 works? And then, finally, did you --
9 THE COURT: And how will that help me if
10 she said I didn't hear him --
11 MR. VINES: Because some of them become
12 more innocuous especially by the time you get to the
13 YouTube shooting. And one of the jurors --
14 THE COURT: Sure. What the heck. Bring
15 her on back. We'll do it again, Mr. Vines. But I'm
16 trying to at least make them somewhat comfortable using
17 some of the familiarity.
18 MS. BLISS: Understood.
19 MR. STEELE: It didn't fit their
20 purpose, so --
21 THE COURT: Mr. Steele, please.
22 MS. BLISS: I think it goes to what they
23 heard.
24 THE COURT: If you want to bring her 0 25 back, I will do it. I'm going to fully and fairly vet COMMONWEALTH vs. WILLIAM H. COSBY, JR. 72
this.
(Juror Number 10 re-entered the room.)
BY THE COURT:
Q Hi.
A Hi.
Q Okay. This is kind of how it works. I guess
8 you're probably a veteran at this now. We kind of send
9 you out, talk about something, bring you back.
10 So you've given me your testimony about
11 what you didn't hear. Did you hear at any time
12 somebody talking about YouTube, about YouTube and
13 anything there? Did you hear anything about that?
411 14 A No.
15 Q You didn't hear anything about YouTube?
16 A No.
17 Q Anything about a shooting at YouTube or anything
18 like that?
19 A A couple people.
20 Q You heard a couple people --
21 A Yeah.
22 Q -- make that reference?
23 A Yes.
24 Q And did you hear anything about a Mr. Cosby
25 YouTube video or anything? 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 73
2 A No.
3 Q You did not hear that?
4 A No.
5 Q And just to be clear, you said you did not hear
6 any statements such as, I just think he's guilty, so we
7 all can be done and get of here?
8 A I didn't hear anything.
9 Q Nothing?
10 A Nothing.
11 Q Thank you very much. That's it. And then -- but
12 when you go back there, they're going to go, What?
13 What? What did he want? Just say I don't know. You
411 14 all might get asked these questions. But don't say
15 that. Just say I can't talk about it. The judge is
16 going to talk to all of us.
17 A Okay.
18 Q All right. Thank you.
19 (Juror excused.)
20 (Juror Number 12 entered the room.)
21 BY THE COURT:
22 Q Hi.
23 A Hello.
24 Q You are now famous Juror Number 12; right?
25 A Yes, sir. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 74
2 Q Okay. I'm going to ask you -- we do this in every
3 case. We've just got to make sure -- this is a case,
4 you know, you've gone home, you've come back. So we'll
5 ask. We're just starting off with some of the people
6 that may have been together on April 3rd and April 4th.
7 So we're starting with those people just to ask them a
8 couple questions.
9 So this is simply the oath kind of like
10 the oath that you took for questioning. Can you raise
11 your right hand?
12 - - -
13 JUROR NUMBER 12, having been duly sworn,
14 was examined and testified as follows:
15 BY THE COURT
16 Q All right. So April 3rd is the day you got your
17 summons and you came in on April 3rd; is that correct?
18 A Yes.
19 Q And you waited down in the big room downstairs; is
20 that right?
21 A Yes.
22 Q And then you came up to Courtroom A; is that
23 right?
24 A Yes.
25 Q And in Courtroom A, the judge asked you a lot of 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 75
questions. You hold your card up for a couple; the
3 rest of them, you don't. And based on that, then you
4 hear the wonderful news that you get to come back
5 tomorrow.
6 A Uh-huh.
7 Q And you did; right?
8 A Yes.
9 Q So does this room look familiar?
10 A Yes.
11 Q Okay. That's the place where you came back to.
12 And that's where the judge promised you you'd only you
13 be here for about an hour, an hour and a half,
14 remember?
15 A Yes.
16 Q The judge didn't keep his promise. But let me
17 just make sure that -- do you recall when you were in
18 this room where you were seated?
19 A Yes.
20 Q Where was that?
21 A Where the gentleman in the yellow tie is.
22 Q Okay. Good. So when you're here, let me just see
23 if I understood the day. So you stayed in here for a
24 while and then I came in and let you go to lunch. Do
25 you remember that? 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 76
2 A Yes.
3 Q Probably said again, We'll get right to this.
4 You went back to Courtroom A; is that
5 right?
6 A Yeah -- or --
7 Q The big courtroom?
8 A Yes.
9 Q And then we came and got all 12 of you again and
10 back you came again, right?
11 A Yes.
12 Q At any time while you were back here, did you hear
13 any of the 11 other people that were here make any
411 14 statements regarding either the guilt or innocence of
15 Mr. Cosby, however those statements were made? Did you
16 hear anybody make a statement?
17 A No.
18 Q And do you recall ever hearing any statement by
19 anyone that says, I just think he's guilty, so we can
20 all be done and get out of here?
21 A No.
22 Q No?
23 A No.
24 Q Okay. So did you hear anybody making any
25 statements about YouTube or anything like that? 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 77
2 A No.
3 Q Did you hear anybody make any reference to whether
4 there was a shooting at YouTube or anything like that?
5 A Oh, yes.
6 Q You did hear that?
7 A Yeah.
8 Q Okay. And that -- did you hear anybody talking
9 about a video that Mr. Cosby may have made that was
10 not may have made, but may have been on YouTube since
11 the last trial? Do you ever recall anything like that?
12 A No.
13 Q No. But you specifically have -- no one said, I
14 think he's guilty, so we can all be done and get out of
15 here?
16 A Uh-uh.
17 Q And you're clear on that?
18 A Yeah.
19 Q Thank you very much. Please don't discuss that
20 with anyone else. We're about to get to the place to
21 where I can get you all in and swear you in and get
22 moving. Okay?
23 A All right.
24 Q Thank you.
III 25 (Juror excused.) 78 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 - - -
3 THE COURT: Okay. Where are we? I
4 don't need at this stage to hear from your
5 investigator. I don't need to hear from your -- I hate
to do that, but she, herself, has testified to what she
7 said, and I have nobody else hearing what she claims
8 she said. I just don't think we have anything. And I
9 don't want to make this -- I just think we need to move
10 on and get to these jurors that we have and move
11 forward.
12 I don't know what your positions are,
13 but right now I have four people in that room. If
411 14 you're -- if one of them had indicated maybe, then I
15 would have dealt with these other jurors. But I have
16 three sworn jurors in the room that simply said they
17 didn't hear it.
18 MS. JAMES: Can we just have a moment?
19 MR. RYAN: And, Your Honor, counsel also
20 asked selected Juror Number 9 to be brought back and
21 put under oath.
22 THE COURT: Huh?
23 MR. RYAN: They asked for selected juror
24 9 to be brought back in here so that --
III 25 THE COURT: You want to do that? You 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 79
2 want Number 9 under oath?
3 MR. MESEREAU: Sure.
4 THE COURT: Okay.
5 (Juror Number 9 returned to the room.)
6 BY THE COURT:
7 Q I know, you're probably thinking, What's the
8 matter with these people? This is a procedure that we
9 do,go through on a lot of cases and I just simply
10 forgot to put you under oath about what you just said
11 here.
12 A Okay.
13 Q So can you raise your right hand.
14 - - -
15 JUROR NUMBER 9, having been duly sworn,
16 was examined and testified as follows:
17 BY THE COURT
18 Q Thank you. So whatever statements you made, they
19 were your statements?
20 A Absolutely.
21 Q All right. Thank you. And, again, don't discuss
22 that with anyone else. Hopefully, I'll get to the
23 whole group and we'll get this thing started.
24 A Okay.
410 25 (Juror excused.) 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 80
2
3 (Recess.)
4 - - -
5 (The following proceedings were
6 reconvened in chambers with the Court,
7 Mr. Steele, Mr. Ryan, Ms. Gibbons-Feden,
8 Mr. Vines, Mr. Mesereau, Ms. Bliss, Ms.
9 James, and the defendant being present:)
10 - - -
11 THE COURT: Where we going?
12 MS. BLISS: Your Honor, we believe that
13 we're ready to proceed with the third step that you
14 outlined in your e-mail.
15 THE COURT: So I'm going to revisit the
16 third step. So if we now have the person who allegedly
17 said it say they didn't say it and three people that
18 were in a room that I've described the size of the room
19 saying they didn't hear anything, if I go now with the
20 other ones, what -- other than I said that obviously
21 that's what we should do, what would be the purpose? I
22 mean, I have to be honest, I never had an idea that
23 we'd ever get that, but the way you vetted this person,
24 and once we got -- either, you know, one or two was
41, 25 going to happen, that he would admit it or these other 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 81
2 people would say they heard something that they didn't
3 say it in the courtroom.
4 Now we're just delaying proceedings.
5 I'm just not sure so I have to get all seven of them
6 before you'd be satisfied to move on? I just -- I've
7 really got to think that through. Do we have enough at
8 this stage for the Court to make a ruling? I mean, at
9 this stage, I've got to get and find out, you know,
10 have they been exposed to anything else, anything like
11 that. But, you know, I just -- I mean, you would
12 insist on all seven; right?
13 MS. BLISS: We are satisfied that given
14 the incredibly serious issues here that have been
15 raised --
16 THE COURT: But raised by one person.
17 One person. And I'm not -- I mean, I don't know her.
18 I don't know anything else. But now I have to at least
19 go to the stage that we talked about in there, do I let
20 Mr. Steele begin to try to find out, Is there motive?
21 Is there any bias? Is there anything else in why she
22 would make such a statement that is now denied by four
23 people, including --
24 MR. MESEREAU: Well, Your Honor, it
411 25 wasn't full denial. The subject juror that she 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 82
overheard, we watched him hesitate. We watched him try
3 and collect his thoughts and we watched him say at one
4 point, "Not that I recall." And that was --
5 THE COURT: Mister I can't get into
6 it, but I was in the same room as you. So at this
7 stage, your view, their view, my view, I've got to make
8 determinations. You arguing your view is of no help to
9 me. I heard him. I mean, I've seen jurors. I have
10 seen witnesses. I've seen people. I am not going to
11 draw the same conclusions that you're drawing. If
12 you're saying that's your sole reason because of the
13 juror, where three other people didn't hear it -- so,
411 14 clearly, we can at least say at the basis of it is that
15 it hasn't affected anybody else on the jury pool
16 apparently for something they didn't hear.
17 MR. MESEREAU: Well, from our point of
18 view, watching him hesitate, watching him roll his
19 eyes, watching him --
20 MR. STEELE: There was no eye -rolling.
21 MR. MESEREAU: -- couch his answer in
22 terms of, "Not that I recall," was very pregnant with
23 meaning to us. And we only have to find a reasonable
24 suspicion that this juror behaved improperly to face
411 25 the prospect of an unfair trial -- 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 83
2 THE COURT: All right. But are you
3 saying --
4 MR. MESEREAU: If he's not removed.
5 THE COURT: All right. But you're
6 saying that what you observed by his answers, which
7 were clear in the end -- I can bring him back again and
8 ask him again under oath so you can watch him again,
9 but is that what you're saying is a reason then to go
10 to another stage of other witnesses? That's all. Or
11 are you going to say, even if we were to interview
12 other witnesses and they all said they didn't hear
13 anything, you're still going to make the argument that
14 this juror should be removed? Is that a fair
15 statement?
16 MR. MESEREAU: Yes, Your Honor.
17 THE COURT: Then why are we getting to
18 that?
19 MR. MESEREAU: Because we think he's not
20 telling the truth. We think his obvious hesitation,
21 his rolling of his eyes, his couching his answer in
22 terms of, "Not that I recall," was pregnant with guilt.
23 THE COURT: Guilt?
24 MR. MESEREAU: And we think --
25 THE COURT: There's no -- 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 84
2 MR. MESEREAU: -- he could have affected
3 other people.
4 THE COURT: I understand, but don't
5 throw phrases like guilt, meaning -- you know, I've
6 just interviewed five witnesses. And at this stage,
7 you know -- so I can bring him back and make sure that
8 he was clear on his answers and you can watch him
9 again, but I'm stopping it. No matter what I do -- and
10 this is what I'm asking counsel. No matter what I do,
11 whether I bring him back or whether I permit them to
12 cross-examine your witness, the witness who came and
13 gave statements to you, whether we get into that,
411 14 whether I do all of that and bring in witnesses for
15 tomorrow,, you are still going to make the motion to
16 have this juror stricken simply because the issue --
17 there is suspicion. So why are we doing all that?
18 MS. BLISS: What about this, Your
19 Honor --
20 THE COURT: What are you going to give
21 me?
22 MS. BLISS: What about this, Your Honor:
23 Why don't you bring him back and tell him that a juror,
24 a potential juror in the room heard him say that, and
25 under oath, is he still denying that he made that 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 85
2 statement?
3 MS. FEDEN: And make sure that --
4 THE COURT: Not denying it.
MS. FEDEN: -- three others --
6 THE COURT: Not denying it because then
7 I have to bring the other three --
8 MS. BLISS: Well, they didn't hear it.
9 THE COURT: Right. That's what I'm
10 going on.
11 MS. BLISS: Obviously, the banker didn't
12 hear anything at all.
13 MS. FEDEN: But the individual who was
410 14 closest to him --
15 THE COURT: Well, hold on. Hold on. If
16 I bring the juror back and make a claim that somebody
17 said that they heard him saying it, and you're under
18 oath, did you say it, and he says no, are you still
19 going to renew your challenge? Because if not, we're
20 still at that stage where, you know -- and where I have
21 to bring in all the other ones that were in the room to
22 begin to say, you know -- but you're still going to say
23 his facial expression and the fact that the non -
24 cross -examined proponent said it, that the reasonable
25 suspicion is there that I'm compelled under law just 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 86
2 because you raised it in a motion and because your
3 proponent said it happened, I would have to remove him.
4 MR. MESEREAU: Well, you kept
5 questioning him --
6 THE COURT: I got that. I'm asking
7 him -- I got all that.
MR. MESEREAU: And we saw what you saw.
9 THE COURT: Really, I know. But based
10 upon what you saw, no matter whether I bring him back
11 again, based on what you saw and what your proponent
12 has said, you will still make the challenge; correct?
13 MR. MESEREAU: We will.
14 MS. BLISS: We have to.
15 THE COURT: You will not withdraw this
16 challenge if we hear from seven more witnesses or
17 anything like that. You're just not satisfied with
18 either whether they're telling the truth or simply the
19 fact that somebody went to your people, meaning your
20 secretary or your administrative assistant and your
21 investigator and said these things and then said them
22 again here is enough.
23 MR. MESEREAU: We think she was very
24 truthful, very restrained, very professional, and very
25 detailed in her answers. She contacted us. We didn't 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 87
2 go out and contact her. She initiated all this. And 411 3 we think she's trying to be very truthful. We think
4 she is truthful.
5 We think he showed obvious discomfort
6 and hesitation with your questioning to the point where
7 instead of being emphatic about what he said and
8 specific, he suddenly changed his demeanor, rolled his
9 eyes, and said, Not "that I recall." And that was
10 pregnant with meaning and pregnant with suspicion as
11 far as we're concerned.
12 THE COURT: I heard it. I got it. And
13 that will lead you, in any event, even if I bring him 411 14 back again, if I make the claim to say, Okay, somebody
15 who was in the room just said that they thought that
16 they heard you say that, okay, so now that he knows
17 that, Did you say it, and he says no, you will still be
18 making the same claim; correct?
19 MR. MESEREAU: We will. We will.
20 THE COURT: But then I'll have more
21 evidence. Then I'll do what you want me to do. So it
22 will give him a chance again under oath to say whether
23 he said it again. And then I'll rule on whether I'm
24 going to go any further.
25 MR. MESEREAU: Or did he -- ask him if 88 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 did he even joke about it.
3 THE COURT: You didn't want me to ask
4 that before.
5 MR. MESEREAU: Well --
6 THE COURT: She didn't want me to ask it
7 before.
8 MS. BLISS: Well, I didn't want you to
9 suggest it as an out because I, frankly, didn't think
10
11 MR. RYAN: Now you're suggesting it.
12 THE COURT: Now you're suggesting I
13 should do it. I get all this. But, look, what are you
14 going to say is going to help the proceeding?
15 MR. STEELE: Okay. A couple things,
16 Your Honor. We're very comfortable with the record at
17 this point and what has been created. You asked him
18 that question up front. You asked him again in a
19 different way. And he said, I don't recall that.
20 MR. RYAN: He said no first.
21 MR. STEELE: Right. He said no first.
22 Then you asked him again and he said no emphatically.
23 All three of those things. And for this to go on to
24 say oh, his gestures and rolling his eyes, I saw none
25 of that. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 89
2 MS. BLISS: He changed his answer.
3 MR. STEELE: I saw none of that.
4 MS. BLISS: He changed his --
5 MR. MESEREAU: If you --
6 MR. STEELE: If you don't let me
7 speak --
8 THE COURT: You got to let -- we got to
9 at least have some civility here. You can't interrupt
10 him while he's speaking, and I will make sure he
11 doesn't interrupt you while you're speaking so we can
12 at least get through this.
13 Look, I'm going to bring the juror back
14 and I'm going to ask him the question directly.
15 MR. RYAN: Can you tell him that three
16 other jurors, selected jurors, have said that they
17 didn't hear him say it?
18 MR. MESEREAU: No. That doesn't help
19 the dialogue at all.
20 MR. RYAN: It doesn't help your
21 dialogue.
22 MR. MESEREAU: It doesn't help --
23 MS. BLISS: Listen, we're --
24 MR. MESEREAU: -- allay our suspicions
25 at all. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 90
2 MS. BLISS: -- we're trying to get a
3 fair trial here.
4 MR. STEELE: That's why this shouldn't
5 be brought back.
6 MS. BLISS: That's all we're interested
7 in.
8 THE COURT: I'm going to ask, Ms. Bliss,
9 when you do speak, you don't keep -- we are all trying
10 to get a fair and impartial. We are all doing it.
11 MS. BLISS: Judge --
12 THE COURT: That's why I wanted to do
13 this some other way. Just, please. I'm only asking
14 everybody to please stop saying that we're trying to
15 get -- we're all doing that.
16 MS. BLISS: Judge, I wasn't allowed to
17 finish what I was saying. Because this involves juror
18 misconduct, it's not like an adversarial hearing.
19 THE COURT: So far a non proven juror
20 misconduct. It's an allegation of someone whose not on
21 our jury. So I'm going to bring that person back and
22 I'm going to at least ask that one question.
23 MR. RYAN: May I just make one more
24 point? And I don't mean to interrupt you.
25 THE COURT: Yes. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 91
2 MR. RYAN: I think there's nothing more
3 important than what Ms. Bliss just said which is that
4 we're dealing with a juror issue that should be a
5 non -adversarial proceeding. And to have a judge who's
6 robed confront an individual in a fashion they're
7 suggesting, to me, seems adversarial.
8 THE COURT: Mr. Ryan, if he says after
9 my question I said it, isn't that what we want to make
10 sure we got?
11 MR. RYAN: You've already asked him.
12 THE COURT: I got you. But this is
very -- I'm telling you it's adversarial. I wish that
it wasn't. But I'm telling you right now, if he says
15 yeah, I said it, wouldn't you want to hear him say
16 that?
17 MR. RYAN: I've already heard him say
18 that he didn't.
19 THE COURT: Okay. Wouldn't you want to
20 hear him say it?
21 MR. STEELE: Can we read back the record
22 on that?
23 THE COURT: I don't need to. I can ask
24 a question such as that. It's probably an appropriate
41, 25 follow-up. I want to know, too. Maybe he's given it 92 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 some thought. It's really important. Let me the
3 question. Bring back 11.
4 (Juror Number 11 entered the courtroom.)
5 BY THE COURT:
6 Q Hi. You're back again --
7 A Yes, sir.
8 Q -- and we're just trying to determine -- so I just
9 wanted to make sure that -- you know, that you had been
10 under oath, right, all your answers?
11 A Yes.
12 Q And just ask you one. There had been a claim by a
13 person who was a prospective juror in the room that you
14 made a statement that, again, I just think he's guilty,
15 so we can all be done and get out of here. Now that
16 you've heard that, does that change your answer at all?
17 Did you make such a statement?
18 A No.
19 Q You did not?
20 A No.
21 Q Thank you very much. You may step out.
22 (Juror excused.)
23 THE COURT: All right. The only inquiry
24 we have to go further as far as this Court's concerned
25 is as to whether there's any need to further allow the 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 93
2 Commonwealth to again to make any questions under oath
3 of the potential Juror Number 9.
4 Although suggested in there, I believe
5 it would be not required at this stage because this
6 juror has denied making it even when confronted with a
7 claim that someone else heard it. I'm not at this
8 stage prepared to read anything into any juror --
9 potential juror's facial expressions as to why they
10 answered a question in the negative, how they answered
11 it.
12 So I will not be proceeding, despite the
13 fact that I put it in there. I did not know that we
14 would get to this place. I didn't -- I thought that
15 if, in fact, this juror said it, he would under oath
16 say it. I think involving prospective jurors at this
17 stage, are not members of the panel would go no
18 further.
19 So I'm prepared to move forward with
20 this if you want to begin your argument regarding why
21 you believe that by your witness who made testimony,
22 that that alone is simply enough, the fact that she
23 raised it and four people didn't -- you know, one
24 denies saying it and three others denied hearing it.
25 If you still want to make your argument, 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 94
2 you may make your argument. The Commonwealth can make 411 3 their argument.
4 Does the Commonwealth have any other
5 need to cross-examine the prospective juror in regards
6 to what you had indicated were motive or the timelines
7 or anything like that?
8 MR. STEELE: I think we can simply do
9 that in argument as an offer of proof.
10 THE COURT: Okay. It's just argument.
11 It's no facts. So the facts are her testimony. That's
12 it.
13 MR. STEELE: Well --
14 THE COURT: Well, the facts are her
15 testimony. You were the ones who said, hey, I got this
16 or I got that in order to say she might have a motive
17 for doing this. She might have, you know, a motive for
18 saying this happened. You said it. I don't know
19 anything about it.
20 Right now I'm accepting part one and
21 part two as stated, that, again, how it occurred.
22 These individuals on the defense team were with me when
23 this stuff was occurring. So short of bringing in two
24 other individuals that are just saying, This is what --
25 I don't think anybody has any doubt that this person 95 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 may have called and made that statement to them. I
3 don't have any doubt that they followed up on it. So
4 hearing from them isn't going to add anything for me.
5 MR. STEELE: Understood.
.6 THE COURT: The only thing that can be
7 done is your cross-examination to expose something
8 else. I mean, I'm not going to --
9 MR. STEELE: That would be on the
10 prospective juror, not on --
11 THE COURT: Huh?
12 MR. STEELE: That would be on the
13 prospective juror, not on -- not on --
14 THE COURT: Right. The question is: Do
15 you have any further questions for the prospective
16 juror before we commence argument?
17 MR. STEELE: Your Honor, I could ask her
18 a few questions.
19 THE COURT: Can you preview them for me
20 so we're not going down a pathway that we can't retract
21 ourselves from?
22 MR. STEELE: I can. We have -- first of
23 all, in terms of how this was handled and what came
24 about with her and the defense's denial of what was
25 said, as opposed to what she indicated that was said COMMONWEALTH vs. WILLIAM H. COSBY, JR. 96
about not -- not -- or being told that she wouldn't --
if she signed the paper, she wouldn't have to come in,
there is also --
5 THE COURT: So you want a question, Were
6 you told that if you signed this paper, you wouldn't
7 have to testify? She already said that.
8 MR. STEELE: She did say that, Your
9 Honor, but exploring that, exploring that area.
10 THE COURT: Well, I don't want to -- I'm
11 not interested -- you know, we're here for the trial of
12 Mr. Cosby, not an investigation of Potential Juror
13 Number 9 and whatever her reasons.
14 MR. STEELE: Your Honor, in terms of
15 some things that were mentioned earlier by the defense,
16 the defendant has a fraud arrest -- prospective juror,
17 I'm sorry, has a fraud arrest.
18 THE COURT: How is that relevant right
19 now to motive?
20 MR. STEELE: It's relevant in that she
21 was given a diversionary program. However, part of
22 that sentence was -- was, among a number of other
23 things, was community --
24 THE COURT: Is she currently on it?
25 MR. STEELE: No. But community service COMMONWEALTH vs. WILLIAM H. COSBY, JR. 97
2 with our office. It was relevant on that.
3 THE COURT: She had issues with her
4 community service?
5 MR. STEELE: No. She had to do
6 community service with our office. Further, the police
7 have recently been at her house to speak with her. We
8 believe that she is operating under an alias, has
9 addresses in Montgomery County and in Philadelphia
10 where she is receiving and listed under the Department
11 of Human Services. The police have been to her home to
12 speak to her.
13 THE COURT: There's an ongoing
14 investigation?
15 MR. STEELE: Under a case that we have
16 the witness here to identify her in a crime that she
17 has committed.
18 THE COURT: That crime?
19 MR. STEELE: Correct.
20 THE COURT: You have a witness here?
21 MR. STEELE: Correct.
22 MS. BLISS: Your Honor, if I may
23 respond?
24 THE COURT: Look, I'm going to ask her
25 the question about, if you signed, you wouldn't have to 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 98
2 come to court, again to make sure I was clear on her
3 answer. I am not going down a road of where -- you
have given more than enough reasons of why you may have
5 exercised a race -neutral challenge peremptory challenge
6 and I'm assuming that that's what was discussed. But
7 someone who got ARD and may have had to do community
8 service or being under an active investigation, I'm not
9 going to get into that.
10 MR. STEELE: Well, if we're talking
11 about --
12 THE COURT: You've made it known --
13 MR. STEELE: -- if we're race -neutral
411 14 reasons, there were --
15 THE COURT: I'm not talking --
16 MR. STEELE: -- were a number of other
17 things.
18 THE COURT: I understand.
19 MR. STEELE: This was not --
20 THE COURT: You've just given me -- I
21 was not privy of it. I'm just simply saying that I'm
22 not going to get into that now because at that stage,
23 she could be, you know, even with her lawyer here.
24 This is not an investigation. If she gives a statement
25 under oath regarding your ongoing investigation, that 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 99
2 is not the intent and purpose of what we're doing. I
just want to make sure that if she was told she would
4 sign it, she wouldn't have to come to court, and leave
5 it at that. And then I'm ready to move on.
MR. STEELE: Okay.
7 THE COURT: Okay. Bring her in.
8 (Prospective Juror Number 9 returned to
9 the courtroom.)
10 BY THE COURT:
11 Q Hi. We're almost finished. I just wanted to be
12 able to say goodbye to you and just ask you one final
13 question. You had made a statement -- I just wanted to
411 14 follow-up -- that you were told if you signed that
15 declaration, you would not have to come to court; is
16 that correct?
17 A Correct.
18 Q Do you remember who told you that?
19 A One of the private investigators. He said that he
20 cleared it with -- I'm about to mess these people's
21 names up, so I'm sorry. He was in a room and he
22 said -- I'm going to say her name is Betty. It might
23 not be Betty. I don't know.
24 Q Becky?
25 A Might be. I'm not going to sit there and lie. He 100 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 said like this would be -- so you could pull -- they
3 could make a motion to do whatever they have to do with
the jurors, whatever, but that would basically be it.
5 So when he called back, he apologized.
6 It was like, Well, you know, this is the last thing and
7 I said this wouldn't happen and it did happen.
8 Q Of you having to come back?
9 A To have to come back.
10 Q But their investigator said when you signed the
11 statement, you wouldn't have to come back?
12 A Correct.
13 Q All right. Thank you very much. At this stage,
14 the Court -- now, I'm going to ask you to step out, but
15 I think we're done. You're free to go with
16 Mr. Donoghue and go about your life. And I really
17 appreciate you coming in and telling us what you've had
18 to tell us. And we'll go from there. But it's one of
19 these step out, let me make sure I've cleared it with
20 everyone else because I'm going to be releasing you as
21 a witness at this stage. Okay?
22 A And I stay completely confidential?
23 Q I know what I'm going to do.
24 A Look, I'm not -- I don't want my name out there.
25 You can just say it was a woman, like -- 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 101
Q I, know what I need to do, but I -- 4111 3 A Okay.
4 Q -- cannot control everybody here. Okay? Just,
5 you know, I've told them that my process is meant to
6 keep you only as Prospective Juror Number 9.
7 A Okay.
8 MS. BLISS: That's all it's been.
9 THE COURT: Thank you.
10 THE WITNESS: All right. Thank you.
11 MR. DONOGHUE: Thank you. We'll wait
12 for the final release.
13 THE COURT: Just kind of go out that 410 14 door and get ready to move. I mean, I've asked all the
15 questions I needed to ask.
16 MR. DONOGHUE: Okay. Thank you.
17 (Jury excused.)
18
19 THE COURT: Any objection? I'm going to
20 release her.
21 MR. STEELE: No.
22 THE COURT: All right. She's released.
23 Okay. Let's make argument at this stage.
24 The Court, despite its letter, I feel
25 that there is enough at this stage, at least from what 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 102
2 we did hear --
3 MS. BLISS: Sorry, Your Honor. Just
4 trying to think this through so as to save any time.
5 think prior to argument we do need to move for a
6 mistrial.
7 THE COURT: Mistrial? We haven't sworn
8 these jurors yet. You can't have a mistrial because we
9 haven't sworn anybody yet. We haven't taken any
10 testimony. This trial hasn't commenced.
11 MS. JAMES: Well, Your Honor, we would
12 object to going forward without questioning the other
13 people in the room because we do have a sworn statement
411 14 from a witness saying that this statement was made.
15 THE COURT: You have a statement. You
16 do not have a sworn statement.
17 MS. JAMES: She swore under oath here
18 today.
19 THE COURT: Understand that. This
20 statement you're talking about?
21 MS. JAMES: Yes.
22 THE COURT: I'm talking about the
23 reasons in which you brought this in a motion. I just
24 want to make sure I keep them separated in my mind.
25 So your position is now that if we don't 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 103
2 interview nonjurors I want to get to the place to
3 where we interview the 18 jurors that we have to make
4 sure that over this overall process, they haven't been
5 exposed to any information and that they can be fair
6 and impartial and, when given that oath, to
7 discharge their -- that's where I'd like to get.
8 But in order to protect your client's
9 rights, you're now moving for a mistrial -
10 MS. BLISS: Yes.
11 THE COURT: -- in a case where we have
12 not sworn this jury. And the reason for the mistrial
13 is?
411 14 MS. BLISS: Juror misconduct. And the
15 statute section --
16 MR. RYAN: May I just briefly respond?
17 THE COURT: I'm going to hear it, but
18 that's your overall -- I want to hear the argument -- I
19 want to hear the argument regarding the juror
20 misconduct and what -- you did not make that motion in
21 your motion.
22 What you did in your motion was say that
23 we need to conduct a hearing, and then we would need
24 to -- I believe Mr. Mesereau wrote later, canvass the
25 jury to see how they were exposed, and then we would COMMONWEALTH vs. WILLIAM H. COSBY, JR. 104
2 have to somehow at that stage -- you never said that
3 simply -- because where you're standing, it appears to
4 the Court, is the fact that someone came in here and
5 said that, that's enough to have a mistrial. You
didn't ask for a mistrial in your motion.
7 How do you now get to the place to where
8 you want a mistrial?
9 MS. BLISS: To preserve the record.
10 THE COURT: All right.
11 MS. BLISS: That's the reason why I just
12 want to make sure on the record that that motion was
13 made.
14 THE COURT: Let's have an argument the
15 first before I get -- but I just want to make sure, you
16 are supplementing your motion to say not just -- the
17 removal of Juror Number 11 is not sufficient. You're
18 now saying if I don't remove Juror Number 11, you're
19 kind of getting the part -- I haven't made my decision
20 yet. I haven't had argument. But if I don't remove
21 Juror Number 11, then you will a motion for mistrial
22 following that.
23 MS. BLISS: Understood, Your Honor.
24 THE COURT: It's not something new that
25 I'm just hearing about. It's if -- if we either don't 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 105
2 hear from the remaining seven -- and even if we did 410 3 hear from the remaining seven and they were consistent,
4 you would still say remove Juror Number 11. And if we
5 did not remove Juror Number 11, then you would make a
6 motion for a mistrial?
7 MS. BLISS: Correct.
8 THE COURT: All right. Let's get to
9 that argument. We might as well have it here so we're
10 just not, you know, again, potentially affecting any
11 other jury pool. So whoever's lead for the defense.
12 MS. JAMES: Your Honor, we would
13 maintain that Juror 11 should be excused for cause.
411 14 There's been credible testimony from a witness that he
15 made an improper statement expressing both his opinion
16 of guilt and not regarding the Court's instruction not
17 to talk about the case. And it was also inconsistent
18 with the answers he gave during voir dire when he said
19 he did not have an opinion, did not have a fixed
20 opinion. And so that would also indicate that he's
21 given a false answer during voir dire.
22 The witness who came forward, she had
23 been excused from the jury. She had no interest in the
24 case. She came forward on her own. She was not
25 approached by the defense, but came forward on her own 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 106
2 because she just felt it was the right thing to do.
3 She came in here and she swore under oath that this
4 happened. I mean, I think that creates a significant
doubt about the fairness and impartiality of this juror
6 and I think the jury as a whole.
7 Unlike many situations, this is a
8 situation where the Court has to have absolute
9 certainty. This is not, Well, we think it's okay or we
10 kind of maybe we weigh it, the preponderance or -- this
11 is a situation where the Court has to know for sure
12 that we have a fair and impartial jury. And with the
13 doubt that's been created on this record, I don't think 411 14 the Court can have that certainty. I don't see how the
15 Court could have that certainty, certainly not without
16 talking to the other jurors, the other prospective
17 jurors who were in the room at that time.
18 So the Court procedurally was correct in
19 its initial analysis in thinking that if we get to the
20 point that we have a he said/she said, and the other
21 jurors who were -- the other selected jurors who were
22 in the room did not say -- did not hear the statement,
23 then we have to go on and see if anyone else heard the
24 statement because --
25 THE COURT: Let me make sure. That's 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 107
what I was questioning. I'm going to let you go on
3 with the argument. You said even if they were to say
4 that they did not hear it, these other jurors if we
could get them -- and you're saying that you want them
6 all -- you would still at that stage move to remove
7 Number 11 and still move for a mistrial.
8 So, I mean, I understand your position.
9 It's whether four people say that he didn't say it,
10 whether it's eleven people say he didn't say it, your
11 position is -- and I think we need to focus on that --
12 is that the fact that one person said it, that he said
13 something he denies saying, that that is enough to
4, 14 remove that juror, the fact that someone said it.
15 And so I think we just go on the
16 argument like that, that your position is those other
17 ones aren't relevant as to the fact that if one person
18 said he said it, that that invokes this Court's, you
19 know, obligation to remove the juror who denies saying
20 it from the panel, if I hear your argument correctly.
21 MS. JAMES: Right, Your Honor. Let me
22 start there. Our position is there is enough evidence
23 on this record right now because we have a credible
24 witness who has said she heard this statement. The
25 Court has enough right now to strike this juror. 108 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 So, no, we do not think that you have to
3 go further and interview other people in the room
4 because you have enough to strike the juror. However,
5 if the Court is not inclined to strike the juror, which
6 the Court has indicated it's not --
7 THE COURT: I haven't indicated anything
8 yet.
9 MS. JAMES: So let me just -
10 hypothetically, if the Court were not to excuse the
11 juror on this record, then we would say the Court
12 should proceed to Step 3 as it initially had indicated,
13 which is to interview other people who were in the
411 14 room.
15 THE COURT: And I asked you to say if
16 the other people were all to indicate they did not hear
17 it, you would still renew your original claim that the
18 juror should be removed because of perspective.
19 So, although mentioned by the Court in a
20 unique and unusual circumstance in responses to letters
21 going back and forth, the Court, feeling that maybe we
22 had a procedure. But as it has unfolded today, okay,
23 you've just made the perfect reason why I shouldn't do
24 it because it wouldn't matter if seven more said we 0 25 didn't hear it. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 109
2 MS. JAMES: But it would certainly
3 matter if someone else said they did hear it. So, I
4 mean, if we assume that none of the other jurors heard
5 the statement, none of the other prospective jurors
6 heard it, yes, I would think we would probably still
7 make the argument. Although we're out in the future
8 now, we probably would make the argument that still
9 that juror should be excused.
10 But we don't know what those other
11 prospective jurors are going to say. If one or more of
12 them come in and say, Yeah, I heard it too -- and,
13 remember, they don't have any incentive to lie.
14 The people who are here, particularly
15 Juror Number 11, is put on the spot. He knows he's
16 going to be saying that he did something wrong.
17 mean, he's got a reason to protect himself.
18 Those jurors who have been not been
19 seated -- or not been selected, excuse me, have -- you
20 know, are more reliable. They don't have anything to
21 lose from that. So I think it is necessary to talk to
22 the others who were in the room for the Court -- before
23 the Court can just say this juror can remain.
24 If the Court would be inclined to strike
25 the juror at this point, obviously, we'd have no 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 110
2 objection to that. But if the Court is going to keep
3 that juror, Juror Number 11, on this panel, we would
4 object to that without conducting a further inquiry of
5 the other people in the room.
6 THE COURT: Commonwealth?
MR. STEELE: If I may, Your Honor. I'll
8 start with the Tressler case on it because I think the
9 analysis is -- you know, goes to the fact and what they
10 found in that case which was even if there is a
preconceived notion or some thought along those lines,
12 you know, that doesn't make the juror ineligible. He's
13 sworn that he doesn't have a fixed opinion, that he
14 doesn't, you know, carry this, that he can be fair and
15 impartial. And that was asked numerous times.
16 And there's a quote in that case, "To
17 hold that the mere existence of any preconceived notion
18 as to guilt or innocence of the accused without more is
19 sufficient to rebut the presumption of a prospective
20 juror's impartiality would be to establish an
21 impossible standard. It is sufficient if the juror can
22 lay aside an impression or opinion and render a verdict
23 based upon the evidence presented in court," which
24 is -- which is what these people have all gone through.
25 This is the jury that we selected along COMMONWEALTH vs. WILLIAM H. COSBY, JR. 111
2 those lines. They've all indicated to you that you
3 could do it. I know that you have and will go through
4 each of these questions with them and in your
5 instructions reiterate this.
6 So to go down a track -- and, you know,
7 and they have indicated that they have a credible
8 witness to this. I would suggest you have otherwise.
9 You have asked a number of people to come in here,
10 including the person being accused of this statement.
11 You've brought him in twice. He has denied saying
12 that.
13 And I think significantly -- and I don't
14 know if this is clear on the record. You know, when
15 we're talking about the different positions of jurors
16 in this room, the accuser, Prospective Juror Number 9,
17 has indicated that she is on the opposite side of the
18 room when this statement supposedly is made.
19 You have brought in Juror Number 12 who
20 has indicated that he was sitting directly next to
21 where the person that supposedly made this statement
22 was standing. That person has denied it. That has
23 been emphatic from each of the people that were brought
24 in on this case. 0 25 So to say that they have a credible 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 112
2 witness that they've brought forward flies in the face
3 of the evidence that has been produced here this
4 morning. I submit to the Court that there is a variety
5 of reasons to question her credibility in how this came
6 in. That includes background. That includes current
7 cases. That includes what she seemingly is doing or
8 may be trying to do with all of these actions.
9 I suggest to the Court that based upon
10 all of that, you do not have a reason to take this any
11 further. This is simply another attempt to delay the
12 trial at this point, and we ask that we move forward.
13 MR. RYAN: And with regard to a
411 14 mistrial, Rule 605 plainly states that a mistrial can
15 only be declared when a prejudicial event occurs during
16 trial, which we are not during trial.
17 THE COURT: I'm sure they're going to
18 contend that if I seat the juror, then it's a
19 prejudicial event. But, again, that's not my
20 understanding of mistrial. I don't know why you used
21 that word. And it's simply we wouldn't swear this
22 panel and move on.
23 MS. JAMES: I have to reply, Your Honor.
24 THE COURT: You have to reply?
25 MS. JAMES: Yes, I do, on just a couple 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 113
2 of points. And I may have misspoken when I had spoken
3 earlier. The fact that other jurors in the room didn't
4 hear the statement doesn't mean it didn't occur. And
5 jurors may not have been -- one of the jurors
6 specifically said maybe I wasn't paying attention.
7 Jurors can listen to -- you know, have their headphones
8 in, paying attention to reading, doing whatever they
9 might be doing. That doesn't mean that the statement
10 didn't occur. And that's why we have other witnesses
11 who should be questioned. Just because three people
12 didn't hear or remember the statement doesn't mean it
13 didn't occur.
14 On the law, on a point on the law, the
15 case that the Commonwealth sent to the Court is a
16 post -conviction habeas case. And the decision, the
17 majority, was made based on the looking backwards with
18 a full record and determining whether that rose to the
19 level of prejudice.
20 This is a very different posture. We
21 are in a position right now where the Court needs to
22 make a decision whether this juror can sit and to fix
23 this before anything happens, before we have to ask for
24 a mistrial, before we have to get a new trial.
25 And I think, importantly, this issue is 114 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 critically important. In fact, if you look at the
3 dissent in that case, it specifically says, If these
4 statements had been made during the voir dire process,
5 there can be little doubt that these prospective jurors
6 would have been dismissed for cause. To rule otherwise
7 would certainly have resulted in palpable error on the
8 part of the trial judge.
9 So the Court, I believe, has indicated
10 previously and the --
11 MR. STEELE: Can you tell me where
12 you're referring to in the case?
13 MS. JAMES: Yes. It's at Page 934.
411 14 It's 584 A.2d at 934.
15 And then finally, Your Honor, just one
16 other point I should put on the record as to the issue
17 about the juror feeling she had been promised not --
18 that she would not have to come in.
19 THE COURT: Was that your name?
20 MS. JAMES: My name. I was not present
21 for the conversation between the juror and Mr. Ross,
22 but I would like to take --
23 THE COURT: Would Mr. Ross have used
24 your name?
25 MS. JAMES: I'm sorry? 115 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 THE COURT: Do we need to ask Mr. Ross
3 if he would have used your name when he told this
juror? Because it's unequivocal that this juror was
told at the time she signed a declaration, that you,
6 Mr. Vines, Ms. Bliss, and Mr. Mesereau attached to a
7 filing that she was told she would not have to come
8 into court when she signed a declaration?
9 So I just want to make sure, was it you
10 or not or should we inquire of your investigator as to
11 whose name he used? Because that witness who you're
12 asking me to rely upon for everything else made that
13 statement and used your name.
411 14 MS. JAMES: And I can state for the
15 record, Your Honor, Mr. Ross, before he went to meet
16 with her in person, came in and had her on the phone.
17 And I spoke to the juror directly over the phone.
18 THE COURT: You did?
19 MS. JAMES: I did. And I said I could
20 not -- she asked and he asked me, Will she not have to
21 come in? I said, I cannot guarantee that, and I told
22 her twice I could not guarantee that she would not have
23 to come in.
24 THE COURT: She testified here that
25 someone told her she wouldn't have to come in and 116 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 testify, to make a statement.
3 MR. STEELE: So you've just impeached
4 her credibility.
5 THE COURT: So we're clear, I mean, you
6 just -- that witness could not have been clearer. And
7 that is a big part of this Court's credibility decision
8 as to what she said regarding the very declaration.
9 MR. MESEREAU: She said Mr. Ross
10 apologized for giving her the wrong information.
11 That's what I heard.
12 THE COURT: Is that all you heard,
13 Mr. Mesereau? I just have to be clear. I heard her
14 clearly say he did say it. She signed the statement.
15 And then they called her back after they signed the
16 statement and after the statement had been filed with
17 this Court. So that's the way it went down.
18 And I've got to make rulings on
19 credibility of the record that I have. Again, the
20 Court is not -- if you can cite any kind of case law
21 that requires the Court to do a proposed inquiry that
22 hopefully would have made this case less impactful on
23 all jurors, but at this stage summoning in -- based
24 upon the posture of the defense in this case, summoning
41, 25 in the other seven jurors, although suggested by the 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 117
2 Court, at this stage would not be a proper procedure.
3 The evidence as it is now -- and, again,
4 this Court has assessed the credibility of this witness
5 together with everything that she said and now what
6 Ms. James just said and what you just said,
7 Mr. Mesereau, as far as what she was told before she
8 came in.
9 But the weight of this evidence here in
10 this case was three jurors that were in a room that
11 can't be anything more than 10 to 15 feet large all
12 denied saying it.
13 And, most importantly, and under oath,
14 twice at the request of the defense I asked him point
15 blank, Did you say it? Now, if he denies saying it,
16 there's no basis whatsoever under any record that
17 indicates that he said it and that he is lying to this
18 Court now, that he's not being credible.
19 So I had to make this call. I deny your
20 motion to remove Juror Number 11.
21 Make your motion for mistrial even
22 though it's not permitted under Rule 605. Are you
23 making a motion for mistrial although not permitted
24 under Rule 605?
411 25 MS. BLISS: Well, Your Honor, I would 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 118
2 have to take a look at 605, but as the Court very
3 properly observed, once the juror is seated, then the
4 motion would be made.
5 THE COURT: But it's not for misconduct
6 that occurred during the trial. That's what Rule 605
7 is.
8 MS. BLISS: You're seating a juror --
9 THE COURT: I am seating the juror, but
10 if you're going to say that the rule then says I have
11 to declare a mistrial based upon that, then there's --
12 you have to develop a --
13 MR. RYAN: I'm handing Ms. Bliss my
14 phone.
15 THE COURT: That's okay. I don't know
16 if -- handing counsel -- and this may be instructive
17 throughout the trial. Handing counsel something that
18 you have on a phone that is probably the rule is not
19 going to be instructive and probably will not convince
20 counsel that what you've handed them is correct.
21 And I say it for both sides. When they
22 hand you a case, I don't think anybody is going to
23 believe these are -- you are all highly experienced
24 advocates, and I only see in light of everything you're
25 doing is part of your advocacy. So please don't do 119 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 that in the future. It's not going to help her.
3 Does it change your mind --
4 MS. BLISS: Your Honor --
THE COURT: -- what you just saw?
6 MS. BLISS: -- as to the timing, as to
7 the timing for a mistrial, it doesn't -- I don't know.
8 I'd have to research it further, but I will.
9 THE COURT: Make your motion now. Make
10 your motion. Make it now as if the case is or the
11 rules envision this highly unusual situation that we
12 have engaged in. But at this stage, I am denying the
13 challenge to remove this juror and hopefully we can
411 14 just go forward. Make your motions.
15 MR. MESEREAU: Your Honor, with all due
16 respect, I think we have to file in the record your
17 correspondence over the weekend where you outlined a
18 procedure that you're not following. We came into
19 court this morning thinking that procedure would be
20 followed.
21 THE COURT: Instead of following it,
22 let's state it on the record and I'll acknowledge it.
23 MR. MESEREAU: We want to file it.
24 THE COURT: There's a lot of other --
411 25 MR. MESEREAU: We have to -- 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 120
2 THE COURT: Correspondence?
MR. MESEREAU: I'll look at it carefully
4 to see if there's any phone number and names. We'll
5 certainly --
6 THE COURT: But why would the whole
7 correspondence, everything that went in there -- you
8 may file the redacted portion of where it says how the
9 Court would like to proceed. Why would you put
10 everything else in there, Mr. Mesereau?
11 MR. MESEREAU: Because we have to
12 complete our record in the interest of the client.
13 THE COURT: What else is the record?
411 14 Just say -- I'm saying I'll read it directly into the
15 record from here. So, no, I'm not going to permit --
16 these are documents that you sent, the documents
17 that --
18 MR. MESEREAU: There were documents that
19 you sent, too.
20 THE COURT: I'm going to put in right
21 now what I did say.
22 MR. MESEREAU: Okay.
23 THE COURT: I'm going to put it into the
24 record.
411 25 This is pursuant to an e-mail that says, 121 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 If, in the event -- and this was again the Court laying
3 forward the procedure that so far that we have
4 followed. The Court said in an e-mail to counsel, In
5 an effort to try to somehow have an orderly process --
6 again, we are following that process.
7 I did say Number 3, If, in the event,
8 Juror Number 11 denies making the statement and, in
9 bold, Juror Numbers 9, 10, and 12 answer that they did
10 not hear the statement, we would then have to summon
11 April 3rd Potential Jurors 15, 65, 68, 81, 101 and 112.
12 Those potential jurors would then --
13 those potential jurors would have been in the same room
14 when 11 made the alleged and their testimony would be
15 important if it came to this scenario. Only when we
16 would be swearing -- only then would the swearing of
17 the jurors, opening statements, and witnesses be
18 delayed.
19 So I made that statement. And I will
20 redact everything else and put that into the record in
21 the form showing it was an e-mail that went out on
22 Saturday, April 7th.
23 Now, that's what I said in there. Your
24 position is that if the Court didn't follow that
411 25 suggested procedure -- because I do believe that you've 122 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 already demonstrated that you are confident in the
3 veracity of your proponent, of your witness, that
4 you -- and now I understand Ms. James has spoken to
5 this witness. So it's not --
6 Ms. Bliss, did you speak to this
7 witness?
8 MS. BLISS: I did not, Your Honor.
9 THE COURT: Did you, Mr. Mesereau?
10 MR. MESEREAU: I did not.
11 THE COURT: Ms. James did and Mr. Vines
12 did not. And an investigator -- so you stand for the
13 veracity of the witness.
14 MR. MESEREAU: We do.
15 THE COURT: So I'm making this decision
16 here today based upon what I've heard in terms of this
17 witness as well as three jurors and as well as -- so if
18 I'm in error for not following a procedure, then you've
19 preserved that, but I'll put that in there.
20 But based on the record that you have
21 put forward, I just don't think you've carried your
22 burden. That was never your procedure. If you can
23 find that -- which you won't, that there's some rule
24 that I have to inquire of these other jurors -- we have
41, 25 imposed upon these people that are not even part of 123 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 this panel. No other of those jurors volunteered to
3 come what your proponent said. Not one of them have
4 contacted this Court. You have never said that they've
5 contacted you or anyone else, that you have no reason
6 to believe that any of those jurors that I just said.
7 So if I said that, then I read this only
8 to set out what possibly could occur, but right now as
9 the record stands I see no reason to follow that which
10 is not a court rule or anything else. So I will make
11 it of record.
12 MR. MESEREAU: We think there is a
13 reasonable suspicion, Your Honor, and we think you led
410 14 us to believe these procedures would be followed up.
15 And with all due respect -- I really mean that -- I
16 have to look at this correspondence and figure out what
17 we need to file to preserve our rights because this is
18 such a serious issue. It's talking about the jury
19 possibly being infected.
20 THE COURT: Mr. Mesereau, I understand
21 your statement. Okay? What you're trying to do now
22 saying is if the Court does not call in these other
23 witnesses, follow these procedures, then you will need
24 to put this on the record. If the Court was to say
25 that if I called them in, would you still be making the 124 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 correspondence part of the record, which I said,
3 Counsel, that you should not be doing so because I
4 don't believe anything in your correspondence is
5 necessary. Do you?
6 MR. MESEREAU: I do because --
7 THE COURT: Why your correspondence?
8 MR. MESEREAU: Because my correspondence
9 was --
10 THE COURT: Mr. Mesereau, my
11 correspondence came before your correspondence. Before
12 it did. How would your correspondence in which you are
13 then going to state things about how you feel, how you
14 felt --
15 MR. MESEREAU: Yes.
16 THE COURT: You're going to state them
17 on the record where I've asked -- that's not what we're
18 really here for. I'm wondering why you would need to
19 do that. I've put the procedure on the record. But
20 are you saying if I call in these other jurors that you
21 will not make -- you will not make a contention that
22 the entire correspondence be part of the record?
23 MR. MESEREAU: You know, Your Honor, I
24 would have to look at it. But how can you --
411 25 THE COURT: Well, then I'll wait for you 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 125
to look at it. 410 3 MR. MESEREAU: We're criminal defense
4 lawyers. We have to make a record for our client.
5 THE COURT: And I want you to make the
6 record.
7 MR. MESEREAU: I'm not trying to
8 embarrass anybody.
9 THE COURT: I'm not saying you are, but
10 you just said what you wanted part of the record was
11 the Court's procedure. I'm willing to do that, what I
12 suggested. And now if I'm not following it, you have a
13 basis on the record to say, Judge, you're not following
14 your own procedure. I have put on the record why I
15 believe that there would be unnecessary delay. There
16 is potential prejudice to the jurors that have been
17 selected and not sworn.
18 Now, if I have to look -- I'm going to
19 go and research whether, because a Court makes a
20 statement, that they then must -- are required under
21 law to follow it. It's going to delay it. But I want
22 to make sure that you're saying -- what else would you
23 need from the Court's? Again, I don't need your
24 correspondence.
25 Do we agree with that? 126 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 MR. MESEREAU: No. I can't.
3 THE COURT: Okay. So that would not be
4 part of the record. So the Court's correspondence
5 setting forth the actual procedure I don't have a
6 problem putting into the record. I just did. It's the
7 record.
8 Does anybody disagree that that's what I
9 said?
10 MS. BLISS: No, Your Honor.
11 THE COURT: So I can't understand any
12 other reason that you would want everything in there.
13 Don't make me believe it's for something else because
14 it's all of us, all of us -- that's all I've ever meant
15 is all of us trying to solve an issue.
16 MS. BLISS: Your Honor, may I inquire
17 though? And they are here, but I think -- especially
18 since you're making a credibility determination, I
19 think it's important that at least the declarations of
20 Ms. Horvath and Mr. Beasley be included in your
21 analysis and also part of the record concerning your
22 decision here.
23 And the reason is this. You are making
24 a credibility determination about this juror. And I
410 25 think it's important for you to look at the timing of 127 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 these events and how they -- and how they occurred
3 because that does go to her credibility about coming
4 forward. Ms. Horvath can describe the tone of her
5 voice and what was going on with her, again going to
6 her credibility since that is important.
7 THE COURT: But that would be hearsay.
8 That would be hearsay.
9 MS. BLISS: It's not hearsay if it goes
10 to an excited utterance, if it goes to effect on the
11 listener. That it is not hearsay, Your Honor.
12 Furthermore, I would submit --
13 THE COURT: Effect on the listener
411 14 meaning --
15 MS. BLISS: Ms. Horvath, in going
16 through --
17 THE COURT: Well, I don't need that. If
18 you want to now take this and then put on your people,
19 you need to put Ms. James on because she was part of
20 telling a juror or at least allowing her name to be
21 used saying she did not have to come in here if she
22 signed a statement before that you filed your motion.
23 I want that on the record. The juror -- this person
24 said it and that needs to be on the record. So that's
25 all part of it. 128 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 I would prefer to move forward on this.
3 I'm only saying that based on what you have, but you
4 are persistent in that what you want first and foremost
5 for some reason is to interview all the other witnesses
6 who were in here. So that means I'd have to -- because
7 you made the claim, could we do it? Then I'll
8 determine whether the Court could do it.
9 But you're saying before I do that, your
10 ready to put Ms. Horvath on, Ms. James on, and your
11 investigator so I can find out a statement that she did
12 make, which was she believed she wouldn't have to come
13 in here and testify.
14 MS. BLISS: Well, she had already made
15 her statement --
16 THE COURT: She may have.
17 MS. BLISS: -- about what happened.
18 THE COURT: But under what
19 circumstances? If someone believes that they can make
20 a statement which is not under oath, which is subject
21 to the unsworn falsification to authorities
22 provision -- which Mr. Donoghue was not with her. The
23 only person who was with her was your investigator was
24 with her, and then she signed the statement based upon
25 something Ms. James apparently said, upon something she COMMONWEALTH vs. WILLIAM H. COSBY, JR. 129
2 believed that she testified here to. I just don't
3 really want to go to all that, but I will. I will.
We are going to break. I'm going to
5 have to allow this jury go to lunch. I have to
6 research your argument here and decide what I'm going
7 to do. I've got to research the argument.
8 But if we're going to do it, you're
9 going to maintain, you know, her credibility and you
10 want to call these other people, then we will end up
11 doing it.
12 And, again, I'm going to, you know,
13 require and request that it be in camera because this
14 stuff is so potentially -- what you want me to do now
15 with your investigators, you want all this information
16 out there in the public domain. I'll continue to do it
17 here.
18 MS. BLISS: I did not say that.
19 THE COURT: Okay. As long as we have
20 cross-examination, that will take the rest of the day
21 because you want a full and complete record.
22 MS. BLISS: Well, I think the chronology
23 is important, the fact that she made the statement once
24 and twice --
25 THE COURT: Okay. I will make a 130 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 statement to you if it helps.
3 MS. BLISS: -- then three times. I
4 think --
5 THE COURT: I am making my decisions
6 upon her under -oath testimony. Okay? I'm making my
7 decisions based upon her and everybody else's
8 under -oath testimony, not what she's completed in there
9 and not the timeline of events. Just what she said
10 here. That's all.
11 I'm making no other -- whether -- again,
12 you have come back to your basic argument. And I wish
13 we could just make it and ultimately move on, whatever
14 you're reading into me saying. But it doesn't matter
15 what we do from here on in, you are the -- her
16 testimony, you are going to base that solely as the
17 reason I should remove Juror Number 11. You've said it
18 over and over again. That's the reason to remove Juror
19 Number 11, no matter what anybody --
20 MR. MESEREAU: We've added more to that.
21 We've said that the juror who is alleged to have made
22 the improper statement hesitated in response to one of
23 your questions, rolled his eyes and said, I don't
24 recall.
25 THE COURT: I do not agree with what 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 131
2 you're saying. That is your perspective. Just so you
3 know, the Court, I didn't see it, which is why I
4 granted Ms. Bliss's request to bring that witness back
5 again and ask him and even do something that I didn't
6 want to do that you did not want me to do in the
7 beginning, and that is to say that there has been a
8 charge that you did this, that somebody actually heard
9 it.
10 So I've done everything you want. I'm
11 just questioning that even if we do all this, you're
12 still going to want that juror removed solely because
13 of her testimony here today.
14 MS. BLISS: Yes, Your Honor. And
15 actually, I just didn't want you to suggest to him that
16 he was joking to give him an out.
17 THE COURT: I understand. But I wasn't
18 allowed to ask a contextual question. You then asked
19 me to ask a contextual question.
20 MS. BLISS: I did.
21 THE COURT: I did it. You've made a
22 great record. You really have. But if you don't want
23 me to rule because you're insisting on putting on
24 Ms. James, the investigator, and, for whatever reason,
25 because you think it will add to whatever she testified 132 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 to here under oath --
3 MS. BLISS: Well, I think the timing --
4 THE COURT: -- then we'll do it and
5 continue this on because you're saying I can't close
6 the record now.
7 MS. BLISS: No. Your Honor, the timing
8 and the reason why these events unfolded are important
9 for a full record that we need to make. It shouldn't
10 be a stand-alone as to what happened here today, but
11 how it happened to come to this date where we heard
12 these things. You can't just look at it as a small
13 container.
411 14 THE COURT: Well, then I'm going to tell
15 Mr. Donoghue that we will need that witness back again.
16 It's still your witness because there may be things
17 that are said that I'm then going to have to question
18 her based upon your continuation.
19 I'm trying to make this where we can get
20 a really sufficient record, but we've got to contact
21 Mr. Donoghue. She's going to need to be here to now be
22 inquired.
23 You want the rest of the record. I have
24 no reason, again -- especially hearing what Ms. James
25 said, I need to -- I still don't need to go forward 133 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 because she said what she was told. But now you're
3 going to put all these witnesses on there. I need her
4 back.
5 MS. BLISS: It's apples and oranges,
6 Judge.
7 THE COURT: I will do what I need to get
8 Mr. Donoghue to get that witness because she now has
9 counsel. I will get her back. We will have to send
10 the jurors back at this stage.
11 I'm not saying at this stage I'm
12 committing to go to the rest of the jurors. We've put
13 on the record what we've said. I'm not saying we're 411 14 going that way. I think you've made enough of a
15 record, but I won't tell you what you need to do. So
16 please have those witnesses. We have to excuse them.
17 Do you want to come into the room with
18 me when I excuse them for lunch or is it sufficient for
19 me to say that we're going to send them to lunch and to
20 the hotel until we can resolve these issues?
21 MR. MESEREAU: I think it's okay if you
22 do it.
23 MS. BLISS: Yeah. That's sufficient for
24 us.
25 MR. STEELE: I'm just trying to figure COMMONWEALTH vs. WILLIAM H. COSBY, JR. 134
2 out timing.
THE COURT: Timing is probably -- with
4 what they're planning on putting on in evidence that
5 they now feel they have a right to do so, for some
6 reason --
7 MR. STEELE: Okay. I'd suggest they
8 don't. It's in their filings. They have the
9 affidavits.
10 THE COURT: As long as you're saying,
11 Judge, you may take the declarations of these other two
12 people as if -- that I may take them in there, I will.
MS. BLISS: That's all I was trying --
THE COURT: Well, then you need to ask
15 him. You need to ask him whether he can.
16 MS. BLISS: If he has no objection --
17 MR. STEELE: I don't have an objection.
18 MS. BLISS: -- then that's all we need.
19 THE COURT: So I can consider those,
20 too.
21 MS. BLISS: Yes. The timing of the
22 events to create a full record.
23 THE COURT: I will read them with the
24 addition now that she did say that she had spoken to
25 Ms. James. I don't know whether you need to do a 135 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 declaration about what you did. And I did not know
3 what you had done. I thought it was all the
4 investigator. I did not know you had talked to a
5 witness in this case. That is important.
6 MR. STEELE: And I think, you know, at
7 least from our perspective, Ms. James made her
8 representations on the record. She's an officer of the
9 court. I don't know that we need to have a
10 declaration.
11 THE COURT: I'm trying to take the
12 defense with what they're asking me to do.
13 MS. BLISS: Certainly, Your Honor. And
14 just to be clear, I only suggested that Ms. Horvath and
15 Mr. Beasley are here because you seemed, at least in my
16 impression -- forgive me if I'm wrong --
17 THE COURT: You are wrong.
18 MS. BLISS: -- disinclined --
19 THE COURT: I'm going to tell you right
20 now before you do it because every time you say this --
21 my disinclination has nothing to do other than it is
22 turning into the motion. He has solved the issue. He
23 says we have no objection to their declaration now
24 becoming part of the record.
25 That's all I've ever asked, that if 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 136
2 you're going to put something in a motion, this is what
3 happens. I'm trying to prevent that. I'm trying to
keep it as narrow as we can. I've got what I need.
5 If their statement now is that Ms. James
6 is saying to the Court, I spoke to this witness before
7 she signed the declaration and that -- I have to see,
8 you know, what does the investigator say about that?
9 Does he say anything about this?
10 MS. BLISS: Mr. Ross didn't do a
11 declaration, Your Honor. It was Mr. Beasley who spoke
12 to her.
13 THE COURT: Oh, Mr. Beasley. Is he
411 14 here?
15 MS. BLISS: Mr. Beasley is in Nevada.
16 He --
17 THE COURT: Well, hold it. Somebody had
18 to do something that she signed.
19 MS. BLISS: That's Mr. Ross.
20 MS. JAMES: Two different investigators.
21 THE COURT: Okay. So who prepared the
22 statement for Mr. Ross to give her?
23 MR. MESEREAU: It was sort of a
24 collective effort based on the information we were
410 25 given. 137 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 MS. BLISS: Right.
3 THE COURT: So somebody produced it.
4 MR. MESEREAU: Yes, we did.
5 THE COURT: And gave it to your local
6 investigator.
7 MR. MESEREAU: That's correct.
8 THE COURT: Who went to her.
9 MR. MESEREAU: Right.
10 THE COURT: And had her sign it.
11 MS. BLISS: E -mailed it.
12 THE COURT: E -mailed it, but then
13 formally met her in the Burger King and had it signed.
411 14 MR. MESEREAU: Correct.
15 THE COURT: Were there any conversations
16 before that happened? Did they call and say, I have a
17 question about this?
18 MS. JAMES: Mr. Ross spoke to her on the
19 telephone before that happened, and that was the phone
20 conversation I was referring to. He spoke to her
21 initially, and then he came into the room and said she
22 had a question about whether she would have to come in
23 to testify.
24 And just to make clear, my response to
25 the juror on that was, I can't guarantee that you 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 138
2 wouldn't because it's up to the judge. But we would --
3 what we would do was -- what we would -- I explained
4 the procedure, that we would want to put in her
5 declaration with our motion. We would take the
6 position, which we did, that that was sufficient to
7 inquire of the other jurors.
8 THE COURT: I understand that, but
9 that's not what she testified. Do I need to then --
10 because you're saying you said to her, That's not our
11 call. She said she was told by someone -- could be the
12 investigator -- she didn't have to come in.
13 That is important in terms of someone
14 signing something. They may sign it and say that's the
15 last I'll have to hear of it. Her testimony was and
16 I'll have this printed out -- that I was told I
17 wouldn't have to come in. And then afterwards I was
18 told that I would have to come in.
19 Now, that is important and that should
20 be taken under oath and that's something that we need
21 to determine. That's why if I need to have that juror
22 come back again because, you know, that's different.
23 This is the first I've heard that you've spoken. And
24 your testimony now, if you were called to testify --
25 which I can't imagine we'd have to get to this place -- 139 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 was you told her I can't make that call; I don't know.
3 That would mean only the investigator said it, and
4 that's not in his statement. So what you're now --
5 MS. BLISS: He didn't do one, Your
6 Honor.
7 MS. JAMES: Mr. Ross did not do
8 anything.
9 THE COURT: So the local didn't even do
10 one?
11 MS. BLISS: No.
12 THE COURT: So then he must have told
13 her something contrary to what his principal told him.
14 MS. JAMES: Or possibly that's what she
15 understood. I mean, she may have misunderstood.
16 THE COURT: No, no, I won't get to that
17 which is -- I'll have to call her back. I want to make
18 sure that we've cleared this part up because it is
'19 important. And if you want to just make it of
20 argument, but I heard what I heard. She signed a
21 declaration with the understanding she wouldn't have to
22 come in and testify. That's what I heard her say.
23 Now, if I need my court reporter to
24 retype that so we all hear it, I will do that so that
25 we all see it and we don't just kind of leave it out 140 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 there. Because then somebody who is not a declarant in
3 this case told her that. And that does affect where I
4 see, you know, her position in terms of the declaration
5 and what she has said here. It adds something to it.
6 So I don't know what you want to do. Do
7 you want to get -- do you have your local investigator
8 here?
9 MR. MESEREAU: He's here.
10 THE COURT: You may want to talk to him
11 and find out whether he said that so there's
12 consistency. If not, I have to bring her back and
13 clarify. If he says, No, I never told her that and
14 he's going to say that under oath, then I got to look
15 at that. Those are discrepancies. You wanted to put
16 on people that she was consistent, but I don't know
17 whether there will be an inconsistency.
18 MR. MESEREAU: Your Honor, can I make a
19 request?
20 THE COURT: I think we do need to hear
21 from your investigator.
22 MR. MESEREAU: Can we read back the
23 testimony of the subject juror?
24 THE COURT: All of it? 0 25 MR. MESEREAU: Well, the portion where 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 141
2 he says --
3 THE COURT: No, no. Please don't
distract me right now. Please don't do that. I will
5 get to that. I will. I won't let you -- we won't
6 complete this. I'll let you get to it.
7 But right now, I'm right now on
8 Ms. James to local investigator to this proponent. So
9 clearly she has said something that there is a witness
10 as to whether, in fact, he said -- I'm sorry. I
11 thought it was your investigator that was a declarant
12 and I don't recall reading it in there.
13 MS. BLISS: No. 411 14 THE COURT: This is something new that I
15 think we would have to hear from that investigator. So
16 we need to have them go to lunch.
17 MR. STEELE: Can we -- if he's here --
18 have the jurors go to lunch -- let's bring Ross in
19 right now and do it.
20 THE COURT: No, I'm going to hear him.
21 I think we should hear him without you talking to him
22 and just hear what he has to say. Is his name Ross? I
23 really apologize. I thought --
24 MR. MESEREAU: Scott Ross.
410 25 THE COURT: Scott Ross. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 142
2 MS. BLISS: Do you want me to go find
3 him?
4 THE COURT: Yeah. So nobody speak to
5 him yet because at this stage he's just a witness.
6 MS. BLISS: So you'll discharge the jury
7 first?
8 THE COURT: Yes. I think that's the
9 best thing to do. I don't know whether they'll take
10 them to lunch, quite frankly.
11
12 (Recess.)
13 - - -
14 THE COURT: All right. The jurors are
15 eating their lunch in their room.
16 Where might we find Mr. Ross?
17 MR. MESEREAU: He should be in the
18 courtroom.
19 THE COURT: Will you go find Mr. Ross,
20 Investigator Ross?
21
22 (Recess.)
23 - - -
24 (The following proceedings were
25 reconvened in chambers with the Court, 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 143
2 Mr. Steele, Mr. Ryan, Ms. Gibbons-Feden,
3 Mr. Vines, Mr. Mesereau, Ms. Bliss,
4 Ms. James, and the defendant being
5 present:)
6
7 THE COURT: Let's bring in Mr. Ross.
8 - - -
9 SCOTT ROSS, having been duly sworn, was
10 examined and testified as follows:
11 BY THE COURT:
12 Q All right. I'm going to show you something that
13 I've previously in this proceeding marked as Court
41 14 Original 1.
15 Are you familiar with that?
16 A Yes.
17 Q Okay. And what is that?
18 A This is the declaration that I asked Prospective
19 Juror Number 9 to sign.
20 Q When did you come in possession of that
21 declaration?
22 A I would say -- I'm so sorry, what's the -- I
23 think -- was it Thursday?
24 Q It says here the 6th day of April 2018 is when a
25 signature -- 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 144
2 A So it would have been on the 6th, I'd say about
3 12:00.
4 Q All right. And prior to that, had you had any
5 conversations with respect to Juror Number 9?
6 A I called her to find out if I could meet up with
7 her, yes.
8 Q And what, if anything, did you tell her when you
9 called her?
10 A I told her that a declaration had been prepared,
11 that I needed to meet with her to get her signature on
12 it if she was willing to sign it. A copy of it was
13 then e -mailed to her to read before I went out there.
411 14 She agreed to meet me at 12:30 at a Burger King in,
15 and, I'm sorry, I think it was Conshohocken?
16 Q Uh-huh.
17 A And that was about it as far as before I went
18 there, if that's what you mean.
19 Q Okay. So you spoke to her at approximately 12:00
20 and you said you were going to meet her at 12:30; is
21 that correct?
22 A No. I believe I spoke to her initially to make
23 the arrangement, the --
24 Q What time was that?
25 A Probably about 11:45 or so, if I remember 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 145
2 correctly.
3 Q Had you spoken to her at any time prior to that?
4 A No, sir.
5 Q All right. So the only time would have been the
6 time to meet up for the signing of the declaration; is
that correct?
8 A Correct.
9 Q So how many times would that have been that you
10 spoke with her?
11 A We had a text message exchange initially. So I
12 think I spoke to her twice because I actually went to
13 the wrong Burger King. So I had called her a second
411 14 time to tell her that I could see the one -- the
15 correct one. She called me to say, Where are you?
16 Q Okay. Now, do you save your text messages?
17 A Yes.
18 Q Okay. Now, did she ask you any questions in those
19 conversations about the declaration?
20 A She asked, if I remember correctly, primarily
21 whether or not she would have to go back into court.
22 And I told her that -- well, that was the question.
23 Q What did you tell her?
24 A Okay. I didn't know if you wanted me to expand.
25 And I told her that we didn't believe so, but there was 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 146
2 no guarantee; she may have to come back in.
3 Q What did she say to that?
4 A She didn't really want to go back through the
5 questioning. She had pointed out to me that -- I guess
6 she was -- she had some prior issues that she didn't
7 want to relive, but she felt that contacting us and
8 signing the declaration was doing the right thing. And
9 she agreed to meet with me.
10 Q At any time did you ever say to her that you would
11 not have to appear in court if she signed the
12 declaration?
13 A No. I said that our thought process was that you
411 14 won't have to, that she wouldn't have to go back, but I
15 also told her I couldn't guarantee that she wouldn't
16 have to.
17 Q All right. Thank you very much. You may step
18 out.
19 (Witness excused.)
20 - - -
21 THE COURT: Are there any questions that
22 counsel thinks he needs to be asked?
23 MS. BLISS: No, Your Honor.
24 MR. STEELE: No, Your Honor. 0 25 THE COURT: All right. So at this COMMONWEALTH vs. WILLIAM H. COSBY, JR. 147
2 stage, I'm going to ask my court reporter to print out
3 on my break while I'm considering -- I've heard your
4 arguments. I may have even made the ruling. But I
5 want to make sure at this stage that that record is of
6 somebody that does not have a declaration.
7 So after I may have indicated that the
8 record that I had at that stage was not sufficient, we
9 did re -open the record. And the following re -opening
10 of the record was that Mr. Steele indicated that he has
11 no objection to the Court relying upon the declarations
12 of your administrative assistant and the Las Vegas
13 investigator.
14 Again, the Court had said I did not know
15 there was more than one investigator involved.
16 should have read more carefully. And, therefore, I
17 will consider them as part of the record and,
18 therefore, no testimony is necessary on their part.
19 We then learned of the indication of
20 Ms. James and what -- her having a conversation with
21 the prospective juror, and then Mr. Ross and his
22 conversations and whether he said that.
23 So, I mean, I've heard your arguments.
24 I'll let you make further argument based upon that
411 25 record before we get to the -- any other decisions this 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 148
2 Court has to make regarding the procedure.
3 So we've re -opened the record. I'm
4 closing the record again. Do you still feel the need,
5 based on Mr. Steele's stipulation to their declaration,
6 to call those other people?
7 MS. BLISS: No, Your Honor.
8 THE COURT: So with that said, do you
9 have any other argument?
10 MS. JAMES: Your Honor, I don't think
11 this changes anything. We would still take the
12 position that the Court has enough on the record right
13 now. I mean, if anything, the clarification that she
411 14 was not made an improper promise is further evidence of
15 her credibility. But beyond that, you know, we would
16 still take the position that there is enough --
17 THE COURT: Let me ask you. Did you
18 hear her say that it was not -- or did you hear
19 that's why I need to look at the testimony. I mean,
20 did she say she was told that she wouldn't have to come
21 back?
22 MS. JAMES: I'm not sure.
23 THE COURT: Okay. Well, it's a good
24 reason. I need to get that testimony and find that out
411 25 because that would be -- if we're unclear of it, that's COMMONWEALTH vs. WILLIAM H. COSBY, JR. 149
another reason I might bring her back.
But at this stage, the record stands
where it is. All right.
5 MR. MESEREAU: Your Honor, again, our
6 bottom line position is --
7 THE COURT: Wait a second. Wait a
8 second. Are you done?
9 MS. JAMES: Well, I'll just finish my
10 thought, which was just on the record as it stood
11 before and as it stands now, we think there is enough
12 for this Court to strike Juror Number 11 or,
13 alternatively, call in the other jurors. And we would
14 object to going forward with this juror and
15 particularly without doing that further inquiry.
16 I don't know if Mr. Mesereau has
17 anything to say.
18 MR. MESEREAU: I just think in the
19 interest of fairness and safety, all we're asking the
20 Court to do at this point is if you're not going to
21 dismiss this juror, at least question the others who
22 may have been infected or tainted. It's not, in our
23 opinion, a horrible task to ask for. I think the
24 record will be a lot better once they're questioned,
25 and we can then move forward. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 150
2 But we are very concerned about what we
3 heard this morning and we don't think it's a burden to
4 ask the Court in a case like this to at least question
5 the other jurors. That's all we're asking.
6 THE COURT: Well, you say it's not a
7 burden. I mean, what makes you say --
8 MR. MESEREAU: We don't think it's an
9 unfair burden. We really don't.
10 THE COURT: Upon who? The Court or upon
11 the --
12 MR. MESEREAU: Upon everyone.
13 THE COURT: -- the summoned jurors who
14 were dismissed and have now gone about their lives?
15 The delay very much could take two or three days. And
16 you understand that. If they say, I'm at work -- they
17 were discharged from any duty. They were discharged
18 from having to come back. There's nothing in the
19 history of any case law I've ever seen that would
20 indicate that you would resummon potential jurors who
21 were discharged from service.
22 So I just want to make sure when you say
23 that it's no burden, it is a burden upon us and, most
24 importantly, the prospective jurors that have been told 0 25 that they're discharged from their service. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 151
2 Prospective Juror Number 9 is different.
3 She took a proactive stance to come out and alert you
4 to what she believed had occurred. And so I just -- it
5 is a burden and I'd have to investigate what kind of
6 burden that would really be.
7 MR. MESEREAU: Well, again, Your Honor,
8 our client is looking at possible life in prison. He's
9 80 years old. He's blind. The stakes are extremely
10 high.
11 THE COURT: No, I understand the reason
12 why you've raised them and I understand. I just --
13 it's going to be a burden on both the Court and --
411 14 All right. Let me hear from Mr. Steele.
15 MR. STEELE: Your Honor, the only point
16 that I'll make with this is that the -- and I don't
17 want to reiterate what I argued before, but I think
18 this last line makes it even more clear. You're
19 judging the credibility of a witness.
20 Now you have an investigator and an
21 officer of the court, Ms. James, saying that she lied.
22 And, you know, that, I think, is significant when
23 you're assessing her credibility in this. And then,
24 you know, I've already talked about motives and the
ID 25 other aspects of bias that may have gone into what COMMONWEALTH vs. WILLIAM H. COSBY, JR. 152
2 she's done at this point, but I'll rest at that point.
3 THE COURT: All right. We will take a
4 break. Take a half an hour, get yourself some lunch.
5 We'll convene back here and I'll make a ruling and
6 we'll proceed based upon my ruling.
7 - - -
8 (At 12:40 p.m., a recess was taken until
9 1:23 p.m. of the same day.)
10 - - -
11 (The following proceedings were
12 reconvened in chambers with the Court,
13 Mr. Steele, Mr. Ryan, Ms. Gibbons-Feden,
411 14 Mr. Vines, Mr. Mesereau, Ms. Bliss,
15 Ms. James, and the defendant being
16 present:)
17 - - -
18 THE COURT: The Court's had occasion
19 again to review the testimony. I put in Paragraph 3
20 which is the paragraph that defense wishes the Court to
21 continue the process, but I want you to look. This is
22 the e-mail itself. It's the e-mail simply -- I don't
23 want to have the e-mail addresses or anything in there.
24 So it says e-mail. Just read it. I mean, it is the
41, 25 entire e-mail, if somebody wants to compare it, just 153 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 without any addresses or anything like that indicating
3 that I did put in -- you know, this was meant to merely
4 put forward the Court's position on the process that we
5 would use.
6 And I believe that that would
7 appropriately make the record for that if we need to go
8 further because I have made a determination that to do
9 so would be burdensome upon the potential jurors that
10 believe that they were discharged.
11 And there is just nothing even to raise
12 a level of a prima facie that at this stage I should
13 continue to inquire of people that were in the same
41, 14 room; that the alleged person who made the remark
15 denies making the remark; and three other people who
16 were in the room, one of which was in a very close
17 distance, just simply claim they never heard the
18 remark.
19 So at this stage I'm going to deny the
20 defense motion. I have considered, again, all of the
21 testimony that was taken here today. I will admit
22 again as Court -1 the entire e-mail that just sets forth
23 the process. I'm not interested in any other and I
24 will not admit into evidence any letters that came from
41, 25 counsel or the e-mail exchanges between Mr. Mesereau 154 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 and Mr. Steele. And I most likely will not engage in
3 this again. I'm just trying to assist the process that
4 we'll do everything by motions and record.
5 I'm going to call it Court -3. So this
6 is the actual text of the e-mail that all parties were
7 relying on and I recognize that you were.
8 So based thereon, I'm going to deny the
9 motion as brought and based upon all testimony that was
10 taken here in this in -camera hearing.
11 All right. Now, we do have to go to
12 your next suggestion, Mr. Mesereau, which was to begin
13 the canvass of the jurors, all jurors at this stage, to
14 find out if anything now is affecting their ability to
15 be fair and impartial before we proceed.
16 Now, I guess it's a question of how we
17 want to do this. You know, we can -- I can do it --
18 the original proposal that I had made that we had
19 employed last time is that simply myself -- I would
20 have a court reporter present at this time, and my law
21 clerk would just greet them, ask them if, you know,
22 they're okay, if there's anything that they need me to
23 know in terms of anything they need, are they okay; and
24 then ask them if they feel they've been exposed to any
25 outside influence, you know, during the period of time 155 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 from which they were selected to the time in which they
3 were brought here today; and then do they believe that
4 they can take an oath that they will be fair and
5 impartial and can serve on this jury. If they say they
6 can, then I don't think I need to ask them anything
7 else.
8 MS. BLISS: Your Honor, I don't know if
9 there's an instruction, but under the circumstances, I
10 would propose a further instruction that would direct
11 jurors to bring to -- a process to bring to your
12 attention --
13 THE COURT: It is in the instructions --
14 MS. BLISS: Okay.
15 THE COURT: -- and I intend to
16 underscore it, you know.
17 MS. BLISS: See something, say
18 something.
19 THE COURT: And I do that as part of --
20 that is where I let them go. I say, If you hear
21 something, please bring -- you know, if something
22 changes from what you just told me and something you
23 feel you're exposed to, please tell the tipstaff -- I
24 think it's Denise, Carol, and the two tipstaves are the
25 ones that work directly with them -- immediately and we 156 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 will deal with them.
3 MR. STEELE: And if I recall correctly,
4 you do that at the end of --
5 THE COURT: I will do that every single
6 day. Not the end of the day. When they come here. It
7 usually takes about 15 minutes where it's usually right
8 in there because they're -- I bring them out and I just
9 bring them individually and I just ask them those four
10 questions.
11 I just say, Do you feel you've been
12 exposed to anything that would prevent you from
13 complying with your oath as a juror? I ask, Are you
14 okay? I mean, there may be sometimes like they don't
15 want to say like the food stinks or something like that
16 and just allow me to tell them that they won't say in
17 an open group.
18 You know, and I can ask Ginny I mean,
19 I'll bring it to counsel's attention immediately if
20 something comes up, but she'll have a record of it.
21 just think it's too imposing to have counsel in there
22 for every one of these inquiries.
23 MS. BLISS: I don't think it's
24 necessary, but the exposure isn't just to the outside,
411 25 but it would also be internally within the jurors. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 157
2 THE COURT: I will definitely have you
3 heard anything that you feel -- clearly, there's the
4 cautionary instruction about you can't talk amongst
5 yourselves about this case, and anything that you might
6 hear about that, bring it to the Court's attention.
7 I will do that right now in my opening
8 instructions. You're about to hear me do that. That's
9 clearly -- and that's going to be an opening
10 instruction.
11 I'll also do it with them when I meet
12 with them individually just saying, Let's get off to a
13 good foot. Anything that you might hear, even amongst
411 14 your fellow jurors or anything on the outside, please
15 tell us.
16 MS. JAMES: Will the Court be asking if
17 they've heard or read anything in the media?
18 THE COURT: Oh, yes, absolutely. I'm
19 going to say, Are you complying with the directions? I
20 gave them directions, they weren't allowed to -- I'm
21 going to -- who has it? Denise has it. It's Rule
22 2.06. The process when I went back with them, I sat
23 with them and I said, This is a very weighty
24 responsibility. Please tell me right now if there's
410 25 anything that would prevent you from being a fair and 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 158
2 impartial juror that can serve so I can go immediately
3 out and tell counsel?
I then gave them Rule 2.06. I said,
5 This is a contract between you and the Court. Those
6 are the rules of not talking to even fellow jurors,
7 talking to anybody and anything. And I said, It acts
8 now as a contract. I reference that and say, Have you
9 complied with your oath to follow those rules?
10 So you've gotten copies of 2.06. That's
11 what we give them. I'll give you a copy of what I gave
12 all 12.
13 MS. BLISS: Yes, we have that. The only
14 other thing would be my maladroit way of bringing forth
15 a motion for mistrial. I do think that once the jury
16 is impaneled, we'll need to move again. And to avoid
17 disruption, I would request that we --
18 THE COURT: Want to have a code word for
19 it?
20 MS. BLISS: I'll say, Your Honor --
21 THE COURT: I renew --
22 MS. BLISS: -- we renew our motion.
23 THE COURT: -- our motion that was
24 brought earlier today -- 0 25 MS. BLISS: And adopt all arguments 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 159
2 therein.
3 THE COURT: And evidence.
4 MS. BLISS: And leave it at that.
5 THE COURT: Look, if we need to go in
6 the back, it's just -- it's going to look clumsy if we
7 do that, if we go in the back right away. I mean, they
8 swear the jurors and we all run in the back.
9 I mean, do we all agree with the
10 procedure which she refers to, the previously raised
11 motion, meaning that does not mean, for the record, the
12 filed motion. It means the motion for mistrial raised
13 under 605 prior to the jury being sworn. It would
411 14 then -- and counsel's position is it would then take
15 effect immediately upon the swearing of those jurors.
16 MS. BLISS: It would certainly take an
17 effect at that point. I'm not sure if it took effect
18 before that.
19 THE COURT: It may have and you're not
20 waiving that right either.
21 MS. BLISS: No. But just to avoid any
22 disruption, I wanted to flag it to you that --
23 THE COURT: So you're going to say, Your
24 Honor, I renew my previous motion.
25 MS. BLISS: Pursuant to 605. 160 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 THE COURT: And I've already indicated
3 that I do not believe even that it would rise to a
4 level of mistrial there. But I don't want to be in a
5 situation if you need to make further argument --
6 because the record is complete. If there's further
7 argument that needs to be made that's going to change
8 your motion, I'm aware of it. It is protected for the
9 record. And I'm going to assume it includes every
10 reason to declare a mistrial.
11 MS. BLISS: Yes, Your Honor.
12 THE COURT: All right. We all agree
13 with that?
410 14 MS. FEDEN: Yes, Your Honor. There's
15 just one additional housekeeping.
16 THE COURT: No additional housekeeping.
17 MS. FEDEN: Sorry. The defense did
18 raise a motion as to the exclusion of Dr. Ziv. The
19 only reason I bring that up now is because that would
20 be our first witness.
21 THE COURT: I hear you. I mean, I'll
22 either go back now and tell this jury we're not ready
23 to start yet, but it's -- they filed a motion.
24 MS. BLISS: Well, my proposal on that,
25 because I was thinking about that as well, is proceed COMMONWEALTH vs. WILLIAM H. COSBY, JR. 161
2 with opening statements. And then prior to the witness 410 3 being sworn is when we would argue the motion.
4 THE COURT: Brief argument. I mean,
5 this was something that I'm not sure, you know -- I
6 would have -- the gravamen of the motion appears to be
something that you clearly could have brought before
8 Saturday.
9 I may be wrong, but, you know, to say
10 that you're -- now, I did invite, I think it was
11 Ms. James, to say if you have a constitutional
12 challenge or you have a challenge as to the actual
13 statute because, you know, my reading of the motion is
14 that the statute essentially by its very nature says
15 we're telling you that this is an expert witness.
16 We're telling you it is and, therefore -- but we did
17 this in the previous case. It was raised. You know,
18 this could be one of the ones at least was preserved,
19 just argued differently by different counsel. And,
20 yes, it does sound like it'll be a different witness.
21 But part of your argument is I want a
22 Frye Hearing essentially to determine whether, in fact,
23 she should be an expert witness. I mean, my position
24 is I -- I didn't write the statute. I'm not sure, you
411 25 know -- but it's a statute of our Commonwealth. If COMMONWEALTH vs. WILLIAM H. COSBY, JR. 162
it's more than that -- you're looking to exclude her
testimony. Not allow her -- I mean, to preclude the
witness as opposed to exclude testimony; right?
MS. JAMES: Well, I think --
MS. BLISS: Kind of, sort of.
THE COURT: Well, here's what I'm going
say. If you want me to exclude testimony once she's
9 testifying, okay, thank you for the preview. Thank
10 you. And you'll preserve that one by the objection to
11 an actual -- I mean, we can't try this entire case by
12 motions. It's a great preview.
13 The claim regarding the statute, the
411 14 statute is either unconstitutional or it -- what you
15 say, it completely effects, you know, any kind of due
16 process.
17 MS. BLISS: Yes. It's a Fifth and Sixth
18 Amendment issue.
19 THE COURT: Got. You, but I'm applying
20 the statute as written. That's what I intend to do.
21 Your position is you can't do that,
22 Judge, because you'd be violating our constitutional
23 rights.
24 And if it is a constitutional challenge,
25 as Mr. Vines noted, there are ways of doing it and 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 163
2 preserving the issue in the Commonwealth. Okay? I
3 will take you at your word of what you've done, but a
4 constitutional challenge as to a statute, you know,
5 I -- my duty is to apply it. And you're going to say,
6 Judge, don't apply it, the statute, as written because
7 it's unconstitutional.
8 MS. BLISS: Exactly.
9 THE COURT: And that I think we can make
10 quick argument on because, I mean -- I want to hear
11 you, but I've heard it before in this case. I've heard
12 it in two other cases and it's perfectly appropriate in
13 protecting someone's rights.
14 But the exclusion of testimony would be
15 different. That would, in fact, be the question. And
16 they may -- if they start to go on and say, you know,
17 give me an opinion, anything about credibility, looks
18 like the statute says you can't do that.
19 So objection, call out that statute. If
20 I think the question that they've asked is about that
21 and you point it out, you know, what they may have done
22 in the last time, but I think they have a new witness.
23 All right?
24 MS. BLISS: Yes.
25 THE COURT: So I can deal with that. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 164
2 All right. So I guess the question is:
3 Do you want to open or do you want to have the
4 constitutional argument now so I can rule and we can
5 move on or would you rather it play out in realtime?
6 Because if you do make the objection --
7 MS. BLISS: Is it going to affect the
8 opening statements?
9 THE COURT: I don't know and I don't
10 care whether it is because they still think they're
11 going to -- it was just a way of keeping things smooth.
12 But everybody's opening's done, it's done. You're
13 ready to go out and open, let's do it the way you
410 14 wanted to do it and we'll take it in the real course of
15 the trial because you're already got a motion for
16 mistrial and we shouldn't be deciding motions if that's
17 the first thing to come.
18 MR. MESEREAU: Your Honor, I think the
19 motion for mistrial has to be timely.
20 THE COURT: It is. It is the first
21 thing -- she said she's going to make it the second
22 that I've given them the oath.
23 MR. MESEREAU: Can we make it at
24 sidebar?
25 THE COURT: I'd love you to, but -- 165 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 MR. MESEREAU: Let's make it at sidebar,
3 not in open court.
4 MS. BLISS: Well, I was just going to
5 make a motion --
6 THE COURT: Sidebar sounds like -- it
7 could be, May I see you at sidebar? That's your cue
8 you to get up and go. I will quickly go right in the
9 back, you'll put it on the record, and we'll move from
10 there.
11 MS. BLISS: Okay.
12 THE COURT: All right?
13 - - -
14 (The following proceedings were
15 commenced in open court with the Court,
16 Mr. Steele, Mr. Ryan, Ms. Gibbons-Feden,
17 Mr. Vines, Mr. Mesereau, Ms. Bliss,
18 Ms. James, Mr. Hicks, Ms. Robinson, Ms.
19 Gupta, and the defendant being present:)
20 THE COURT: All right. We have dealt
21 with the proceedings in camera. The Court has issued a
22 ruling that was necessary at that time. I have had,
23 Counsel, the individual interviews with each selected
24 but not yet sworn juror, and none of those jurors have
25 indicated that they have in any way had any concerns 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 166
2 regarding Jury Instruction 2.06A.
3 I've indicated to them that each morning
4 I will utilize a simple question of How are you? and
5 that will incorporate the ability to advise the Court
6 if they think they've had any exposure to either what
7 I've called outside or inside communications.
8 And I will be further instructing the
9 jury on 2.06 again and telling them that's a continuing
10 obligation and that they can feel free to advise the
11 Court, which I would then immediately bring to
12 counsel's attention, if there's any perceived
13 violations. Okay?
14 MR. STEELE: Thank you.
15 MR. KEHS: Ready?
16 THE COURT: I'm ready. Why don't we all
17 rise for the jury when they come in.
18 (The jury entered the courtroom.)
19 THE COURT: Hi. See if you feel
20 comfortable. This is the first and foremost thing.
21 This is a very old courtroom which I do not believe was
22 envisioned for even a jury of this size. Hence, the
23 whole special little section. But if you don't feel
24 comfortable and it's the kind of comfort level we can
4110 25 accommodate, please. Again, there are tipstaffs. 167 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 Where are they?
3 Okay. I'm going to identify what role
4 they play, but they're very important. And I believe
5 that between the sheriffs and Carol that -- to make
6 sure that your comfort needs are met because this is a
7 lot that we are asking of you in this case.
8 So at this stage, I will ask counsel,
9 you've had the ability to review each day the sheets
10 that would indicate your selection of each of the
11 jurors. And therefore, it is assumed that those
12 jurors, when fully assembled, would be seated and would
13 take the oath.
14 So the question then would be: Are
15 these in appearance -- now, where they are in
16 accordance with your selections that were made over the
17 course of four days.
18 MR. STEELE: It is, Your Honor.
19 THE COURT: Defense?
20 MR. MESEREAU: They are, Your Honor.
21 THE COURT: They are. Okay. So at that
22 stage, that would permit us now to administer the oath
23 to all 18 of the jurors, those being 12 first selected
24 and the six alternates.
25 You're up. Whose going to assist you in 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 168
2 that?
3
4 (The jury was sworn by the clerk.)
5 - - -
6 THE COURT: All right. Counsel, upon
7 this jury being sworn -- this is not going to happen
8 all the time, but it is required under the law based
9 upon the proceedings that we had. Can I have counsel
10 quickly at a sidebar? This will take a very short
11 period of time.
12 (The following proceedings were held in
13 chambers:)
410 14 THE COURT: All right. Let's make the
15 motion. I believe that counsel has appropriately
16 advised me of the reasons therefor, but let's have it.
17 MS. BLISS: Yes, Your Honor. At this
18 time, to the extent my prior motion for a mistrial was
19 inchoate, I now formally move for a mistrial based upon
20 the record that we have established that a prospective
21 juror identified as Prospective Juror Number 9
22 witnessed and disclosed a statement by seated -- now
23 seated Juror Number 11 of bias that he had an opinion
24 about believing Mr. Cosby was guilty and let's get it
25 over with and go home essentially. I'm paraphrasing, 169 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 but that was the crux of it.
3 We respectfully request that this Court
4 strike the juror as the only possible remedy to this
5 incidence. And the Court having denied our motion to
6 strike him, we'd move for a mistrial.
7 THE COURT: Okay. Anything the
8 Commonwealth wishes to add?
9 MR. STEELE: No.
10 THE COURT: All right. Again, this was
11 anticipated as a potential remedy and it had to require
12 a sworn jury. Again, I'm denying the motion. There
13 are no cautionary instructions that need to be given
14 because none of this occurred during the pendency of
15 the trial.
16 And, again, you know, inasmuch as you
17 incorporate a hearing that involved selected but not
18 sworn jurors, the Court denies this motion for the
19 reasons I had previously placed on the record regarding
20 the denial of your motion to remove Juror Number 11 and
21 now clearly the vetting process this Court has gone
22 through, including the questions of the 18 individual
23 jurors, that none of them felt they have been exposed
24 to anything and they are able to discharge their duty.
25 You've made an adequate record, but I 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 170
2 deny your motion for mistrial and there will be no
3 cautionary instructions necessary.
4 MS. BLISS: To the extent I did not do
5 so, I incorporate our prior arguments and all of the
6 evidence we submitted.
7 THE COURT: All done so. Thank you very
8 much.
9 MS. BLISS: Very well, Your Honor.
10 MR. RYAN: Judge, one other thing
11 that --
12 THE COURT: No, not really.
13 MS. FEDEN: One other quick thing that
14 just came up. Mr. Mesereau --
15 MR. MESEREAU: Yeah. Your Honor, I went
16 to the prosecution side of the table and told the
17 prosecutors that I told looked at the Pennsylvania Rape
18 Shield Law. And it talks particularly and specifically
19 in terms of sexual conduct, sexual activities.
20 It doesn't, in my opinion, prohibit
21 saying someone was married to someone or someone had a
22 relationship with someone because that doesn't connote
23 or not connote sex. Basically it doesn't say anything
24 about sex.
25 So I did plan to call a witness who had 171 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 a relationship with Mrs. Constand. He actually lived
3 with her. I intended to talk about her relationships
4 with others and how they relate to what she did in this
5 case, but never talk about sexual orientation or sexual
6 conduct.
7 THE COURT: I don't know what you all
8 want me to do with this now. I'm not making
9 evidentiary rulings now. You have certain obligations.
10 You filed nothing to indicate that you were going to
11 call a witness that may implicate it. The Commonwealth
12 didn't file anything at this stage except for the prior
13 one. Now --
14 MR. RYAN: We don't have to file
15 anything.
16 MS. FEDEN: We don't have to.
17 THE COURT: So they're relying upon it.
18 If you feel --
19 MS. FEDEN: And we did actually file an
20 affirmative motion, Your Honor.
21 THE COURT: I don't think you have to.
22 I mean, what do I do at this stage? He believes that
23 in good faith that he's not going to violate.
24 If you do, Mr. Mesereau, this is on you,
25 but this is an opening statement about an evidentiary 172 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 issue of a witness I haven't heard. I don't know what
3 you're going to do.
MR. MESEREAU: Okay.
5 THE COURT: I'm going to make it as
6 clear as a bell that I may not even permit certain
7 witnesses that people talk about in their opening
8 statement, and that's going to have to cover it. I
9 don't know what he's going to say about, you know, his
10 stuff.
11 At this stage, I can no longer make
12 rulings that will permit you -- you are all officers of
13 the court, you are all familiar with the code of your
14 conduct, and you'll make arguments as you see fit.
15 MR. MESEREAU: Okay.
16 THE COURT: But this is an opening
17 statement. So there's nothing I can do to bar it
18 because I don't even know what he's doing.
19 MR. RYAN: Well, neither are we. That's
20 the problem. It's our position that it's violative of
21 the letter and the spirit of the Rape Shield Law to
22 allow someone to walk into a courtroom in front of a
23 jury and talk about relationships with other men. The
24 connotation obviously would be sexual in nature.
25 But beyond that, in particular, one -- 173 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 MS. BLISS: No.
3 MR. RYAN: Please let me finish. In
4 particular, one individual being the male witness who
5 we know from Ms. Constand's statement to the police in
6 January of 2005 that there was at one point some sexual
7 contact between the two of them.
8 And so to sit here and say, well, I can
9 say that someone is married and that doesn't connote
10 sex, but in this case, that's exactly what it will
11 connote. And it's violative, like I said, of the
12 letter and spirit of the Rape Shield Law to allow a
13 jury to hear this sort of information when the law in
411 14 this day and age prohibits it.
15 MS. FEDEN: And, Your Honor, the only
16 thing --
17 THE COURT: You'll make your objection
18 during his opening statement. I will again continue to
19 use for all parties the cautionary instruction about
20 opening statements. I'll do it every time that someone
21 thinks that it's violative of some kind of process.
22 Mr. Mesereau, I don't know why you had
23 to tell them. If you were going to do it, I guess you
24 should have just done it. Telling them now, they're
25 raising it. They don't want you to do it. I can't 174 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 rule out of the context of not knowing what they are.
3 I will continue with strong cautionary instructions.
4 MR. MESEREAU: Your Honor, I have a
5 belief in being ethical.
6 THE COURT: And I understand --
7 MR. RYAN: And I do appreciate
8 Mr. Mesereau saying it. I genuinely do.
9 THE COURT: At this stage, if you tell
10 them, they're going to argue it and most likely they're
11 going to object, which the requirement is under the
12 record that they object to what it is. So I'm going
13 to -- I hear your objection now. And it will be met
14 with a cautionary instruction.
15 MS. FEDEN: The only thing that I would
16 just like to state on the record, just the law so that
17 there is no contention that there is a misunderstanding
18 of the Rape Shield Law. Case law provides that the
19 purpose of the Rape Shield Law is to prevent a trial
20 from shifting its focus from the culpability of the
21 accused towards the virtue and chastity of the victim.
22 MR. MESEREAU: We're not talking
23 about -
24 MS. FEDEN: And so when we're not --
25 excuse me. When we're talking about relationships, COMMONWEALTH vs. WILLIAM H. COSBY, JR. 175
that's very different from the connotation of --
MS. BLISS: That's not in the law right
there.
THE COURT: Okay. Please. I can't
6 get into the law --
7 MS. FEDEN: Before I was interrupted, I
8 was talking about case law which is Pennsylvania case
9 law, Superior Court case law, which defines the purpose
10 of the Rape Shield Law.
11 THE COURT: Okay.
12 MS. FEDEN: And as I was saying, Your
13 Honor, when it talks about the virtue and the chastity
4, 14 of the victim, that's why marriage would be permitted,
15 only because that's very different because there's no
16 connotation that there's no virtue or there's no
17 chastity regarding the victim.
18 When there is any indication that the
19 defense wants to pierce Rape Shield, which I would
20 contend is what's going on here, then the defense must
21 make a specific and written offer of proof to the Court
22 of exactly --
23 THE COURT: All right. So if at time of
24 the trial -- 0 25 MS. FEDEN: -- what evidence he's going COMMONWEALTH vs. WILLIAM H. COSBY, JR. 176
to --
THE COURT: I'm going to stop you,
Ms. Feden. You don't have to keep going on. I'm very
5 familiar with it.
6 At the time if they attempt to do it,
7 then you have your appropriate motion. We're in
8 opening statements right now. I am not in a
9 position -- as I've told everybody, I'm not going to at
10 this stage -- it's too late to try to say what
11 anybody -- because opening statements have nothing to
12 do with the evidence, nothing to do with the evidence
13 in the case. Nothing.
410 14 So I'm not going to bar anybody. Say
15 whatever you want to say. We'll see if you turn it
16 out. Say what you're going to say. I've made rulings.
17 I can't make a ruling. I already know in this case you
18 make a ruling on the fly based upon what you think
19 they're going to say, what you believe --
20 MS. FEDEN: No, but they've said they
21 are going to say --
22 THE COURT: I hear you. And they may
23 not be able to do it. And then you will --
24 MS. FEDEN: So you want us --
25 THE COURT: -- make sure if you need -- 177 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
huh?
3 MS. FEDEN: You want us to object during
4 the openings?
5 THE COURT: I sure do.
6 MS. FEDEN: And be back here arguing the
7 same thing?
8 THE COURT: No, not necessary. You've
9 raised the objection right here now. You're going to
10 object when he says it. He may not say it.
11 MR. MESEREAU: Your Honor --
12 THE COURT: He may not say it.
13 MR. MESEREAU: -- in her deposition
411 14 THE COURT: I don't need to hear
15 anything more.
16 MR. MESEREAU: -- she says she didn't
17 tell the truth about her relationship.
18 THE COURT: I don't need to hear
19 anything else. Okay? You're previewing it. Make your
20 objection in the moment.
21 MS. FEDEN: And may I ask what the Court
22 will do --
23 THE COURT: And I'll have a strong
24 cautionary instruction for anyone that may be doing
411 25 something with the other. This is where it's going to 178 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 go. This is how counsel is going to proceed. So let's
3 go out and do it.
4 MS. BLISS: Judge, on another matter
5 under 614, the exclusion of witnesses, I requested
6 that -- I usually do this before --
7 THE COURT: Sequestration.
8 MS. BLISS: Yes.
9 THE COURT: Is there anybody in here --
10 I can't imagine --
11 MS. BLISS: Judge --
12 THE COURT: -- anybody that you will
13 call that's in this courtroom?
14 MS. BLISS: Nope. No.
15 THE COURT: No one?
16 MS. BLISS: No.
17 MR. RYAN: Mr. Cosby's here.
18 MS. BLISS: Well, it doesn't apply to
19 the defendant.
20 THE COURT: Okay. I got you.
21 MR. MESEREAU: Conceivably we could
22 call -- I don't think we will -- Scott Ross. I don't
23 think we will.
24 THE COURT: Is he on the witness list?
25 MR. MESEREAU: He should be. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 179
2 MS. BLISS: No.
3 MR. MESEREAU: Isn't he?
4 THE COURT: No, I don't remember him.
5 MS. BLISS: I don't think so.
6 THE COURT: Okay. If he's in the room,
7 get him out.
8 MS. BLISS: I'm talking about their
9 three police officers. Only one should be in here.
10 THE COURT: I will allow any police
11 officers that are connected with it that -- you know,
12 they're acting as co-affiants or under the direction of
13 a co-affiant. They've been here before. I'm just
411 14 talking about anybody else that's in here.
15 MS. BLISS: Okay. No.
16 THE COURT: I'm assuming you're all
17 complying with it. A sequestration order will be in
18 place.
19 MS. BLISS: Very well, Your Honor.
20 THE COURT: Okay. Thank you.
21 (The proceedings in chambers were
22 concluded.)
23 THE COURT: Okay. I can only tell you,
24 ladies and gentlemen of the jury, that this is going to
25 occur. These are extraordinary advocates, passionate 180 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 advocates, all doing their job. And when they do it,
3 most of it requires that it be taken up outside of the
4 jury's hearing. So that's what we do. We do the best
5 we can by getting it back there.
6 But as I have indicated to all of you, I
7 will say I'm sorry a lot only because your, you know,
8 commitment to serve as a fair and impartial juror in
9 this case is very important to me and I know the
10 hardships that we are exacting upon you. So if there
11 are delay that looks like it doesn't make any sense to
12 you, I only ask you to trust in the fact that it is a
13 necessary part of ensuring a fair and impartial trial.
411 14 Okay. Here we go. These are called
15 opening instructions of the Court.
16 Can everybody hear me?
17 Okay. Good.
18 Members of the jury, you have been
19 selected to perform one of the most important and
20 solemn duties of your citizenship. You are to sit in
21 judgment upon criminal charges made by the Commonwealth
22 against a citizen. The services that you render as
23 jurors in this case are as important to the
24 administration of justice as those rendered by me as
25 the trial judge and by the attorneys. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 181
2 The Commonwealth, as in all cases, makes
3 charges in the form of a Criminal Complaint and then a
4 Bill of Information which has been filed in this case
5 and charges the defendant with three counts of
6 aggravated indecent assault. And that will all be
7 explained, the statutory elements.
8 But charges, as of this date right now,
9 this time, in that Bill of Information are only an
10 accusation. It is not any proof that the defendant is
11 guilty. Under our Constitution, the defendant is
12 presumed innocent unless and until he is proven guilty.
13 The District Attorney as counsel for the Commonwealth 410 14 has the burden of proving him guilty beyond a
15 reasonable doubt. The defendant has the right to
16 remain silent and to present no evidence. You must not
17 hold it against the defendant if he happens to choose
18 not to testify at this trial.
19 Please pay very close attention to
20 everything that is said and everything that occurs
21 throughout this trial so that you can faithfully
22 perform your sworn duty as jurors.
23 Let me describe in a general way what
24 will take place. First, the Assistant District
25 Attorney will make an opening statement in which he or 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 182
2 she will outline the Commonwealth's case against this
3 defendant. The defendant's attorney may then make a
4 statement outlining the defense. They can either do it
5 immediately afterwards or they can wait for later in
6 the trial.
7 Second, after opening statements, of
8 which I will tell you what opening statements mean, but
9 after opening statements are given, the District
10 Attorney will present evidence. They will call
11 witnesses to testify, may offer exhibits such as
12 documents or physical objects. Counsel for the
13 defense, of course, has a right to cross-examine
14 witnesses called by the Commonwealth in order to test
15 their truthfulness and the accuracy of their memory.
16 At the close of the Commonwealth's case,
17 the attorney for the defense may present evidence for
18 the defendant. Again, in the oath that you took, you
19 said you would follow that. But as I told you, the
20 defendant has no obligation to offer any evidence or to
21 testify because, under the law, every defendant is
22 presumed to be innocent and has that right to remain
23 silent. The burden is always on the Commonwealth to
24 prove the defendant guilty beyond a reasonable doubt.
41, 25 If the defense calls witnesses, of 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 183
2 course the District Attorney would have the right then
3 to cross-examine any of those witnesses.
4 After all the evidence has been
5 presented, the attorneys for each side will return
6 again and have the opportunity to address what are
7 called closing arguments or closing summations to you.
8 I would then give you the charge under the law, again
9 the statutory definitions of the charges brought in
10 this case, and all other instructions regarding rules
11 of law pertinent to the case and whatever additional
12 guidance that I think you may need for your
13 deliberations.
14 Then the jurors, first 12 selected if
15 they are what I call hale and hearty -- that means they
16 are able to continue to discharge their oath -- they
17 would retire and deliberate on a verdict in this case
18 and further instructions as to any alternate jurors
19 would be given at that time.
20 So we do know that it is the
21 responsibility of the judge to decide all questions of
22 law. Therefore, as I told you, you have to accept and
23 follow these rulings and these instructions that I've
24 given you throughout the trial, at the end and now in
25 my openings instructions. You are required under law 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 184
2 to follow them.
3 I am not, however, the judge of the
4 facts in this case. And that is a very key
5 distinction. It is not for me to decide what are the
6 true facts concerning the charges against this
7 defendant. You, the jurors, -are the sole judges of the
8 facts. It will be your responsibility to weigh the
9 evidence, to find the facts from that evidence, and
10 then applying the rules of law which I will give you to
11 those facts as you find them to decide whether or not
12 the Commonwealth has met its burden of proving the
13 defendant guilty beyond a reasonable doubt of the
14 charges made against him.
15 I am likely during the trial to give you
16 other instructions. Again, I will tell you I'm giving
17 you an instruction under law. You will hear them.
18 They can be, you know, evidentiary instructions, they
19 can be cautionary instructions, but you have to include
20 all of the instructions that I give you throughout the
21 trial as including -- including this one as a connected
22 series. Taken together, they will constitute the law
23 which you must follow.
24 As I have advised, the fundamental
25 principle of our system of criminal law is a defendant 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 185
2 is presumed to be innocent. The mere fact that he was
3 arrested and is charged with crimes is not evidence of
4 his guilt. Furthermore, a defendant is presumed to
5 remain innocent throughout the trial unless and until
6 you were to conclude based upon careful and impartial
consideration of the evidence that the Commonwealth has
8 proven him guilty beyond a reasonable doubt of the
9 charges made against him.
10 It is not the defendant's burden to
11 prove that he is not guilty. Instead, it is the
12 Commonwealth that always has the burden of proving each
13 and every element of the crimes charged and that the
14 defendant is guilty of those crimes beyond a reasonable
15 doubt.
16 Although the Commonwealth has the burden
17 of proving the defendant is guilty, it does not mean
18 that the Commonwealth must prove its case beyond all
19 doubt or to some kind of mathematical certainty, nor
20 must it demonstrate the complete impossibility of
21 innocence.
22 A reasonable doubt is a doubt that would
23 cause a reasonably careful and sensible person to
24 pause, to hesitate, or to refrain from acting upon a
25 matter of highest importance in his or her own affairs 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 186
2 or to his or her own interests. Again, I will define
3 that at the end of the case a couple of times over.
4 A reasonable doubt must fairly arise out
5 of the evidence that was presented or out of the lack
6 of evidence presented with respect to some element of
7 each of the crimes charged. A reasonable doubt must be
8 a real doubt. It may not be an imagined one, nor may
9 it be a doubt manufactured to avoid carrying out an
10 unpleasant duty.
11 Now, here's something important. During
12 this trial you are permitted to take notes. Okay? And
13 I'm going to explain exactly what that means. But you
14 will note you do not have those notepads with you now.
15 The only times you'll be taking notes is when witnesses
16 are testifying. So you might want to say, Hey, let me
17 write down some of the things that the judge says now.
18 I'll take care of all my instructions.
19 It's not for you to write them down. It is not for you
20 to write down opening statements because, as you're
21 going to hear me say over and over, opening statements
22 are not evidence. Okay? So there's no need. Closing
23 statements are not evidence. So there's no need to
24 have those notepads at that stage to write anything
411 25 down of what counsel says. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 187
All right. Here we go. Here's the
3 instructions about note -taking. We will distribute
4 notepads and pens to each of you in the event that you
5 wish to take notes during the trial. You are under no
obligation to take notes and it is entirely up to you
7 whether you wish to take notes to help you remember
8 what witnesses said and to use during your
9 deliberations.
10 If you do take notes, remember that one
11 of your responsibilities as a juror is to observe the
12 demeanor of the witness to help you assess their
13 credibility. Do not become so involved with
14 note -taking that it interferes with your ability to
15 observe a witness or distracts you from hearing the
16 questions being asked a witness and the answers being
17 given by the witness.
18 Your notes may help you refresh your
19 recollection of the testimony and should be treated as
20 a supplement to, and not a substitute for, your memory.
21 Your notes are only to be used as memory aids and
22 should not take precedence over your independent
23 recollection of the facts.
24 Those of you who do not take notes
411 25 should not be overly influenced by the notes of other 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 188
2 jurors. It is just as easy to write something down
3 incorrectly as it is to remember it incorrectly. And
your fellow jurors' notes are not entitled to -- are
5 entitled to no greater weight than each juror's
6 independent memory.
Although you may refer to your notes
8 during the deliberations, give no more or less weight
9 to the view of a fellow juror just because that juror
10 did or did not take notes.
11 Although you are permitted to use your
12 notes for deliberations and in the deliberation room,
13 the only notes that you may use are the notes that you
14 write in the courtroom during the proceedings on the
15 materials that we distribute.
16 Every time we adjourn, except for if
17 it's a brief little one and you just leave it on your
18 chair, but every time we adjourn for the day or a
19 luncheon break, your notes will be collected and
20 secured in a locked cabinet by the Court. Your notes
21 are completely confidential and neither I or any member
22 of the court staff will read your notes now or at any
23 time in the future. After a jury has reached a verdict
24 in this case, your notes will be destroyed immediately
III 25 by court personnel. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 189
2 So even though you take notes, at the
3 core of what that is, when you're deliberating on your
4 verdict, you have to rely on your own recollections of
5 what was said and what occurred here in the courtroom.
6 I have a court reporter who will make a
7 record of all the testimony. So if you fail to hear a
8 question or an answer while a witness is testifying,
9 just raise your hand immediately. We've got a lot of
10 eyes who will pick it up quickly. And I can then go
11 and instruct the court reporter to read back whatever
12 that question or whatever that answer was.
13 So sometimes witnesses are not going to
14 speak clearly. Sometimes they could speak softly.
15 Sometimes they could drop their voice. Sometimes they
16 could speak rapidly. At times they could speak with an
17 unfamiliar accent or they may use words the meanings of
18 which are unfamiliar to you. Do not take a chance on
19 not knowing or understanding what a witness said. Do
20 not rely on one of your fellow jurors to refresh your
21 recollection or memory. Each of you needs to have a
22 clear and independent recollection and understanding of
23 everything that was said and everything that occurred
24 here in this courtroom.
25 So I repeat, if you did not hear it or 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 190
2 you did not hear it clearly or you did not understand
3 it, please raise your hand then and there and it can be
4 read back by the reporter at that time.
5 After you go into the jury room to
6 deliberate on your verdict, if you find that your
7 recollection of particular testimony has become
8 confused or uncertain, I may -- that is, I may -- at
9 your request permit the Leporter to read that testimony
10 to you, but you ought not rely on getting that kind of
11 help from the reporter.
12 Now, I say that because we live in an
13 on -demand, a TiVo age, to where sometimes the jurors
14 are saying, Well, look, everything's being recorded
15 here and everything like that. I'm going to check out
16 on the testimony right now. I'm just not going to
17 listen as carefully. But then when we go back and
18 deliberate, I can just ask that they come and show us
19 the testimony, read it back to us. Please, that is not
20 what the intent of that is.
21 That means in a trial like this, which
22 could be lengthy, if, for instance, witnesses who
23 testify early, just as a genuine you don't remember and
24 you want certain of it read back, we have the ability
411 25 to do it. But when we do it, we -- if you're able to 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 191
2 say it's a specific portion, we'll do it, but again,
3 reading back testimony is not generally what we do
4 which is why we give you notes -- you know, a notepad
5 for taking them and why you do have that ability to
6 know the official record of the court can be read back.
7 So that's a real, you know, clue to you to listen
8 attentively to every witness so that the testimony will
9 be clear in each of your minds independently.
10 So I'm going to drop something in here
11 that doesn't seem really connected, but it is very
12 important. So in the oath that you just took, one of
the implicit parts of that oath of being a fair and
impartial juror is the whole question we asked you when
15 they were doing the voir dire; and that is, not
16 allowing sympathy, bias, or prejudice to be part of
17 your listening to evidence, considering evidence,
18 deliberating upon evidence, and making it part of any
19 type of verdict.
20 So I give you the direction. You are
21 not to permit any sympathy you may feel for any of the
22 witnesses or the alleged victim or for the defendant to
23 divert you from your sworn duty to consider all the
24 evidence fairly and impartially when deliberating upon
41, 25 your verdict. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 192
2 Now, let's get to testimony. As I said,
you and you alone are the sole judges of the
4 credibility. That's how it works. Testimony,
5 credibility, you decide what weight to give it. You
6 find facts. None of us do that. So you would have to
7 be judges of the credibility and the weight that you
8 wish to give all of the evidence which then also would
9 include the testimony of the witnesses. You must
10 consider and weigh the testimony of each witness and
11 give it such weight as you in your judgment feel that
12 it is fairly entitled to receive.
13 The matter of the credibility of a 411 14 witness; that is, whether or not his or her testimony
15 is believable and accurate, in whole or in part, is
16 solely for your determination. Don't look to me to
17 answer it. They can't answer it. They can make their,
18 you know, their positions known at closing argument,
19 but only you make that decision. That's what jurors
20 do.
21 Now, I can now mention some of the
22 factors which might bear on that determination. And
23 they are such of things that I would expect all of you
24 to know as men and women of the world because you make
25 credibility decisions almost every minute of every day 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 193
2 of your life. It's just what you do as men and women
of the world. But here are some of the factors that
4 the law does recognize:
5 Whether the witness has any interest in
6 the outcome of the case or might have a friendship or
7 an animosity towards other persons concerned in the
8 case. Like I said before, the demeanor of the witness,
9 his or her manner of testifying, and whether he or she
10 shows any bias, prejudice, or any kind of sympathy or
11 anything which might color his or her testimony. The
12 accuracy of the witness's memory and recollection of
13 the witness. His or her ability and opportunity to
14 acquire knowledge of or to observe the matters
15 concerning which he or she testifies. The consistency
16 or inconsistency of his or her testimony as well as its
17 reasonableness in light of all the evidence that you
18 are considering in the case. I will instruct you on
19 this at the end. After you've heard it all, I'll give
20 you these instructions in similar form at the end of
21 the case.
22 So what we are all relying upon when you
23 all answered that question, Can you be a fair and
24 impartial juror that can serve, much of that surrounded
25 that concept of keeping a completely open mind 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 194
2 throughout the trial because it is only what you hear,
3 what you see, what may be read to you, what is in
4 evidence that you will utilize to determine the facts
5 in this case. So, again, I harken to you that the oath
6 that you just took, this is in that. That's part of
7 that oath.
8 Now, it is impossible to give you all of
9 the evidence in this case in one instance. It just
10 can't be done. It has to be given witness by witness,
11 question by question, and answer by answer. Therefore,
12 you will not have all of the evidence in this case
13 until all the evidence has been presented.
14 So we're going to start with those
15 cautionary instructions. Those cautionary
16 instructions. So I gave you the rule. You all said
17 you would abide by the rule. I just interviewed all 18
18 and you said you have abided by the rule. So any
19 references I'm now making is the rule. But let's start
20 with the actual instruction around it.
21 So if I'm requiring you to only
22 determine facts from witnesses or evidence, and they
23 can only be done question by question and answer by
24 answer, you're not going to have all of the evidence in
411 25 a case until all of the evidence has been presented. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 195
2 So it can be a very normal thing of
3 people, outside of being on a jury, that when you're
4 experiencing something in the moment or you're
5 recollecting the testimony of the day, it could be a
6 very natural inclination for you to want to say, Hey,
7 someone who is sharing a similar experience with me,
8 what do you think?
9 And we already know that that would be
10 absolutely violative of this oath because you would be
11 talking with a fellow juror about evidence in a case
12 when the case isn't completed, you don't have any law
13 from the judge, and, most importantly, it's not the 12
jurors who ultimately will retire to deliberate on this
verdict. That's what's behind it.
Your opinions in the moment, your
17 recollections in the moment are of no moment because
18 you aren't 12 together discussing it in the form of a
19 deliberation. I don't think I can give you any more
20 important instruction that is embodied in here than
21 that, that it starts internally and it's not just
22 external, you know, exposure to anything on the
23 outside.
24 So, again, you should not talk to each
25 other about this case, about the evidence, or about any 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 196
2 other matters relating to whether or not the defendant
3 has been proven guilty beyond a reasonable doubt until
4 the first 12 selected or the 12 that remain to
5 deliberate in this case are in that jury room
6 deliberating.
7 Because even after you have heard all of
8 the evidence, you're not in a position to make up your
9 minds. You're just not. Because, you know, any
10 decision you make around the guilt or the innocence of
11 the defendant, you haven't heard any of the arguments
12 of counsel.
13 Now, arguments of counsel -- and, again,
14 I'm going to make it clear what opening statements are,
15 but arguments of counsel at the end should be listened
16 to because they heard the same and they're going to
17 give you their position on it, but it's not evidence in
18 the case. But they're important to hear. But, most
19 importantly, you won't have gotten the law, the
20 instructions of the Court as to what law do you apply
21 to the actual facts that you find.
22 So that's why you can't be talking about
23 the case. And any infraction of that, I've asked you
24 and I've given you a procedure that you can bring it to
25 the Court's attention if you think that anybody on this 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 197
2 jury has talked to you about the case or about what
3 evidence they heard or any comments about it.
4 So, again, it's not going to be walking
5 into the room and say, Does anybody -- it will be
6 individually. And if you feel that you've been exposed
7 to it, that's the time to tell the judge. And then I
8 know what to do with it from there. Okay? I'll handle
9 that.
10 So when you deliberate on your verdict,
11 the law allows you only to consider evidence. And I'm
12 going to go over it very clearly. Evidence in a case
13 is only testimony and properly admitted exhibits. It
14 is not any statement of counsel. It's not anything
15 that they may blurt out. It's not anything that is
16 contained in an objection. And I'm going to go over
17 objections and how we handle them. It is only
18 testimony that comes from that. That's it.
19 So you may hear a lot of opinions,
20 positions, perspectives, you know, words that are
21 contained in objections, but really, you know, they may
22 be counsel's opinions. They're not evidence in the
23 case. Please disregard them in terms of evidence in
24 the case because they are not evidence. So, again, you
41, 25 must avoid anything that might result or appear to 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 198
2 result in you being exposed to outside information.
3 Now, that's the rest of this rule, okay,
4 which starts off talking about, again, the system of
criminal law allowing you to consider evidence,
6 arguments, and legal instructions that are presented
7 during the course of the trial. So it is your
8 affirmative obligation to avoid anything that might
9 result or appear to result in you being exposed to
10 outside information or influence.
11 I've just talked about inside
12 information. That is jurors talking amongst themselves
13 about any aspect of this case until the 12 that are 411 14 deliberating are discussing this towards deliberating
15 towards a verdict. Allowing outside information to
16 affect your judgment is unfair and prejudicial to the
17 parties and could lead to this case having to be
18 retried.
19 Therefore, you must not communicate with
20 anyone else about the case or listen to others talk
21 about the case until the trial is completely over and I
22 discharge you. By "communicate," I mean more than just
23 talking face-to-face with other people about the case.
24 You're not to communicate with anyone about the case by
411 25 cell phone, text message, e-mail, or by posting 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 199
2 information about the case or what you're doing as a
3 juror on any website, including, but not limited to:
4 Facebook, Twitter, Google, or any other type of similar
5 social media websites.
6 You can not even discuss this case with
7 members of your family and close friends or court
8 personal until after your service is completed. Boy,
9 that's the hardest of them all because I do envision
10 the contact with family members, you know, whether it's
11 having some kind of a breakfast or lunch maybe on a
12 Sunday. But I do expect that you're going to be able
13 to call and talk to family members and reassure them.
14 But they can't talk to you about the
15 case. And, boy, they're going to want to. They're
16 going to want to take care of you. They want to be
17 part of the process and support you because that's what
18 good partners and good friends and good partners,
19 that's what they do. And, boy, is that tough because
20 they're going to feel affront like, hold on, nobody's
21 listening.
22 And I'm like -- don't make me do it.
23 Somebody who's not involved in the case isn't here.
24 And I truly -- when I kiddingly say talk to the hand,
411 25 boy, I don't know any better expression. Just say, you 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 200
2 know what, you can't talk to me. I love your support.
3 I care. It means a lot to me. But you're not a juror.
4 You weren't summoned. It's just me who has this great
5 weighty responsibility. So that's why you can't
6 discuss this case with members of your family, close
7 friends, court personnel.
8 You must not have any conversation, even
9 casual conversations, with the defendant, counsel from
10 either side, or any witnesses. You're not permitted to
11 discuss this case with other members of the jury.
12 Again, going back, that's really important. That's
13 internal communications. So I think you understand it.
14 Because of the sequestration, you should
15 not be in contact with any counsel, any witnesses, any
16 member of the public. I have vowed that I will do
17 everything to protect your confidentiality, your
18 anonymity, and that you won't be exposed. And I will
19 continue to do that. But if you feel you're exposed to
20 anything from that outside just coming and going to
21 this courthouse, that's the time. When I ask the
22 question, How are you? in the morning, that's the
23 opportunity to tell me if something you feel occurs.
24 So, now, while you are sequestered in
25 this case or when you're here, your affirmative 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 201
2 obligation is to not read, to listen to, or watch 411 3 anything about the case in newspapers, magazines, or on
4 radio or television or the internet. Now, that could
5 be complicated. Because of the nature of this case, we
6 have felt it best to sequester you, and you've said you
7 can serve under those conditions.
8 It would be unrealistic to believe that
9 while you're watching T.V. and watching an
10 entertainment program that there may be a cut -in for
11 the news or something that may come on. Your
12 obligation again is to turn away from it, turn it off,
13 not consider it; or if it does, be able to at least
14 say, Look, I heard it, but it's not affecting my
15 ability to be fair and impartial. And be honest about
16 it.
17 Can't stop all exposure that comes in,
18 but what I can, as part of yoUr oath, is say, Don't
19 actively go out there looking for anything. If you
20 have a news aggregation service, don't go on it for
21 this period of time. You'll be okay. You know, if we
22 need to deliver a newspaper that has it cut out, we
23 might have to do that, you know, but there will be
24 stories. And there will most likely be stories every
25 day. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 202
2 So I can get you the news. You know,
3 I'm envisioning the local newspaper or perhaps USA
4 Today, but it would be prescreened to make sure that
5 there's no story in there. That way you don't have to
6 have a feeling to say, Look, I'm a man or woman of the
7 world. I want to find out what's going on in that
8 world. Really difficult.
9 But if I put the obligation on all of
10 you and I know how great you are and I know up to
11 now how you've followed our instructions -- I think
12 we're all going to be okay because you now have taken
13 it almost as a moral responsibility to not let that
14 outside information influence you because you're going
15 to get it all direct, first-hand, not washed through
16 any source, not somebody's idea of what was said, not
17 any other perspective. You're going to be right here.
18 You've got a front row seat. You don't need to find
19 out what somebody else says about it or what somebody
20 else's opinion is about it because the only opinion
21 that matters is yours. So I hope you understand that.
22 So that means you can't go trying to get
23 information relevant to the case on your own. You
24 can't make any investigations or do any research. You
25 won't be visiting the scene, because you're going to be 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 203
with us, or conduct any experiments. Don't try to do
3 any internet search about the facts of the case or
4 participants in the case or any law regarding the
5 matters. You'll get it all right here.
6 You are specifically prohibited from
7 using a computer, cell phone, or other electronic
8 device with communication capabilities at any time
9 while you're here in this courthouse. That we know.
10 Okay? If there's an emergent idea that I have to check
11 while I'm in the courthouse some e -mails about work
12 because I'm doing something, please notify someone that
13 you do have to look at that important thing.
14 There may be, of course, a check -in
15 period of time during the day if you need to check in
16 with loved ones. We'll work on that to make sure, but
17 that's all it is, checking your phone to check on a
18 loved one. But it can't be in your deliberation room.
19 It can't be in there for fear that someone might be
20 checking it in this case.
21 So you're specifically prohibited to use
22 a computer, cell phone, or other electronic device with
23 communications capability any time during your
24 attendance at trial or specifically during jury
25 deliberations. Those devices can be used during a 204 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 break or recess in the proceedings but must never be
3 used to obtain any of the following types of
4 information:
5 Information about a party, witness,
6 judge, or court official; news reports about the case;
7 information collected through juror research or
8 anything about the facts of the case; information
9 collected from juror research or any topic raised in
10 any testimony offered by any witness; information
11 collected through any -- your own research as to any
12 topic that you or another juror might think would be
13 helpful in deciding the case.
14 You must understand that any prospective
15 or selected or juror who uses an electronic device for
16 one of those reasons that I have just indicated or who
17 records or broadcasts any of the events occurring
18 during this judicial proceeding, who would otherwise
19 violate any specific instruction I have given you
20 regarding the prohibited use of electronic devices
21 during these court proceedings, could possibly be found
22 in contempt of court and subject to fine, imprisonment,
23 or both or discharge from this jury. That juror would
24 also be subject to whatever sanctions I would deem
25 appropriate, including the confiscation of the 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 205
2 electronic device improperly used in violation of these
3 rules.
4 Again, please report to me immediately
5 any violation of these rules by either yourself or
6 anyone in this matter.
7 All right. I told you I'd read it
again, and I did. And you all have a copy. I let you
9 keep it if you ever need to refer to it. If you need
10 another copy, we'll get you another copy. It's the
11 rules.
12 So when I give cautionary instructions,
13 I'm going to say to instruction 2.06. That's going to 410 14 save me a lot of time when I do these cautionary
15 instructions. Okay? So that's what I'm talking about
16 when I talk up here about this instruction and
17 specifically Rule 2.06.
18 So, to be clear, don't read, watch
19 anything about the case. Don't try to get any
20 information. The only information should come while
21 you're all together acting as a jury in the presence of
22 myself, the attorneys, and the defendant.
23 Again, please report to me promptly if
24 you ever suspect you have been exposed to improper
25 outside or inside information or influence or that 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 206
2 someone has deliberately tried to exposed you to and
3 that sort of thing.
4 Now, we're not going to be wandering
5 around the hallways with you, but I may -- I could be
6 passing you, seeing you in the hallway. I've set the
7 specific time I'm going to talk to you and the specific
8 people who will be there. So if I walk by you in the
9 hall, you know, like, Hey, Judge, it's me, the juror,
10 and I don't say anything, that means I'm trying to do
11 my best.
12 You could see one of the parties here,
13 one of the attorneys like walking down the hall when
14 you may be walking in to come and see me. I don't
15 think that'll happen, but if they don't say anything to
16 you, please don't be offended. It's all a part. They
17 have an affirmative obligation under their oaths to
18 this Court to not engage you in any way. So if they're
19 not talking to you, don't take offense by that.
20 They're just doing their jobs so that there's never
21 going to be an appearance that you have gotten some
22 information from any outside. Same goes with any
23 witness in this case, anybody that you see in this
24 case.
25 Okay. Now, it will be your recollection 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 207
2 of the evidence that controls -- because you're the
3 finders of the fact; right? If you're the finders of
4 the fact, it can only be your recollection. It is not
5 my recollection. It is not counsel's recollection of
6 the facts on which you must rely when you're
7 deliberating.
8 You are not bound by, nor should you
9 consider, any opinion which you think counsel or even I
10 have expressed either through questions, by their
11 statements, or whatever regarding either the guilt or
12 innocence, the credibility of a witness, the weight of
13 the evidence, facts proven by the evidence, or
411 14 inferences to be drawn by the facts because you make
15 the decision.
16 And if you think that that's an
17 opinion -- sometimes people say, Well, maybe the judge
18 has an opinion; we should follow it. No, that's not
19 the law. Maybe you say, Geez, they're pretty good
20 lawyers, I'm going to follow -- you know, if they give
21 an opinion, you can't follow their opinion because it's
22 only your opinion that matters. So make sure that
23 you're able to make that distinction. I hope that I
24 don't have to give you that instruction too many times
25 during this case. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 208
2 Ready for this one? It is important.
3 Statements made by counsel do not constitute evidence.
4 I've said it before, but I wanted to say it again.
5 Statements made by counsel do not constitute evidence.
6 Ready for this one? The questions which
7 counsel put to a witness are not themselves evidence.
8 Now, that might be a little different here because
9 you're going, Well, geez, they're saying something in
10 their question, that must be evidence. It's not. It
11 is not. It is only the witness's answer. That's it.
12 So you are going to find how expert you all become in
13 listening to testimony. fli 14 So the question's an important frame of
15 reference, but it's not evidence. It's the answer that
16 comes from that witness that's important. Questions
17 which counsel put to witnesses are not themselves
18 evidence. It is the witness's answers that provide the
19 evidence for you.
20 You should not speculate or guess that a
21 fact may be true because one of the lawyers asks a
22 question which assumes a fact or suggests that a fact
23 is true. In fact, some of the lawyers are allowed to,
24 you know, ask what are called leading questions.
25 Listen to the question, but whatever is in it isn't a 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 209
2 fact. It's only in the answer. Really, really
3 important.
4 I could question some of the witnesses.
5 Those questions are not meant to reflect or not
6 intended to reflect any opinion on my part about the
7 evidence or about the case. My only purpose would be
8 to inquire about matters which in my opinion should be
9 more fully explored. But, again, don't read anything
10 into my questions or the fact that I do. It's just a
11 part of -- sometimes it occurs in the case.
12 So here comes a really big part. The
13 admission of evidence at trial is governed by Rules of
411 14 Evidence. It's a really big book, lots of rules, lots
15 of interpretations. So you will see it. It will occur
16 a lot in this case. It is this Court's duty, and my
17 duty only, to rule on objections to the evidence made
18 by the attorneys. Real important. It's going to
19 occur. So let's have a little preview of it.
20 Objection, Your Honor.
21 I hear an objection. So I will look to
22 counsel. And in some of them I can look at them and
23 they could say a rule of evidence: Hearsay, relevance,
24 beyond the scope, not proper cross. There's lots of
25 basic ones. They could say it and I could make a 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 210
2 ruling right away. Okay?
Now, if somebody, any party, objects to
4 a question, objects during it, and I say overruled,
5 okay -- so you heard it. Objection, Your Honor.
6 Overruled -- think of it as a green light. Overruled
7 means they've made their evidentiary objection, but the
8 witness may answer the question or continue on with the
9 testimony if they are -- the objection comes while
10 they're testifying.
11 Objection, Your Honor.
12 Basis?
13 Sustained. Think of that as a red
14 light.
15 Now, what's important about that:
16 Objection, Your Honor. Sustained. Think red light.
17 Think that in your minds. Red light, don't go any
18 further.
19 Now, the witness may be going on.
20 Counsel may be saying things. Remember counsel's
21 questions or statements aren't evidence, but the
22 witness could be going on answering it. You're hearing
23 it. It came in after the objection or they objected in
24 the middle of it. They might have been concentrating
411 25 on something else and the witness is halfway down with COMMONWEALTH vs. WILLIAM H. COSBY, JR. 211
2 an objectionable answer.
3 What do I do? I don't have a device
4 that can suddenly flash red and erase your mind as to
5 that little piece. Can't do it. We don't have such a
6 thing. Again, that is the importance of your oath, to
7 only consider evidence that is properly before you.
8 So you may hear me say that that was an
9 appropriate objection. It can't come in under the
10 rules. I strike it. You've got to strike it because
11 it could never be used by you again in any deliberation
12 because it's not evidence in the case. It's not a
13 fact. It's not evidence that you find.
14 So that's objection to the Rules of
15 Evidence. And it's going to happen constantly in this
16 case, constantly. So try not to concern yourselves
17 with the objections or the reasons for my rulings. You
18 must disregard evidence or any other matters which I
19 sustain an objection to or which I've stricken from the
20 record.
21 Counsel and I are required to take up
22 certain matters out of your hearing. So here's how I'm
23 going to try to make this work. And you're going to --
24 you know, this is going to be very tough because I'm
25 going to start with basic objections. Objection, if 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 212
2 they do it, and I make a ruling. Counsel, that's my
3 ruling. The fact that you made an objection, the
4 record is preserved for that. I don't need you to go
5 on if I make a ruling from here.
6 If I then say, Objection, I would like
7 to see you at sidebar, I could, in fact, take -- just
8 walk out that door. I may just look at them and say,
9 Could you please just give me where you are in the
10 Rules of Evidence for this objection without a court
11 reporter right at that stage. That allows me to come
12 back in and make a quick ruling and say, Okay, I'm
13 aware of that rule, but it does apply or it doesn't
14 apply here.
15 Third part, Objection. May we see you
16 at sidebar? I might ask them, Should we have the court
17 reporter because you want to put more on there? Okay.
18 I may do that. That could happen a lot in this case.
19 And I can only ask you not to hold it against counsel,
20 not to hold it against the Court. It is just an
21 important case with really great lawyers involved who
22 are simply, you know, using the Rules of Evidence as
23 they see best with regarding their -- concerning --
24 what concerns them the most is representing each side
41, 25 under the rules. So try not to concern yourself. 213 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 There may be times that it's good for a
3 break and I'll send you that way and we'll do it here
so we don't have to disturb you and make you sit here,
5 like, What are they doing back there? Okay? So I've
6 got a whole bunch of different ways of handling that,
7 but try not to concern yourself with any such
8 proceeding.
9 I repeat, the only thing you're here to
10 determine is whether from the evidence you find that
11 any of the crimes have been committed; and if so, you
12 find whether the defendant is or not guilty, meaning
13 has the Commonwealth met its burden of proving the
14 defendant guilty beyond a reasonable doubt.
15 Now, while you're doing that, do not
16 concern yourself with -- and I said this and you took
17 an oath to do this. Never should you ever, ever be
18 concerned with what a penalty might be if you were to
19 find the defendant guilty. That never ever enters into
20 a jury's consideration. So while you're listening to
21 evidence, please do not consider that.
22 The question of guilt and punishment are
23 separate questions. And only if the jury was to find
24 the defendant guilty would it become this Court's
411 25 responsibility with regard to any sentence. But that's 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 214
2 important. You shouldn't be thinking about it while
3 you're listening to anything and you'll hear me tell
4 you clearly you should not be considering it when
5 deliberating.
6 Whatever your verdict is, it has to be
7 unanimous to be valid. That means, as I told you
8 before, all of you have to agree on it or there will be
9 no verdict. In the jury room you're going to discuss
10 the case amongst yourself, but ultimately each of you
11 have to make up his or her own mind.
12 Therefore, right now, after these
13 instructions, you all have a great responsibility which
14 you can't avoid. And I think each and every one of you
15 are up to this task. You must do your best throughout
16 this trial to fulfill this great responsibility.
17 Now, I'll tell you a little bit about
18 the trial schedule, and then we're going to get to the
19 opening statements.
20 Again, this is a case in which we will
21 take care of all transportation. So it's not one of
22 these, What time do I arrive? So I'm saying that we'll
23 probably getting started, make sure that you're here by
24 9:00. Then make sure that any of the matters that need
411 25 to be taken up in advance -- if I can, I'll start with 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 215
2 them to work at 8:30 to get our work done before you,
3 but I'm hoping that promptly at 9:30 -- or if we're
4 behind schedule, we can actually maybe start a little
5 quicker, but at 9:30 we're going to be out here taking
6 testimony.
So, again, well go for about an hour and
8 a half. But I remind each and every one of you, if you
9 have any need to use the restroom, work out a signal
10 with your friendly, local tipstaff, whatever it is.
11 And that's okay because that's your signal to them
12 without drawing a lot of attention that I got to use
13 the restroom. I have to use the restroom a lot. I'm
14 sure they do. So we take breaks. We don't keep going.
15 We'll go until about 12:30. Lunch will
16 always be ready for you. You'll have menus to choose
17 from. You'll always be meeting in there. So we've got
18 that taken care of. That allows us to only work -- you
19 know, we have lunch for about an hour, hour and 15
20 minutes, get a little fresh air break in there, get
21 right back to work.
22 Again, because you're sequestered, like
23 today, I'm going to keep working until the opening
24 statements are done. You probably aren't going to hear
410 25 any testimony today. I don't know how long they're 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 216
2 going to go, but we can work a little bit because then
3 we've got to get them ready for dinner, back out to the
4 hotel. So I can work a little bit longer each day. So
5 I hope that that works for you. But, again, any issues
6 at all, just let me know and we'll take a break right
7 then.
8 Wear your juror badges. We've got you
9 pretty close, but always wear them just so that -- I'm
10 telling everybody around here. And, again,
11 specifically to anybody watching in Courtroom C,
12 anybody who's in this courtroom, you need to respect
the rights of these jurors.
And if I find anything that anybody has
15 attempted in any way to communicate in any fashion with
16 these jurors or in any way to get information about
17 them or release it to the public, that is going to be
18 contempt of court because you are all directed at this
19 stage that you are not to do so.
20 So, again, that's important, but you've
21 got to at least give them notice, like here I come,
22 okay, meaning just walking sometimes, I want to make
23 sure that I've kept you protected.
24 With that, I'm going to close these
411 25 opening instructions and trust that you're going to 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 217
2 follow them closely.
3 The next step in this trial, as I
4 mentioned to you earlier, is for counsel to give an
5 opening statement telling you what is expected to be
6 proven or what they believe will not be proven in the
7 trial of this case.
8 This is so important because I'm going
9 to give it a lot. The opening statements, as with any
10 other statements of counsel, do not constitute evidence
11 and you are not to consider these opening statements as
12 established facts.
13 The only and singular purpose of a
411 14 statement is to give them the opportunity to tell you
15 what they believe, in a general outline form, what is
16 the case about so that you will have a better
17 understanding of how each piece of evidence fits in,
18 subject, of course, to your evaluation of the evidence
19 as to its credibility, its accuracy, and the weight to
20 be given to that evidence.
21 You are not to conclude that counsel
22 will necessarily be able to prove what they say they
23 expect to prove or that I will even permit a witness
24 who they may refer to in an opening statement to even
411 25 testify in this case. Rules of Evidence have to be 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 218
2 decided in the context of a trial.
3 So they can come in here and they intend
4 to give opening statements to -- you know, again, just
5 statements of counsel what they expect to prove or what
6 they don't think is going to be proven. Listen
7 carefully. They may say something will come in that
8 never comes in. Well, that means it's subject to a
9 ruling of this Court. I will make evidentiary rulings
10 as to witnesses who can testify, who can't testify in
11 the context of the trial. I won't make them
12 beforehand.
13 So there could even be objections during
411 14 these opening statements, and they're just preserving
15 the record, but those objections may be that they're of
16 the position that this Court will never even allow a
17 witness to testify. Understand that if those
18 objections come in, that's what they're about because,
19 again, they're just statements of counsel. They're not
20 the evidence in the case. The only evidence in the
21 case is what you, you know, decide is evidence and
22 facts in this case. So, again, that's very important
23 to understand.
24 So, with that said, the attorney for the
411 25 Commonwealth always goes first and then followed -- 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 219
2 I'll probably take a five-minute -- you know, this is a
bathroom break after that, and then we'll go into the
4 defense opening statements and try to get them done
5 today. Then I'll decide whether we're going to go into
6 evidence thereafter, but I have no idea how long
7 they're going to take.
8 With that said, you may deliver the
9 opening statement. Let me just ask this. I'm sorry.
10 Is everybody okay or does anybody need a real quick
11 break?
12 We're all okay to listen to opening
13 statements. Here we go.
14 Opening statement of the Commonwealth.
15 MR. STEELE: If it please the Court and
16 counsel.
17 This case is about trust. This case is
18 about betrayal, and that betrayal leading to the sexual
19 assault of a woman named Andrea Constand.
20 Now, ladies and gentlemen, when I talk
21 about trust, I talk about trust that was built over
22 time, a trust that was built between the defendant and
23 the relationship that he built, that one of trust, with
24 a woman that you will meet named Andrea Constand.
41, 25 And in January of 2004, that trust was 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 220
betrayed. It was betrayed because he used words, he
3 used words to try to get her to take pills. Then he
4 used words to try to encourage her to drink something.
5 And because of that trust, she did. And that leads to
6 what happened.
7 It led to a woman being incapable of
8 making a decision, a decision about something that was
9 going to happen. Incapable. And then, ladies and
10 gentlemen, the defendant sexually assaulted her,
11 committed what he is charged with, aggravated indecent
12 assault.
13 So let me go back to those words, the
14 words that he said in this. The defendant goes
15 upstairs in his house in Cheltenham, upstairs, and then
16 comes down and he's holding three blue pills. And when
17 he does that, he says these words about the pills:
18 "These are your friends. I have three friends for you
19 to make you relax."
20 There's a conversation that you'll hear
21 about where she's asking whether they're herbal. And
22 they'd had some conversations about things like that in
23 the past. And she probably makes a really bad decision
24 and she takes them.
411 25 Then when she shows up at that house in 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 221
2 Cheltenham, one of the defendant's homes in Cheltenham,
3 when she comes in, there's a glass of wine that had
4 been poured. And he says to her, "Just sip it. Take a
5 sip." And she pushes back on that and she says, "I
6 haven't eaten," you know, and doesn't want to. And he
7 keeps pushing and pushing, "Take a sip." She does.
8 Then, ladies and gentlemen, you're going
9 to hear testimony from her. And you're going to hear
10 her describe to the best of her ability what happened
11 then. All right? And when I say "to the best of her
12 ability", make sure you consider and think about the
13 pills, that glass of wine, because then he helped her
4110 14 to a sofa. She was unconscious. She's out of it. She
15 will describe her -- how her body felt during this
16 circumstance. And then she's jolted during this and
17 she -- she feels herself being violated. She feels a
18 hand in her.
19 And, ladies and gentlemen, these are
20 going to be like snapshots of what occurs, again,
21 because of the things that happened before, but
22 snapshots on that. And this will be blurry.
23 And then she recalls him taking her hand
24 and putting it on his penis. And she'll tell you she
41, 25 remembers waking up on this sofa with her clothes 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 222
2 disheveled at 4:00 in the morning. This is hours after
3 this starts, waking up on this sofa. The defendant
4 comes down, gives her something to drink, gives her
5 something to eat, and she leaves. She goes.
6 Ladies and gentlemen of the jury,
7 there's a term, and I know it's not just in the work
8 that we do, but there's a term that you hear a lot of
9 things. And it's not just in a sexual assault case;
10 it's in a lot of things in life called he said -she
11 said. There's two sides of a story.
12 And so as we start out today here -- and
13 I'm going to spend some time on this today because as
4110 14 we go through this case and, as the judge said, you
15 know, this is our opportunity to give you a preview of
16 what the evidence that we think will be.
17 And I can't go through it all today
18 because we'd be here a whole long time, but I'll try to
19 do my best to hit a number of different aspects of this
20 to give you a preview of what goes on, but I come back
21 to the he said -she said aspect of it. And when you are
22 listening to the testimony in this case, the he -said
23 and she -said are very similar in so many respects.
24 Ladies and gentlemen, I ask when you
411 25 hear the testimony and then get to hear a couple 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 223
2 different things -- and we're going to touch on them
3 today -- you know, statements that the defendant made
4 to the police, statements that the defendant made in a
5 deposition and hear his words, that, ladies and
6 gentlemen of the jury, is something that the
7 Commonwealth, we, encourage you to pay close attention
8 to throughout this, close attention to those words
9 because part of this today -- and we spoke to the judge
10 about this before in going through some of the
11 elements that's your job here to look at and to look at
12 in this is what are the things that is our burden? And
13 you've heard it's a burden of proof for us -- and we're
14 going to be presenting witnesses -- burden of proof to
15 make out the elements of the crime.
16 So what are those elements that you have
17 to be looking at as you sit here to do the job that you
18 signed up to do or that we've recruited you to do?
19 You're going to be looking at different aspects of the
20 evidence, and so we'll try to give you a preview on
21 that.
22 So -- and let me be clear about it.
23 This case, and when I say sexual assault and when I say
24 aggravated indecent assault, this is not a case where
411 25 we're alleging rape, sexual intercourse. But I want to 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 224
2 turn again to the defendant's words. The defendant's
words.
4 Jon, go to the next one.
5 You're going to hear and we're going to
6 introduce during the case a statement that the
7 defendant made. And in that statement on July 26th of
2005, he's asked the question: So you've never had
9 sexual intercourse? And he's talking about Andrea
10 Constand and he. He says, Never asleep? Never asleep
11 or awake. Okay. Ladies and gentlemen, when you're
12 looking at the testimony, look at, you know,
13 unconscious, look at inability to consent, all of those
14 type of aspects as we go through this evidence.
15 Go to the next one.
16 You're going to hear about a
17 conversation that the defendant had with the victim's
18 mother, a lady named Gianna Constand. And he's asked
19 about that. He's asked about that. And what he says
20 about that and about that conversation is: And I'm
21 apologizing because I'm thinking this is a dirty, old
22 man with a young girl. I apologized. And I said to
23 the mother it was digital penetration.
24 So when we're talking about he said -she
41, 25 said -- and you'll hear testimony concerning what 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 225
2 Andrea Constand said -- well, know that the defendant
is apologizing for what he did. Digital meaning his
4 fingers, his hand, in her. All right.
5 So why Andrea Constand? Why her?
You're going to hear both the defendant's statement and
7 a deposition. The defendant's statement: The romantic
8 interest developed after your friendship was
9 established. He said, I'd like to get to know her.
10 And then in deposition, he's asked: When did you first
11 develop a romantic interest in Andrea?
12 Probably the first time I saw her.
13 And, ladies and gentlemen, when you're
14 listening to the testimony in this case, the evidence
15 that we'll put forward as this develops, understand and
16 look for testimony regarding that and regarding what he
17 did and his actions and how he built this relationship
18 with her, this trusting relationship with her. And
19 know that, according to him, from the moment that this
20 started that there was something behind that.
21 You will also hear in the testimony and
22 you'll hear in the testimony from the victim, Andrea
23 Constand, that on a couple of occasions, she stopped
24 him from doing something. From the defendant's words
411 25 in this case, you will hear that he was stopped. So 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 226
2 consider that when you're considering what happened on
3 the night in January of 2004.
And that's the preview of the evidence
5 that you're looking at in this case and considering as
6 this goes, evidence that is going to come in, you know,
7 through different places and different people. Okay?
8 And that's part of -- and the judge describing the
9 trial and how this goes on, on how these different
10 pieces are coming in. So, again, a preview of number
11 of things.
12 All right. Go to the next one.
13 All right. Andrea Constand. You're
14 going to hear from a woman named Andrea Constand.
15 You're going to hear some of her background and why and
16 how this -- this -- this sighting by the defendant, you
17 know, and then what happened afterwards and what
18 developed from that.
19 And part of it goes to Temple
20 University. At the time of this, Andrea Constand was
21 Director of Operations for Temple basketball. And
22 you'll hear some of her background and you'll see her.
23 You'll probably be able to guess that she was a
24 basketball player and a pretty accomplished basketball
411 25 player, and then had gone to work for Temple University 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 227
2 and was in this Director of Operations role with the
3 University.
4 And then and at that time, the defendant
5 was involved in some things or at least interested in
6 them, in programs. He was a trustee for Temple
7 University. And there were contacts between the two of
8 them, and you'll hear about them, you know, lots of a
9 different phone calls and lots of different aspects of
10 this. So that's Andrea Constand and that's the lady
11 that you're going to hear from that's the victim in
12 this case.
13 So when you listen to her testimony in 410 14 the case, as in any case, you should focus on, you
15 know, what she's saying, what matches up with the other
16 things in the case. And that's part of assessment of
17 credibility. But as you go through all that, recall
18 also what happened and what the -- the situation that
19 she was in at the time because that's a part of this.
20 Go to the next one.
21 And the judge is going to give you the
22 law, and so I'll just touch on this real quick. In a
23 case, a defendant could be convicted just based upon
24 the victim's testimony alone, all right, and that's the
41, 25 case and that's, you know, something that we see in 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 228
2 these type cases.
3 But we're asking you also to go further
4 and look at the corroboration that is in this case and
5 that is developed through the evidence. And that's why
6 we ask you to keep paying attention to the different
7 pieces of evidence that are developed.
8 Go to the next one.
9 All right. So it becomes a habit of
10 mine. It's the same oath. I've been doing this for
11 probably a few years longer than they have. Gray hair.
12 And the oath that's given to each of you as you come in
13 and as you've done this and when you're sworn under
14 different aspects is an important one.
15 And it's important -- and I write that
16 up there because this is Commonwealth versus William H.
17 Cosby. Okay. Commonwealth versus William H. Cosby.
18 And that's what you just swore, that you were going to
19 sit and judge and listen to the facts in the case.
20 And, ladies and gentlemen, when you're
21 doing that, when you're looking through and listening
22 to the case, this case is not Andrea Constand versus
23 the defendant. This is the Commonwealth of
24 Pennsylvania versus the defendant. And I think it's an
25 important distinction for a couple of reasons. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 229
2 And I'll start with why we're here on a
3 case that happened in 2004. Okay. And you've heard
4 this. January of 2004. Andrea Constand reported this
5 to the police in 2005. She came from -- she left
6 Temple University. She moved to Canada where she was
7 from originally. She reports to the Canadian Police.
8 Then she -- they contact Philadelphia. Then they
9 contact Cheltenham because the jurisdiction is
10 Cheltenham where -- one of the defendant's homes.
11 Okay. So that's the background on how it gets there.
12 And then in 2005, you're going to hear
13 about the Cheltenham Police Department and you're going
14 to hear about an investigation that they undertook, and
15 you're also going to hear about Montgomery County
16 Detectives. And that's going on in 2005. And in
17 February of 2005, the District Attorney's Office, our
18 office, declined prosecution. You'll also hear that
19 Cheltenham was still investigating. But the case
20 ended. The case ended at that point.
21 Now, the next thing you're going to
22 hear -- and I'm going through a quick timeline on this.
23 The next thing you're going to hear is that there was a
24 civil suit, and that is person versus person. And that
III 25 civil suit is Andrea Constand versus the defendant, 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 230
2 William Cosby.
3 During that civil suit -- and I've
4 referred to it already -- there was something called
5 depositions and a deposition that was taken, kind of
6 like Ginny does here with writing down what people are
7 saying. So you get sworn and you go in on a
8 deposition. And during the deposition, the defendant,
9 over the course of a few days you'll hear, presented
10 testimony.
11 And then, ladies and gentlemen, you're
12 going to hear that the case got settled. And we'll go
13 into that in a minute here. It gets settled. And then
14 as part of that settlement, no information goes out
15 about the case. And so it lies dormant.
16 And then in July of 2015, July of 2015,
17 the judge who was involved in that case released pieces
18 of it to the public. And that, ladies and gentlemen,
19 led to our office re -opening the investigation with the
20 Cheltenham Police Department. Now, part of that and
21 part of re -opening an investigation is looking at when
22 it happened, okay, when something happens.
23 And so 2004 -- there's something called
24 a Statute of Limitations which is 12 years in
411 25 Pennsylvania. The defendant was arrested on 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 231
2 December 30th of 2015, so within that 12 -year Statute
3 of Limitations.
4 Let me jump back to a couple parts of
5 this. All right. So civil suit. Right. A civil suit
6 is one person versus the other. There's a few people
7 named in it. Ladies and gentlemen, as part of that
8 civil suit, the settlement in that was that the
9 defendant paid $3,380,000.
10 Go to that, Jon.
11 Confidential Settlement Agreement and
12 General Release. I'm going to touch on a couple parts
13 of this. It's a pretty lengthy document. We're going
14 to go into it more again. This is a preview, so I'm
15 just highlighting a couple different things. But
16 you'll see in this, the top portion of, this Settlement
17 Agreement and General Release, October 2006. Andrea
18 Constand, who I've mentioned, William Cosby, Martin
19 Singer, American Media, Gianna Constand, Andrea
20 Constand, and the undersigned counsel.
21 So we'll touch on a couple things with
22 this and I'll get to it in a moment. There's two parts
23 of the settlement that I'll touch on as this part of
24 the preview. One, where there's no admission of
411 25 liability for anybody, and then there's another 232 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 portion.
3 And let's go to that, Jon.
4 And I'm skipping ahead. So there's the
5 number that he agrees to pay, $3,380,000, to Constand
6 within 30 days. And then it goes through how the
7 payments -- and this is the attorneys Troiani and
8 Kivitz.
9 All right. Next.
10 All right. So, again, part of a bigger
11 document, but you'll see in this that -- General
12 Release, American Media's interests in not permitting
13 others -- Constand, Cosby, Singer, American Media,
14 Gianna Constand, Andrea Constand and the undersigned
15 counsel acknowledge Cosby's, Singer's, and American
16 Media's interest in not permitting others to know the
17 outcome or the underlying facts of the litigation, the
18 terms of this Confidential Settlement Agreement and
19 General Release, to learn more about Constand's
20 allegations or the defenses other than what is already
21 a matter of public record via pleadings or published
22 press reports, or information gathered and generated
23 during the course of the litigation, to gain access to
24 the motion and briefs currently filed under seal in the
25 litigation. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 233
2 And they acknowledge that Constand,
3 Singer -- or, Cosby, Singer, and American Medica enter
4 into this Confidential Agreement and General Release to
5 protect those interests accordingly, except as provided
6 in this Settlement Agreement.
7 Okay. So, as I mentioned, there's no
8 information about it. This was settled until July of
9 2015 when the judge releases the portions of the
10 deposition. And you're going to hear about, you know,
11 depositions and the different things in this case.
12 So I'll make a point here. When we say
13 Commonwealth versus William Cosby -- and I go back to
41, 14 that because the evidence in this case will show that
15 Andrea Constand didn't come to us. Okay. What
16 happened was, after this gets released, we go to her
17 and ask whether she's willing to cooperate with the
18 Commonwealth, which brings us here today.
19 So the civil suit in this case around
20 these facts is over. Settlement was paid, but -- and I
21 want to go to the next portion. So this is done. It
22 does not constitute an admission of wrongdoing with
23 respect to it, fault with respect to claims that were
24 made or could have been made with Constand in the
25 litigation or with respect to any matter of this. To 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 234
2 the contrary, you know, they're saying they're settling
3 solely in order to settle claims whose merits they
4 strenuously deny to avoid expense, annoyance, further
litigation, avoid publicity. $3,380,000.
6 So I talk to you about the dates that
7 we're dealing with. And, again, I'm going to the
8 defendant's deposition. And, again, these are just
9 portions of the deposition. Realize you're going to
10 see bigger areas of this. Again, I'm just highlighting
11 some of the points that I want you to be thinking about
12 as you hear.
13 So the defendant is asked during that
14 deposition: Do you believe it occurred in the year of
15 2004? The year of 2004, meaning January of 2004 on.
16 And he replies yes. Okay. So then I go back to the
17 whole Statute of Limitations aspect and things like
18 that. And the charges in this case were brought
19 December 30th of 2015.
20 So that's maybe a little snippet into
21 why we're here today and why we keep talking about a
22 case from 2004 that brings us here today within the
23 Statute of Limitations for this.
24 All right. Next. 0 25 All right. So a term which you're going 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 235
2 to hear about and I wanted to put this up here, common
3 plan, scheme, or design or absence of mistake. Now,
4 the judge is going to instruct you on the law. And
5 he's going to do that pretty extensively on a number of
6 different points on this. In this case --
7 Do you need water? Could he have a
8 glass of water?
9 All right. So you are in this case
10 going to get to hear from others. And that evidence
11 that gets presented falls under this category and is
12 entered simply for a purpose of showing common plan,
13 scheme, design, or an absence of mistake, meaning that
14 when the defendant did what he did, there was not a
15 mistaken belief because this happened before. Okay?
16 Common plan, scheme, design leading to the time period
17 that we're dealing with.
18 All right. I'll give you a quick
19 example of that. You know, in a case and in this case,
20 you know, there will be evidence of a mentoring
21 relationship that he concedes that he had with Andrea
22 Constand, a mentoring relationship. And in that
23 mentoring relationship, that's where the trust was
24 built. That's where these things were done.
25 So this mentoring relationship -- and 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 236
2 look at it as it relates to others, things like talking
3 to somebody's parents. You will hear from a lady who
4 will tell you about many years ago and how she -- she's
5 now a music teacher, but she at the time was aspiring
6 in musical theater. She had some modeling photos that
7 are done for her. She'll talk about how a call came
8 from the defendant looking to mentor a young, aspiring
9 actress, how she goes to Reno, how she's encouraged to
10 sip on something, a glass of wine, and then the limited
11 memories that she has after that.
12 Ladies and gentlemen, when we're talking
13 about common plan, scheme, and design, we're looking at
14 those types of things -- and that's a lot of the
15 questions that we'll ask, you know, what occurred, how
16 did this happen? And we'll elicit that testimony in
17 the case from individuals. Well, how did this --
18 talking. Who did you talk to or who did he talk to,
19 talked to your parents, talked to you. What were the
20 arrangements that were made?
21 So if anybody that takes the stand along
22 those lines, you know -- and this is again a preview,
23 that we're looking at this evidence and trying to
24 present this evidence so that you have an understanding
110 25 of this common plan, scheme, and design of the 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 237
2 defendant, and that when this happened with Andrea
3 Constand, there was no mistake that this was
4 consensual. Because when somebody is drugged, they do
5 not have the ability when they are drugged. They do
6 not have the ability to consent. It takes that away.
7 It takes it away.
8 All right. Go to the next one.
9 Now, I told you I'd talk about the law a
10 little bit. I'm going to go through this and try to
11 hit a couple things. I do this. The judge is going to
12 instruct you on the law. I'm going to give you the
13 elements that you're looking at in the case and we'll 410 14 throw in a couple things that you'll hear from the
15 defendant. But, you know, there's three different
16 charges on the defendant, all falling under the
17 category of aggravated indecent assault. So one of
18 them is is somebody administering an intoxicant. So,
19 first, that the defendant penetrated, however slightly,
20 the genitals of Andrea Constand with the defendant's
21 finger or other body part.
22 All right. Go to the next one.
23 Okay. That it is something that we
24 submit to you is not going to be at issue, or maybe it
25 will be, but these are the defendant's words, you know: 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 238
2 At the time you touched her, her bare breasts? Yeah. !II 3 And her private parts, her genitalia.
4 Go to the next one.
5 What did you tell Andrea and her mother
6 occurred that night?
7 If anything, there was petting and
8 touching.
9 Being breasts and vagina?
10 Yes.
11 Go to the next one.
12 And, again, going to the deposition,
13 this was done where he apologized and said to the 411 14 mother, It was digital penetration.
15 Next.
16 So that's the first one. The second
17 element that you're looking at under these charges is,
18 you know, did he do so for some good faith, medical,
19 hygienic, or law enforcement procedure or is he doing
20 this for his own sexual gratification? And that's
21 where you're looking at on that one.
22 All right. Go to the next one.
23 So he talks about petting, never
24 intended to have sexual intercourse and liking naked
25 bodies with Andrea. And the defendant in his statement 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 239
2 says he enjoyed it. Okay. So that's what we're
3 looking at and these are the pieces Of evidence we look
4 at for that.
5 And then, third, at the time of the
6 penetration, the defendant had substantially impaired
7 her or impaired her power to refrain or control her
8 conduct by administering or employing, without her
9 knowledge, drugs or other intoxicants for the purpose
10 of preventing resistance. Okay. So that's where, you
11 know, the testimony from him and the statements will be
12 considered.
13 Go to the next one.
14 All right. You're going to hear a lot
15 of testimony on this. And what you will not hear is
16 anything about a scientific test that was done
17 immediately afterwards, you know, on her blood to be
18 able to determine that it was in there. What we'll say
19 up front, the only person who knows that is the
20 defendant of what he gave her.
21 But they tried to find out. Okay.
22 You'll hear testimony about that, and you'll hear about
23 the mom and the steps that were made to try to find
24 out.
25 These blue pills, did you tell Andrea 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 240
2 what they were? No. Since that time have you told
3 her? No.
4 Next.
5 Deposition: Did you tell her they were
6 Benadryl -- because he says that later on and we'll get
7 to that. No.
8 Go to the next one.
9 You're going to hear in this case along
10 these lines and as you're evaluating it from a forensic
11 toxicologist. Okay. And when we talk about experts,
12 we're talking about, you know, somebody who has
13 expertise in an area that we all may not be familiar
14 with. And he's going to talk about the reactions of
15 different things, central nervous system depressants
16 and things like that, that will talk about the effect
17 of things or describing, you know, somebody's symptoms
18 and what that could be a part of.
19 All right. And that's the aspect and
20 that's why it's so important to listen to the testimony
21 in terms of how this -- how she reacted to what was
22 given to her, my three friends, as the defendant said.
23 And that will be from a Dr. Rohrig.
24 Go to the next.
25 All right. So then you go to the final 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 241
2 part, you must find the defendant knew or recklessly
3 disregarded Andrea Constand's substantial impairment.
4 The defendant recklessly disregards another person's
5 substantial impairment if he or she consciously
6 disregards a substantial and unjustifiable risk that
7 the other person is substantially impaired.
8 So, again, that's a preview for you.
9 And the judge is going to talk about this and go
10 through it all, but that's a preview for you in terms
11 of listening to the evidence to decide whether the
12 evidence supports these elements of the crime.
13 Go to the next. How many pills did you
14 give Andrea? Defendant said, One whole and then I
15 broke one in half. What were you talking about at the
16 time? We were talking about sleep and her stress. So
17 the reason for giving the Benadryl was relaxing her?
18 Yes. I feel comfortable doing that. That will be
19 testimony that you will hear from the statement that
20 the defendant gave.
21 Go to the next.
22 All right. So when you're considering
23 the evidence in the case and the effect of certain
24 things -- and we're not conceding that this is
25 Benadryl, but that's what the defendant said to police 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 242
a little bit later. And he talks about how the effect
3 is on him:
4 "How many Benadryl tablets do you take?
5 "Two.
6 "Right away you go to sleep?
7 "Yes, I'm drowsy. I would not take this
8 and go out and perform.
9 "QUESTION: You gave Andrea one and a
10 half?
11 "Yes."
12 All right. Go to the next.
13 Again, "What are the three pills?" He
14 says Benadryl.
15 "What effect does two have on you?
16 "I can lie down and put myself in a
17 state of mind. It will help relieve tension or any
18 particular feeling that I may have. Three hours ahead
19 is when I usually go to sleep so I can relax.
20 "Does it help you go to sleep?
21 "Yes."
22 Go to the next.
23 All right. So the defendant -- and I
24 said you're going to hear from Andrea Constand. That
411 25 comes from the witness stand. But the defendant gives COMMONWEALTH vs. WILLIAM H. COSBY, JR. 243
2 this deposition testimony and he gives his description
3 of what happened.
4 "She sat with her back to the kitchen
wall which is the door, the door wall, the entry wall
6 of the door. Our conversation at that time was about
7 concentration. It was about -- I don't remember that
8 clearly now, what it was fully about, but we talked.
9 "And there was talk of tension?
10 "Yes, and about relaxation and Andrea
11 trying to learn to relax the shoulders, the head, et
12 cetera. And I went upstairs and I went into my pack
13 and I broke one, a whole one, and brought down a half
14 and told her to take it. Your friends, I have three
15 friends for you to make you relax."
16 Okay. So, again, when we talk about the
17 he said -she said and those kind of things, well, the
18 blue pills, you know, Andrea is going to talk about,
19 the defendant talks about, three friends that he brings
20 for her. Friends.
21 Next.
22 All right. So in this, you're going to
23 see different elements of the crime. I've gone through
24 each of them. And now I'll do a little more rapidly on
411 25 the other ones because there's different aspects of 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 244
2 this, but that was administering the intoxicant; that
3 he provided this, that he didn't tell her what they
4 were. Okay. He didn't tell her what they were. And
5 even at a later time, he's not telling her what they
6 are.
7 Okay. So the next one, unconscious,
8 aggravated indecent assault, unconscious.
9 Go. All right. Same thing.
10 Penetrated, however slightly, genitals. Gone through
11 that.
12 Next. The defendant did not do so for a
13 good faith, medical, hygienic, or law enforcement
411 14 procedure.
15 Next. All right. Unconscious. And in
16 this context, unconscious goes to rendering somebody
17 incapable of consent. And, ladies and gentlemen, as we
18 described, this is going to be a situation where she's
19 in and out, but that's the important part of this is
20 that it can be intermittent unconsciousness. And
21 listen for that testimony in the case.
22 Go to the next.
23 All right. So you talk about the
24 effects of the pills on the victim. And, you know, the
411 25 testimony will be presented that way, so you'll hear 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 245
2 that from Andrea Constand. You'll again hear from a
3 forensic toxicologist who describes it.
4 We talked about this before, how many
5 Benadryl tablets he takes. Right away he goes to
6 sleep, he's drowsy, not performing.
7 Next. The defendant's deposition.
8 "What made you decide to give her one
9 and a half pills?
10 "Because Andrea is about the same size
11 as I am, not in weight, former athlete. I take two.
12 "What effect does it have on you?
13 "I lie down, state of mind.
14 "Does it help you go to sleep?
15 "Yes."
16 Next.
17 All right. Again, we go through all the
18 elements. And then, fourth, that he knew or recklessly
19 disregarded the unconsciousness and disregarded another
20 person's unconsciousness, substantial and unjustifiable
21 risk. There's the elements of that. Very similar
22 except focused on unconscious.
23 Go to the next. All right. And then
24 the last one, lack of consent. Aggravated indecent
411 25 assault, lack of consent. Again, very similar COMMONWEALTH vs. WILLIAM H. COSBY, JR. 246
2 elements.
3 Go ahead. Okay. Same one first,
4 penetration, however slight.
5 Next. Didn't do so for a good faith,
6 medical, hygienic, law enforcement.
7 Next. That Andrea Constand did not
8 consent to the penetration, that she did not consent to
9 this. In that testimony, listen for the state that she
10 was in. Listen for the fact that she will tell you
11 that she did not say yes. And we all know it, that
12 that's what he did.
13 Next. Now, after the sexual assault,
14 after this occurs -- and, again, preview of the
15 evidence. When you're listening to the testimony in
16 this, we want you to listen to some of the things that
17 he does afterwards and some of the things that happen
18 afterwards.
19 Now, in this and the reasons why -- and
20 the judge, again, is going to give you the law on this
21 and do this, but there's something called consciousness
22 of guilt. And that's things that tend to show that
23 someone knows that they're guilty of a crime, knows
24 that they've done something wrong in a situation, and
411 25 so does things that go to that aspect. So that's what 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 247
2 we're talking about when we're talking about evidence
3 that you're going to hear in a case post when this
4 occurs.
5 So go to the next. And one I want you
6 to listen for, you know, in what is read from the
7 statement and then the depositions and what Andrea
8 testifies and the circumstances that I went through is
9 when you're looking at this and thinking about what
10 occurs, leaving somebody, you know, disheveled on a
11 sofa that supposedly you're just helping to relax or
12 sleep, you'll hear that there's a number of bedrooms in
13 this house. You'll also hear as we go through things
14 that, you know, and when you're looking at these common
15 plan, scheme or design, a place of control, something
16 that the defendant controlled, a house, a situation, a
17 place that's under the defendant's control and going up
18 to bed, leaving her on the sofa in this disheveled
19 state.
20 Go to the next. So we talk about
21 consciousness of guilt.
22 Go ahead.
23 And I'm going to go through this
24 quickly. We are going to get to hear the testimony in
410 25 the case, but we're switching up to 2005 here. All 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 248
2 right. In 2005, Andrea Constand tells her mother. And
3 you're going to hear from a lady named Gianna Constand.
4 And Gianna Constand is going to tell you about the
5 reaction that she had when she heard this.
6 And, you know, I know a number of you
7 have families. And when you listen to her testimony,
8 her daughter tells her about what happened and
9 different reactions that she had.
10 So one of these reactions you'll hear
11 about is that -- and know that he also met the mother
12 before and had her and her sister, Andrea's sister, go
13 to a show, and so had some relationship with them. And
14 then -- then the mom calls. And you will hear about a
15 call that went on between the defendant, Gianna
16 Constand, and Andrea Constand after this that's two
17 hours long, a phone call that's two hours long trying
18 to get answers; right? So, again, drugging situation.
19 So look at the testimony and the evidence as it relates
20 to this and what was done.
21 Next. Then there's a second call that
22 same time that was another 22 minutes. So two hours
23 and 22 minutes.
24 Next. Now, you'll have some other calls
411 25 that are made there. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 249
2 Go to the next one. All right. When we
3 talk about these calls and some of the questions that
4 he got asked about on these calls later, when he's
5 asked about why didn't you just say it was Benadryl,
6 you know, what are they going to say if I tell them
7 about it? And he says, And also, to be perfectly
8 frank, I'm thinking and praying that nobody is
9 recording me. Why? So thinking about that. And guess
10 what?
11 Go to the next.
12 Gianna Constand had gone to the Radio
13 Shack. She bought -- and you'll see this receipt as 410 14 it's presented into evidence. She bought a recorder
15 and she does record. All right? And you're going to
16 get to hear what was said. Now, it's not the time for
17 me to play it now. We're going to go through that with
18 Gianna Constand when she takes the witness stand and
19 talks about it. But I want to talk about a couple of
20 the things that come from that so you're looking at it
21 as we move forward.
22 Go to the next.
23 So what gets presented in the case then
24 will be the call and will be a transcript of the call
410 25 so that you're going to follow along with that as it 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 250
2 goes on. But they have a conversation. And we're
3 going to move through this rapidly, but the
4 conversation that they have goes to these aspects of
5 what he does afterwards, such as, Hey, I want to see
6 what we can do. Is Andrea still interested in sports -
7 casting? And then we'll get to -- and he wants to pay
8 for her school if she goes to graduate school and do
9 things along those lines.
10 So he's -- they've talked about this,
11 they've confronted him with it, and he's goings to help
12 her with sports -casting, he's going to help her with
13 the graduate school because she has gone to -- she left
14 Temple as Director of Operations. You'll hear her
15 father is a massage therapist and she was going to
16 school for massage therapy. So here you have this.
17 And, Jonathan, we're just going to go
18 through this real quickly.
19 So you have this conversation. You're
20 going to hear all about this. But I stopped here only
21 because we go back to this was I being recorded type of
22 thing. And you're going to hear about a parrot or a
23 sound of a parrot.
24 Go to the next.
411 25 Again, continuing to talk about setting COMMONWEALTH vs. WILLIAM H. COSBY, JR. 251
2 something up, going to school, feels she can go to 411 3 school because she's got to go to school, yeah, those
4 kinds of things.
5 Next. Willing to meet you guys. All
6 right. So they're talking about meeting, graduate
7 school --
8 Keep going, Jon. Keep going. Keep
9 going. Keep going. I'm sorry. Okay. I think I
10 jumped over it. Could you go back? I'm sorry. Go
11 back another one. Okay. Back one more.
12 All right. So at this point in the
13 conversation they've talked about the asking what 411 14 happened. What did you give her? What did you give
15 her? And she said, "Listen, I want to ask you a quick
16 question because I'm a little worried about something.
17 I'm not going to go into anything with you. No. Kind
18 of a business meeting. But are you going to send me on
19 that piece of paper the name of the stuff or what?"
20 Because there's talk of, you know, not
21 Benadryl, but pills, prescription pills, and what is it
22 that he gave her daughter? And so she's asking about
23 these things. "Are you going to send me that piece of
24 paper because you said you'll send it on a piece of
41, 25 paper. Are you doing that or are you joking?" 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 252
2 Okay. Go. "We can talk about what you
3 asked for later.
4 "Okay. I'm just concerned. I don't
5 know how it affected her and I want to know.
6 "Don't worry about it."
7 Go to the next one.
8 So then you're going to hear deposition
9 testimony about this. "What was the thing that you
10 didn't want to talk about?
11 "I didn't want to talk about what did
12 you give her.
13 "Why?
14 "Because we're over the telephone and
15 I'm not sending anything over the mail. I'm not giving
16 away anything.
17 "Did you believe you were being
18 tape-recorded in this conversation?
19 "I believe it's a possibility. I think
20 she said something like, wait a minute, I have to get
21 away from some people or something like that.
22 "Why didn't you want to tell her at that
23 point?
24 "The parrot.
411 25 "Because you believed you were being 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 253
2 taped; is that what you're saying?
3 "Yes."
4 So, again, listen for that testimony in
5 the case and evaluate that as it relates to the other
6 evidence in terms of what the defendant did.
7 Next. So then we get to what he does
8 and we started through this and those actions. So he's
9 setting this up in terms of, all right, I'm going to
10 pay for schooling, I'm going to pay for -- I'm going to
11 pay for, you know -- or I'm going to help with the
12 sports -casting and different things along those lines.
13 And so the team comes together.
14 And you're going to hear calls from
15 individuals that work for the defendant, agents of him,
16 one of those people from his agency.
17 "William Morris Agency?
18 "Yes. First name is Peter. I don't
19 remember how to say his last name. It's with a W.
20 "How come you called?"
21 He said he called Andrea, called home,
22 asked them to see if Andrea's mother could give an
23 answer on whether or not they were willing to meet me
24 in Miami. Because he wants to get face-to-face with
411 25 them at this point, wants them to come from Toronto 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 254
2 down to Miami. They don't go. They don't go. But his
3 people and he are trying to set this up to get them
4 together, to get them down there.
5 So you're going to hear about the
6 voicemail that he leaves, and it's Peter Wiederlight.
7 And then you're going to hear about the conversation
8 with him and Andrea where he's calling and asking her
9 to go and how that comes.
10 Next. Just skip through it, Jon. Keep
11 going.
12 All right. And then he says that he is
13 going to -- that she'll get back to him after he talks
41, 14 to her mother. Now, he contacts his lawyer, Marty
15 Singer.
16 "The reason why I called Mr. Singer is
17 because I was getting a feeling. I could hear from the
18 uncertainty. I don't trust the mother. I don't trust
19 a woman who says that she does not know how long it
20 will take for her to heal. I called the attorney
21 because I wanted to send her a letter to see about
22 graduate school after the phone conversation where I
23 invited them to Florida." He's taking himself out
24 because people are coming and doing these things.
410 25 Go to the next. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 255
2 So Marty Singer, works with Bill Cosby,
3 handled his trust and educational funds for him.
4 You'll hear about that testimony. Trust and
5 educational funds.
6 "I'd appreciate, Mrs. Constand, if you
7 can give Marty Singer a call, Los Angeles. My client's
8 discussions with providing an educational trust or fund
9 for Andrea."
10 Go to the next.
11 Now, listen to the testimony in the
12 context that it comes in.
13 "Had you ever used a business vehicle of
14 an educational trust which is not the one that you
15 talked about before with the board as a means of giving
16 money to any other woman with whom you've had a
17 relationship?
18 "No.
19 "What is the criteria for this
20 educational trust?
21 "I've never done it before. I don't
22 understand what the criteria would be."
23 Go to the next.
24 "So where's this money going to come
411 25 from? The one that you were talking about for Andrea, 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 256
2 where would that money come from?
3 "That would come -- that would not come
4 that way.
5 "How would it come?
6 "It would come through writing a check.
7 "And "our" being who?
8 "The family.
9 "Would your wife know about that?
10 "That's family. My wife would not know
11 it was because Andrea and I had sex and that Andrea was
12 now very upset and that she decided that she would like
13 to go to school or whatever it is. We can get back on
14 track."
15 Go to the next one.
16 "Were you going to pay for the therapy?
17 "In all seriousness, I would have to
18 talk to the mother and Andrea and find out exactly what
19 they were thinking about on behalf of whatever it is
20 her mother is saying about that."
21 Go to the next. So the other thing I
22 want you to think about and listen for in the testimony
23 is what happened.
24 Now, you've heard all about a statement
411 25 that the defendant gave. Okay? That's a statement he COMMONWEALTH vs. WILLIAM H. COSBY, JR. 257
2 gives up in New York. You will hear from at least one
3 of the individuals that took the statement, maybe more
4 than one. They go up there. He's got his lawyer or
5 lawyers with him for that statement. It's taken down
6 and it's done in a fashion where it's, you know,
7 written or typed, you know, answers. And then they go
8 through it and then he gets a time to review it, you
9 know, make any changes to it, signing off on the
10 statement.
11 During that, during that time, there's
12 all this talk about Benadryl, right, this stuff he has
13 given, the three pills that he's given. And he
14 volunteers, Oh, I'll get them from my bag outside,
15 because he carries them with him. So here's what he
16 gives.
17 Go. He's aware of the allegations being
18 made against him when he comes to this New York
19 meeting.
20 "Have you ever known Andrea at any time
21 to be untruthful?
22 "No."
23 Okay. We're talking about credibility.
24 Go.
410 25 "How many pills did you give Andrea? 258 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 "One whole one and then I broke one in
3 half.
4 "Do you buy them routinely over the
5 counter?
6 "Yes.
7 "Do you keep them in your home in
8 Cheltenham?
9 "No. I take them with me."
10 Go to the next.
11 "How many Benadryl tablets?
12 "Go to sleep."
13 We've gone through that.
14 "Take two full tablets?
15 "Yes."
16 "Tell Andrea what they were?
17 "No.
18 "Since that time, have you told her?
19 "No."
20 Next.
21 "You didn't tell Andrea or her mother
22 during the first conversation you'd given her Benadryl?
23 "No.
24 "Told her you'd put them on a piece of
411 25 paper? 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 259
2 "Yes. As a matter of fact, I think I
3 said I'll send it to you.
4 "Did you tell her that you'd write it on
5 a piece of paper and send it to her?
6 "I think I promised to mail it.
7 "Mail her what?
8 "The medication.
9 "The Benadryl?
10 "Yes.
11 "Did you still have the same packet?
12 "Yes."
13 So this is the evidence you'll see and
14 I'll bring it in.
15 Go to the next. This is what he gives
16 the police. This is what he brings. Okay? You'll
17 hear it gets analyzed and it's Benadryl, along those
18 lines. When you're listening to the testimony in this
19 case and you're hearing about the three blue pills that
20 he gave her, three blue pills -- and this is what --
21 the police are there and he knows what the interview is
22 about. He knows about the allegations. And this is
23 what he gives to the police. Consider that when the
24 testimony is being presented.
25 So, ladies and gentlemen, we've gone 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 260
2 through the he -said aspects of is. You're going to
3 hear the statement of the defendant. You're going to
4 hear testimony from these depositions. You're also
going to get to hear from people, a person that's an
6 expert in these type of things, somebody who deals with
7 victims.
8 And as you listen to the testimony in
9 this case, I'd ask you to keep a mind open to things.
10 And keep a mind open to things in terms of reactions to
11 different things. All right? Reactions to something
12 that happens and what you do under that circumstance,
13 the things that you look at and say, Hey, does this
14 make sense to me?
15 But listen to others and listen to the
16 expert in this field. And that's going to be presented
17 to you to educate all of us, you know, in terms of
18 things. Because when you look at factors such as
19 somebody having the ability to create this trusting
20 relationship with somebody, an ability that because
21 you've developed that trusting relationship that you're
22 able to have that person trust you, to be alone with
23 you, to look at a situation where the place or the
24 setting is controlled -- controlled, meaning the
411 25 defendant controls the setting -- look for who's got 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 261
2 the means to do this and look for the situation that
3 Andrea Constand was put into because of all of those
4 factors.
5 And, ladies and gentlemen, when you
6 listen to this testimony that's going to come from this
7 witness stand, from the exhibits that are going to be
8 presented to you, from the questions that are asked
9 throughout this proceeding and you consider that with
10 the elements of the crime that we've gone through, we
11 are very confident that you will be able to make the
12 right decision in this case.
13 We are very confident that you all will
14 be able to do justice in this case. And we're very
15 confident that you will convict the defendant of three
16 counts of aggravated indecent assault for what he did
17 to Andrea Constand on that night in January of 2004
18 when he fed her pills, when he pushed the line, when
19 she was incapable of consenting to anything, and he did
20 what he wanted to do to someone who he had tried to do
21 things to in the past. And when she comes in here and
22 you see it, you'll understand.
23 Thank you.
24 THE COURT: All right. Let's take a --
ID 25 that break and let you use the restrooms and the like 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 262
2 and then try to get back in as quick as we can.
3 Again, we can move forward with the
4 arguments only unless you indicate to me that you
5 can't, but we have some time. You're just going back
6 to the hotel. We can go a little bit longer than we
7 normally would.
8 So at this stage we're going to take a
9 break. I think the best is to go back to our starting
10 points which is your conference room. And then those
11 who need to use the restrooms, they will take you out
12 from there to use the restrooms. And that way we can
13 use the ones that are in the back there.
411 14 So, again, I'm going to harken the
15 cautionary instructions as if -- I just gave them to
16 you in any opening instructions. They are fresh. And
17 this would be a perfect applicability of the concept of
18 talking amongst each other. It is strictly prohibited.
19 You can't do it and it would be violative of your oath.
20 In all other regards, this is not going
21 to be a time to be back in terms of having contact with
22 any loved one or anything. This isn't the time for it.
23 It's just time to get a little refreshment and be ready
24 to come back and listen to the opening statement of the
41, 25 defense. 263 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 With that said then, everybody remain
3 seated while the jury exits. And then we'll come and
4 get you and bring you down.
5 (At 4:41 p.m., the jury was excused for
6 a recess.)
7 - - -
8 (At 4:58 p.m., the following proceedings
9 were commenced in open court with the
10 Court, Mr. Steele, Mr. Ryan,
11 Ms. Gibbons-Feden, Mr. Vines,
12 Mr. Mesereau, Ms. Bliss, Ms. James, Mr.
13 Hicks, Ms. Robinson, Ms. Gupta, and the
14 defendant being present:)
15 THE COURT: All right. There was a
16 request of, I believe, just Mr. Mesereau not to open
17 until tomorrow. It is 5:00. At this stage, I'm
18 probably not going to have him deliver his opening
19 address.
20 How long do you believe it would be?
21 MR. MESEREAU: I don't think it will be
22 much more than an hour, Your Honor, but I usually
23 underestimate, so maybe an hour and 15.
24 THE COURT: This will give the
25 opportunity for the Court to address what occurred in 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 264
2 the last minute of Mister -- we came out and swore the
3 jury after we had gone back there. This was raised,
4 and the Court did not have a chance to look at it. At
5 least it would give us an opportunity to look at it
6 before your opening which I could issue a ruling which
7 would affect your opening and in regard we talked
8 about.
9 But I'm going to bring the jury in
10 because at this stage, an hour -- to get them back to
11 the hotel somewhere about 6:30 or quarter of 7:00 on
12 the first day of work -- I don't know of any dietary
13 restrictions anybody has, but I don't imagine them
14 eating --
15 And, Ms. Vicario, would that be -- with
16 the amount of time it takes to get them back and forth,
17 and getting ready, am I about correct that they
18 wouldn't be eating at least, even if it was a minimum
19 of an hour, until 7:00?
20 MS. VICARIO: Dinner is scheduled for
21 6:30, Your Honor, but --
22 THE COURT: What time?
23 MS. VICARIO: 6:30.
24 THE COURT: Then I need to keep to that
25 schedule. And, again, if we keep scheduled dinner for 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 265
2 them at 6:30, then that's what we should do. So the
3 Court's decision is we are going to have him deliver
4 his opening tomorrow morning. And then we'll stay and
5 I'll deal with that if I deal with it in -camera or not
6 because the last time this was raised, it was dealt
7 with in -camera. And I just want to make sure -- we
8 probably won't. I'll hear your arguments. But that
9 will give us a chance to deal with it.
10 MR. MESEREAU: Thank you.
11 THE COURT: So with that said, what I'm
12 expecting is I'll bring the jury in. I'll give them
13 cautionary instructions, explain why I'm excusing them
14 for the day. And then we will continue on just with
15 counsel and any motions.
16 All right. Bring them in.
17 (At 5:02 p.m., the jury entered the
18 courtroom.)
19 THE COURT: All right. Ladies and
20 gentlemen, I have made a judicial decision that we are
21 going to end for the day because I have inquired of
22 counsel how long their opening statement would be,
23 together with transportation, and apparently dinner
24 already scheduled for 6:30.
25 And not knowing you all well enough and 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 266
2 your dietary concerns, I think it would be unfair. It
3 doesn't affect the trial one bit. It just means that
4 we're ending probably right about the time we should
5 expect to end every day. That will always give you
6 time to get back and make sure that you can have your
7 dinner. So we will, in fact, be working -- we'll be
8 working a little bit after to give us a chance to do
9 what we need to do.
10 I see you've returned with some jackets.
11 Now, wear or get, retrieve whatever you need. I'm
12 probably a little bit higher up than everyone else, so
13 the air is a little warmer up here maybe. I don't
14 know. I don't set the temperature, so don't hold that
15 against me. Counsel doesn't set the temperature,
16 either. I will ask our Court Administration.
17 I see most of the people are wearing
18 jackets. So we'll find out what's going on. I think
19 it's because of the massive number of people that
20 they're driving the air cooler. So if you have
21 something to wear that will keep you warm or we will go
22 out and get 18 blankets, if necessary, but we will
23 better accommodate that tomorrow. So think warm. It's
24 not supposed to be like this on April 9th, but it is.
410 25 So, now, I'm going to give you the 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 267
cautionary instructions again. And I'm going to try to
3 get into a routine where you'll hear me use the phrase
4 you are deemed to have been given the cautionary
5 instructions. But at the break of the end of the first
6 day, I'm going to give them to you the way they're
7 supposed to be given so that I don't hear from the
8 Supreme Court that I'm not giving them the way that
9 they have asked me to give them.
10 So it is a rule. And, again, since
11 you're allowed to only consider the evidence, argument,
12 legal instructions that were presented during the
13 course of the trial, you must avoid anything that might
14 result or appear to result in you being exposed to
15 outside information and influence. Allowing outside
16 information to affect your judgment is unfair and
17 prejudicial to the parties and could lead to this case
18 having to be retried. Therefore, you must not
19 communicate with anyone else about this case or listen
20 to others talk about the case until the trial is
21 completely over and I discharge you.
22 By communication, I mean more than just
23 talking face-to-face with other people about the case.
24 You're not to communicate with anyone about the case by
25 cell phone, text message, e-mail, or by posting 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 268
information about the case or what you are doing as a
3 juror on any website or in any conversation, any
4 websites like Facebook, Twitter, Google, or any other
5 social media types of websites.
6 You cannot discuss this case with
members of your family, so, again, members of family,
8 close friends. So, again, I'm envisioning giving you
9 the opportunity to contact them, but then the minute
10 that contact takes place, then does your obligation to
11 the oath.
12 So it would be the same if you went home
13 to your home and someone, a loved one, who has a lot 411 14 more power over you than I do, sought to then begin to
15 engage you and say, Hey, look, that's asking a lot of
16 me to not be allowed to talk to you about the case.
17 am your loved one and therefore I'm -- you need to
18 express immediately to them, I appreciate your support
19 if they try to do this.
20 But it sounds like from my information I
21 got from all 18 of you today that they are already
22 respecting you because you gave the notice over the
23 last five days that this is really important and it is
24 your obligation.
25 So I don't expect it to be a problem, 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 269
2 but we will allow that contact. And, again, if that
3 contact does involve with children, if you have the
4 capability for FaceTime or Skype, you need to make sure
5 that you precede that phone call -- I mean, that Skype
6 with a phone call, right, saying, Okay, we can Skype or
we can FaceTime, but turn off the TV. The TV can't be
8 running in the back. There can't be any radio in the
9 back.
10 So tell them to have a room if you use
11 that type of contact. If not, you're allowed to make
12 certainly a contact by phone call. Let's start with
13 that before we start with the texting back and forth.
14 You know, let's try a phone call. Any texting -- maybe
15 you can text beforehand and say, Look, I'm allowed to
16 call you, but don't have the TV on and please don't
17 speak to me about the case. The judge is kind of
18 adamant about it. But that's what I envision. And
19 again, that's what I tell whether you go home or not.
20 And, hopefully, they will understand.
21 Again, you're not allowed to talk with
22 any of the court personnel because you can't have any
23 conversations, even casual conversations, with anybody
24 that's involved in the case. And I think because of
25 sequestration, we'll be able to keep you separated from 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 270
2 any of those people.
3 But, again, you're not allowed to watch,
4 read or hear anything on the TV, radio, newspapers,
internet, or anything. Don't try to get information
6 relevant to the case on your own. Do not make any
7 investigation, any research, go to the scene, conduct
8 any experiments or anything. Don't conduct any
9 internet search about the facts of the case, the
10 participants, or the law.
11 You're specifically prohibited from
12 using a computer, cell phone, or other electronic
13 device with communication capabilities at any time
14 during your attendance at trial or during
15 deliberations.
16 And I'm going to carry this over to in
17 your sequestration. I think it's fair. And that will
18 be try to gain any information about a party, witness,
19 attorney, or any court official, any news reports about
20 the case, any information collected through what you
21 would think is your own research about the facts of the
22 case.
23 You can't go and do any research about
24 any topic raised in the case or any testimony offered
25 by a witness. You can't collect -- try to collect any 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 271
2 information on any topic that you think another juror
3 might think would be helpful in deciding the case. You
4 must understand that any prospective or selected
5 juror -- excuse me, any selected juror who is now
6 seated and under oath who uses an electronic device for
7 one of the reasons I've indicated or who records a
8 broadcast of any events occurring during this judicial
9 proceeding or otherwise violates any specific
10 instruction I have given to you regarding the use of
11 electronic devices during these court proceedings may
12 be found in contempt of court because these will
suffice as the notice to the jurors and be subject to a
fine, imprisonment, or both. That juror may also be
15 subject to whatever other sanctions the Court deems
16 appropriate, including the confiscation of the
17 electronic device or preclusion from use at various
18 times during the trial.
19 Please report to me immediately any
20 violation of these rules by anyone who's either a
21 fellow selected juror or anything that might come out
22 from the outside. And, again, the opportunity will
23 exist tomorrow morning when I say, How are you? And
24 that's what it means if you feel there's been anything.
25 With that said, the jurors having been 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 272
2 given the cautionary instructions, good luck on your
3 second night of sequestration. I hope you get plenty
4 of rest, and we will see you bright and early tomorrow.
5 Thank you very much.
6 (At 5:10 p.m., the jury was excused.)
7 THE COURT: We're going to continue on
8 with counsel briefly.
9 With that said, I want Mr. Mesereau and
10 Mr. Steele because -- or Ms. Feden since she's
11 already -- if you want to bring Ms. Bliss. I don't
12 need the whole time team. There's a simple way I'd
13 like to handle this issue. I just have one suggestion.
14 If you take it, good, but I don't want to put it on the
15 record. Bring in the top three.
16 Go ahead. Bring all six.
17 (A conference was held in chambers, not
18 reported.)
19 (The following proceedings were held in
20 chambers:)
21 THE COURT: This is an in -camera hearing
22 simply regarding what is still an outstanding motion.
23 Ms. Feden, I'm going to ask that you
24 listen.
25 MS. FEDEN: I'm listening, Your Honor. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 273
2 THE COURT: This was a motion that I
3 believe was filed by you.
4 MS. FEDEN: Yes. Our whole office --
5 THE COURT: It was a general
6 prophylactic motion on anything that might fall into
7 Rape Shield.
8 MS. FEDEN: Yes.
9 THE COURT: So they had it filed. There
10 was no reason to look at it yet until you did hear
11 names on a witness list and apparently Mr. Mesereau
12 said something to you as we were walking back here
13 before an opening; right?
411 14 MS. FEDEN: And also one other thing is
15 the statute requires written notice, and we did not
16 receive written notice.
17 THE COURT: I understand that. And
18 their position on that -- I'm going to hear Mr.
19 Mesereau say -- is simply it's not Rape Shield. It has
20 nothing to do with prior sexual contact, so it doesn't
21 fall within that.
22 MS. FEDEN: Right.
23 THE COURT: He'll make the offer of
24 proof here and let's hear it. I'm glad we're at least
25 getting the chance. So, Mr. Mesereau, you're on. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 274
2 MR. MESEREAU: Yes, Your Honor. In her
3 deposition testimony, Mrs. Constand equivocates about
4 whether she had a relationship with the male witness or
5 not. At one point she says she did. At another point,
6 she says, I didn't tell truth. I didn't. So there is
7 a contradiction there that I think relates to
8 credibility.
9 My whole approach was can I talk about
10 her words, relationship? And I have no intention of
11 going into her sexuality or her sexual activities with
12 anybody other than Mr. Cosby.
13 But I did not -- and I don't practice in
14 Pennsylvania, and I thought what the ethical and
15 professional thing to do was to raise the issue because
16 I've looked at the statute and I don't see any problem
17 with what I propose to do.
18 THE COURT: All right. So that would
19 be, just to keep it clear, proposed Male Witness Number
20 1, who I know who you're talking about?
21 MR. MESEREAU: Yes.
22 THE COURT: Number 2 is this other
23 person. We know who you're talking about, the other
24 person, now that we're on the record.
25 MR. MESEREAU: Yes. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 275
2 THE COURT: So what's the position on
3 her? No, no, not your position.
4 Your position on her.
5 MR. MESEREAU: My position is I'm not
6 going to talk about either her sexuality or -- which I
7 guess is not covered by Rape Shield, but I'm not going
8 to do it given the ruling you made last time. I don't
9 choose to do that, either. And I'm certainly not going
10 to talk about her sexual activities with anyone other
11 than Mr. Cosby.
12 THE COURT: All right.
13 MR. MESEREAU: But I do think her
14 testimony on her relationship with the male witness was
15 very, very suspect.
16 THE COURT: But --
17 MR. MESEREAU: She even says I didn't
18 tell the truth essentially in one part of her
19 deposition.
20 THE COURT: So that's just
21 cross-examination --
22 MR. MESEREAU: Yes.
23 THE COURT: -- about something that may
24 or may not be relevant, meaning who's -- let's -- at
25 this stage, who's proposed Witness Number 1. Who 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 276
2 cares? How do they play into this case? How are they
3 relevant to this case?
4 MR. MESEREAU: Credibility, what she
5 tells the police.
6 THE COURT: I got you, but -- so
7 credibility is raised by questions in a civil
8 deposition, and now we're going to cross-examine her
9 about the questions in the civil deposition and we
10 don't know how she'll testify here.
11 MR. MESEREAU: I think she's been all
12 over the place.
13 THE COURT: Right. We don't know how
14 she'll testify here. So --
15 MR. RYAN: Well, may I just -- I think
16 to help understand, I believe what you're describing is
17 that in her statement to police, the January 22nd
18 statement to the police, she essentially describes a
19 sexual relationship with this male witness or
20 identifies him as having that sort of sexual
21 relationship.
22 You're suggesting that in the deposition
23 she vacillates or, you now, claims that she was not
24 telling the truth about having a sexual relationship --
411 25 MR. MESEREAU: Having a relationship. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 277
2 MR. RYAN: And you want to --
3 MR. MESEREAU: There's a question where
4 she just limits it to a relationship, not sex.
MR. RYAN: Right. And your questions
6 are going to be, well, in one thing you said you have a
7 sexual relationship with this person, and in the other
8 you say just relationship.
9 MR. MESEREAU: Yeah.
10 MR. RYAN: And you'd like to --
11 MR. MESEREAU: It's one of about a
12 thousand places where she contradicts herself.
13 THE COURT: But the sexual relationship
14 then would be -- you're putting the rabbit squarely in
15 the hat and then bringing it out and calling it a
16 different name. I will have to look at the law. I see
17 now -- I mean, I did not know that. I just thought
18 having any relationship. It is the -- it's the
19 firecracker word "sexual." And, apparently, it gets
20 relevant because in a former statement she said sexual
21 relationship. No?
22 MR. MESEREAU: No. The statement I'm
23 talking about, she only says relationship, not sexual
24 relationship. I'm not going into anything involving
25 sex with him. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 278
2 THE COURT: Right. So when she's on the 411 3 stand and you ask her a question, it won't be, Did you
4 have a sexual relationship --
5 MR. MESEREAU: No.
6 THE COURT: -- with proposed Witness
7 Number 1?
8 MR. MESEREAU: No.
9 THE COURT: Your question would be: Did
10 you ever have a relationship with Witness Number 1?
11 MR. MESEREAU: Yes.
12 THE COURT: And then I'll need to figure
13 out what's the relevance of that. And you'll say the 411 14 relevance is because after I asked her this and she
15 said yes or no -- because you now have a deposition
16 that you got her both ways.
17 MR. MESEREAU: Yes.
18 THE COURT: Right?
19 MR. MESEREAU: Well, she says she didn't
20 tell the truth when she said she had a relationship
21 with him in one spot.
22 THE COURT: So I think that's more
23 straight -up evidence that I'm going to need to look at
24 my Rules of Evidence because this is law school stuff.
25 MR. RYAN: But it goes -- the only 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 279
2 reason it's in the deposition is because in her
statement to the police, she says, I identify as this
4 particular sexual orientation. And they essentially
5 ask her a question about her sexual history of victim
6 of sexual assault.
7 And then she identifies this person,
8 who's a man, as the last man that she was with prior to
9 identifying this way. That's the only reason it gets
10 into the deposition in the first place because then
11 they begin, you know, asking her questions around the
12 nature of this relationship.
13 So it all stems back to the fact that
411 14 there was a question asked by police of a sexual
15 assault victim, you know, about her sexual history and
16 statement to the police.
17 THE COURT: Okay. Well, I mean, maybe
18 you should be prepared to argue this better. I mean, I
19 just need -- I hear what you're saying and I think you
20 are, you know, incredulous about it. And I get it.
21 You're just saying, Well, hey, I'm just asking her
22 about a statement.
23 But if the origin of the statement has
24 to do with sex, meaning, Hey, we're investigating you
25 and we got to know, what's the last man you were with 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 280
2 and she said this person, then it -- "being with" is a
sexual relationship.
4 I understand what you're saying is, Hey,
5 well, too bad, you went ahead and dropped that then
6 into a deposition. That was something that was under
7 oath and I get to ask you about it automatically.
I just don't -- I don't know whether you
do, especially when it comes potentially under Rape
10 Shield, meaning the origin of it was sexual.
11 You agree with that; right?
12 MR. MESEREAU: No, I don't agree with
13 that.
14 THE COURT: You do not agree that with
15 the origin --
16 MR. MESEREAU: I'd have to go back and
17 look at it. No.
18 THE COURT: -- that her statement about
19 proposed Witness Number 1, you do not agree with what
20 Mr. Ryan said, that it started by the police saying,
21 Who's the last man you were with? Does that not
22 connote to you sexual relationship?
23 MR. MESEREAU: Not necessarily, no.
24 THE COURT: Okay. Well, I mean, maybe
25 I'm in a different world. COMMONWEALTH vs. WILLIAM H. COSBY, JR. 281
MR. MESEREAU: But I'm certainly not
going into sex.
THE COURT: I got you. But it does --
5 it's a loaded area. It just is. If the context was,
6 Who's the last relationship you were with in a sexual
7 assault investigation, that strikes me as what Rape
8 Shield talks about.
9 MR. MESEREAU: I can call it friendship.
10 I can just use friendship with Female Witness Number 2,
11 friendship with --
12 THE COURT: So I was in a friendship
13 with --
14 MR. MESEREAU: I can do it. I'm not
15 trying to --
16 THE COURT: You're missing my point.
17 They're still objecting no matter how you do it.
18 That's the problem.
19 MR. MESEREAU: I'm allowed to say who
20 her friends were.
21 MR. RYAN: Well, I think we need to
22 better understand exactly what you're saying.
23 MR. MESEREAU: No, you don't need to. I
24 can say somebody was her friend. I can talk about who
410 25 Andrea Constand's friends were. If there's some -- 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 282
2 THE COURT: But what if they object and
3 say what's the relevance?
4 MR. RYAN: So the question would be:
5 Are you friends with this male person?
6 MR. MESEREAU: Maybe just that. Yeah.
7 Weren't you friends with the male witness?
8 MR. RYAN: Maybe just that.
9 MS. FEDEN: Then what's the relevance?
10 Because your whole purpose of probative value --
11 MR. MESEREAU: Well, I'm not going to
12 tell you what my defense is, but --
13 MS. FEDEN: Your whole purpose of
411 14 probative value is because you want to impeach her;
15 right? The impeachment material stems back to
16 violating Rape Shield.
17 THE COURT: It's probably -- it's best
18 if I ask the questions, Ms. Feden, because when you ask
19 him, he will accept the invitation and he will respond
20 to you, and I won't get anywhere.
21 I understand both sides. I'm going to
22 look at it. And, now, understand -- I understand that
23 you can soften it, right, by saying friendship.
24 MR. MESEREAU: I'll say friendship.
411 25 THE COURT: Right, but then if you're 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 283
2 just saying it's friendship, then you're bringing 410 3 into -- in this case where's the relevance of a
4 friendship? And you're going to say the only relevance
5 is that in a prior statement, which is not in this case
6 yet -- you don't bring all prior statements in here. I
7 mean, they have to have some relevance. She's going to
8 say back and forth on this proposed male witness.
9 Right? She's back and forth leaving out sex, leaving
10 out everything else.
11 MR. MESEREAU: The word relationship is
12 where she contradicts herself because she tells the
13 police I had a relationship with him; and then she
410 14 says, I didn't tell the truth, I didn't have a
15 relationship with him.
16 THE COURT: Right.
17 MR. MESEREAU: So I was going to show
18 that this, in conjunction with so many other flip-flops
19 with the police in her interviews where she contradicts
20 herself, it was just going to be a contradiction.
21 THE COURT: Well, great. If you have a
22 lot of flip-flops, that's good.
23 I've just got to decide if the origin of
24 one flip-flop is sex and it's with -- and then they say
25 I lied about a relationship in the course of a sexual 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 284
2 assault investigation, one would think sexual. And
3 then she gets back on and says, I lied about it, I've
4 got to determine -- I probably am not going to find any
5 cases directly on that, but I have to determine is it
6 relevant if it's not around sex? Is it relevant?
7 Because if it is around sex, then it's barred by the
8 Rape Shield because it's -- you agree with that?
9 MR. MESEREAU: Yeah, but the thing is a
10 relationship doesn't just involve sex. Some people
11 have relationships and there's nothing sexual about
12 them.
13 THE COURT: Well, I'm all over with --
14 as far as the female witness because it doesn't have
15 its origin in sex. Right? Hers -- well, it doesn't
16 have an origin in that. It's saying she's your friend;
17 she connects you; you use friends or connections to get
18 places. I get that one.
19 MR. RYAN: Sure got there with this
20 female witness.
21 THE COURT: Okay. I don't need you to
22 comment on that.
23 MS. FEDEN: We don't have an offer of
24 proof on the female witness --
25 THE COURT: Listen, I understand -- 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 285
2 MS. FEDEN: -- so we cannot --
3 MR. MESEREAU: We don't have to.
4 MS. FEDEN: So we cannot properly assess
5 whether or not the Rape Shield is applicable. That's
6 what I'm saying.
7 MR. MESEREAU: Your Honor, I'm
8 just going to go forward --
9 THE COURT: You're claiming that with
10 the female witness there's no sex. He is trying to
11 claim that --
12 MS. FEDEN: He's also claiming that the
13 first witness is no sex.
411 14 THE COURT: I got -- he's trying to
15 claim that proposed male Witness Number 1 did not have
16 its origin in terms of the police statement of sexual
17 relationship. He's saying, I'll cleanse it by leaving
18 out sexual and only talk about saying to the police,
19 Did you have a relationship with this person. And then
20 he says I have another statement.
21 And I think that's -- like I said,
22 that's so technical in terms of relevance of whether I
23 just don't let the statement in for relevance as
24 opposed to -- you know, I get what you want to do. But
25 it may also be out on relevance. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 286
2 MR. MESEREAU: She says I didn't tell
3 the police the truth. That's directly relevant to her
4 credibility.
5 THE COURT: That might be good. That
6 might be good, if we can cleanse it well enough to keep
7 it out of the realm. So maybe your point was you can
8 cleanse it.
9 So if she has a statement somewhere that
10 says I didn't tell the police the truth, do you agree
11 she said that?
12 MR. RYAN: I frankly -- I'd have to go
13 back and read it.
14 MS. FEDEN: I have to go back and look,
15 too. But, again, keep in mind, if it's regarding the
16 male witness --
17 THE COURT: Yeah, but what if it's about
18 nothing? What if it's in a sworn testimony that she
19 just, period, says I didn't tell the police the truth
20 about anything? You don't think I'm going to let that
21 in?
22 MR. RYAN: Right. And I don't recall
23 that specific line. I recall generally the testimony.
24 But I can also just say just on this one
25 fine point with it is, again, you're talking about 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 287
2 cleansing things. And if you ask a witness who had a
3 sexual relationship with someone what was the nature of
4 your relationship, the odds of that person talking
5 about the sexual relationship are extraordinarily high.
6 THE COURT: I understand that. I'm
7 going to stop you. What if you just simply said you're
8 going to ask Andrea Constand, Did you ever make the
9 statement that you weren't completely truthful to the
10 police?
11 MR. MESEREAU: I can do that.
12 THE COURT: That's pretty good.
13 MR. MESEREAU: Would it refresh your
14 recollection if I show you this?
15 THE COURT: You're darn right you are,
16 but why wouldn't you start it with that question
17 because that's what you're talking about and I don't
18 know why I just spent the last 15 minutes talking about
19 origins and cleaning things and stuff like that.
20 MR. RYAN: Because the impeachment would
21 come back to this male person we're talking about and
22 then we have to explore that.
23 THE COURT: No, no, no. The impeachment
24 starts with, Did you ever make a statement in a
411 25 deposition that you weren't truthful to the police? 288 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 MR. RYAN: Yes. I agree.
3 THE COURT: If she did, that's relevant
4 in terms of somebody testifying. I don't care what its
5 origin is then. And if that's all it is, we're not in
6 Rape Shield. It's about making a different statement.
7 MR. MESEREAU: That may be that's all it
8 is.
9 THE COURT: May you're having --
10 taking --
11 MR. RYAN: And then when you confront
12 the witness with this supposed statement -
13 THE COURT: Confront the witness --
411 14 MR. RYAN: Then we start talking about
15 relationships.
16 THE COURT: I'm talking about
17 confronting her with the deposition. Did you ever make
18 this statement? The deposition sounds like their best
19 thing, the deposition, saying I wasn't truthful with
20 the police.
21 MS. FEDEN: Your Honor, you understand
22 that what you're asking them to do is take a statement
23 out of context just so that you can carve out the Rape
24 Shield? Is that what you're permitting them to do?
41, 25 THE COURT: Ms. Feden, I am not. What 289 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 I'm saying is if anybody, if Mr. Cosby has a statement
3 saying I lied to the police --
4 MS. FEDEN: Or I gave Quaaludes to women
5 to have sex.
6 THE COURT: All right. Ms. Feden --
7 MS. FEDEN: Objection. That would be --
8 THE COURT: Ms. Feden, we are not going
9 to go down this -- this is not your opportunity to look
10 at me and then start to come up with these scenarios.
11 So I'm going to ask you -- maybe Mr. Ryan has to make
12 the argument -- why did you go to that when I'm still
13 trying to talk?
14 If you have a statement -- I'm trying to
15 tell everybody. If you have a statement where somebody
16 says I wasn't truthful for the police, then sometimes
17 that statement alone, standing alone, is relevant, is
18 relevant. And then we deal with if who needs to try to
19 rehabilitate somebody who said that or who tries to
20 impeach somebody.
21 So I understand all of your positions
22 and I'm going to review them. But if that's the
23 statement in a deposition that I wasn't truthful for
24 the police, then that's an important statement and they
41, 25 would have a right under any concept to explore it and 290 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 not to try to say, Well, it only can come back to sex.
3 Somebody said I wasn't truthful with the police and
4 he's offering ways to cleanse it.
5 MR. RYAN: Right. And what we're both
6 talking about is that rehabilitation aspect of it
7 because my recollection again generally of the
8 deposition versus the statement is that I believe the
9 word "boyfriend" was used in the statement. And
10 "boyfriend" doesn't necessarily mean two forms of
11 sexual contact and an emotional relationship. And
12 there was a clarification about what boyfriend for two
13 years or did you have sexual contact twice.
14 THE COURT: The case law on Rape Shield
15 has a lot of exceptions.
16 MS. BLISS: It sure does.
17 THE COURT: A lot of exceptions. And I
18 need to read them all. Need to read them all.
19 You appropriately brought it to my
20 attention, Ms. Feden, because you went and
21 dropped it --
22 MS. FEDEN: I wasn't given the
23 opportunity to argue it.
24 THE COURT: Okay. You have --
411 25 MS. FEDEN: And I'm not sure why, but -- 291 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
2 THE COURT: Well, you have -- keep
3 going. When I tried to stop you, Ms. Feden, is when
4 you then said, Well, Your Honor, you won't make the
5 decision or something about Mr. Cosby lying about
6 Quaaludes?
7 MS. FEDEN: No. What I said was you're
8 taking it out of context. And when you do something
9 like that but then don't permit us to take a statement
10 out of context, you're basically allowing them to do
11 whatever --
12 THE COURT: Did I say that I wouldn't
13 permit --
14 MS. FEDEN: -- they want to do, Your
15 Honor, and not us.
16 THE COURT: Let me ask a question. Is
17 there --
18 MS. FEDEN: And I'm just asking that you
19 allow me --
20 THE COURT: -- a designation in the
21 deposition that will put it in context? Because that's
22 where she made the statement.
23 MS. FEDEN: We have said it over and
24 over again, me being cut off at every opportunity and
411 25 other people being allowed to fully finish their 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 292
sentences. But we have given you where it is being
taken out of context.
4 THE COURT: Okay. Try to answer my
5 questions because I can do this in an argument,
6 Ms. Feden, and I don't know why you're doing this.
7 Let me ask you again. Is there
8 somewhere, just like the defense in terms of the
9 Quaaludes because you want to raise it, have portions
10 that they may want to find in a designation in there to
11 bring in what it meant?
12 For instance, was it woman or women.
13 That was in the deposition. It had nothing to do with
14 his statement to the police. It was in the deposition.
15 I put a question to you: Is there
16 something in the deposition in which in the context of
17 the deposition I can better understand a statement that
18 says I wasn't truthful with the police? In the
19 deposition. That's just a simple question.
20 MS. FEDEN: In the deposition where she
21 is allegedly -- because I don't remember this line
22 exactly -- allegedly being honest with the police was
23 when she's talking about Prospective Witness Number 1.
24 Prospective Witness Number 1 in her statement when it's
411 25 referenced is specifically talking about what Rape 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 293
2 Shield precludes which is a sexual relationship.
3 So if you permit them to impeach her on
4 that basis, you will be allowing them to do exactly
5 what Rape Shield prevents, victim shaming, permitting a
6 prior relationship to become the crux and focal point
7 of a trial that doesn't even involve that other person.
8 THE COURT: I understand. So you're
9 saying there is something in the deposition that would
10 let her -- more questions in there that would explain
11 what's there. But you're saying that any explanation
12 she might have, that you would be required to go into
13 Rape Shield yourself because they just want to ask a 411 14 question about I wasn't truthful with the police.
15 Got to research the cases. I assume
16 that you'll all stay busy tonight. Let me know what
17 cases you believe you think -- I do not want general
18 Rape Shield. I do not want -- I don't want the purpose
19 of Rape Shield. I don't want any of that argument.
20 We are now on a specific mission here to
21 determine this specific issue around Rape Shield.
22 Clearly, Rape Shield talks about its reason in so many
23 cases. I need the specific cases. I think I'm very
24 familiar with what you want to do, and I'll make a
25 ruling after I've review the cases. COMMONWEALTH vs. WILLIAM H. COSBY, JR. 294
2 MR. RYAN: To understand, this is
3 impeachment we're talking about; right?
4 MR. MESEREAU: Yes.
5 THE COURT: Impeachment right now
6 that -- but all I'm hearing him saying is simply this.
7 If it doesn't exist in her deposition, which both of
8 you are unsure whether it does; so you need to do your
9 research on that. He says it does. If it doesn't
10 exist in there, we don't have an issue.
11 But if it exists in there where she
12 makes a statement, I wasn't entirely truthful with the
13 police, and it's completely out of context, I get it.
14 But it's a pretty good statement for any witness that's
15 on the stand if I have a previously recorded statement
16 from them saying I wasn't truthful. If I'm them, I
17 sure as hell want to use it and I want to limit it and
18 I want to box it. I just want to be able to have her
19 say I wasn't truthful with police.
20 If shifts then to the context of, hold
21 on, Judge, the only way that she said that was around
22 sex, being in a relationship with the male witness.
23 And I'm going to have to read all that, so please send
24 me where these designations are. I've never read any
25 of them. I've got a lot of work to do. 295 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR.
I'm assuming that you guys all looked at
3 all this and you're not just saying, Hey, it's Rape
4 Shield. Because right now he's trying to make a claim
5 it's not.
6 And I agree with you that if we're
7 around a prior relationship with the male witness,
8 which is where I started, and it was sexual, then we'll
9 see where we go. But can you all find out what the
10 hell she said?
11 MR. STEELE: Yeah. That's not in the
12 designations. The designations were simply on the
13 defendant's.
14 MS. FEDEN: Mr. Cosby's.
15 THE COURT: Who?
16 MR. STEELE: On the defendant's.
17 MR. RYAN: If it's in her deposition,
18 we'll find it.
19 THE COURT: If it's in the defendant's,
20 I don't want to hear about it. If you're saying that
21 you have a deposition of Andrea Constand --
22 MR. STEELE: No. I just -- you said
23 designations and --
24 THE COURT: I didn't mean designations.
411 25 I meant to her designation because that would mean if 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 296
2 she found a designation, she wanted to designate
3 something in Andrea Constand's deposition --
4 MS. FEDEN: They want to.
5 THE COURT: No, no. You are -- if you
6 listen to me, you'll hear what I'm saying. If in the
7 deposition you find something where she goes on to
8 explain this in a way in which has nothing to do with
9 sex or anything else, you would be permitted the same
10 way that they may be permitted on the Quaaludes, which
11 you just brought to me.
12 You're saying you're not being fair;
13 you're not doing the same thing. You said it. And I'm
14 saying I'm giving you the opportunity to do that if you
15 can find it in her deposition. That's all I said. I
16 don't want to mix designations. I don't want to mix
17 anything.
18 All of you brought this up to me right
19 five minutes before an opening. That's where this
20 started. So let's move forward with this.
21 MS. FEDEN: And, Your Honor, regarding
22 the second prospective witness, a female, I am --
23 THE COURT: Right now he has said that
24 that --
41, 25 MS. FEDEN: I'm sorry. 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 297
2 THE COURT: I've heard him to say -- and
3 now I'm going to ask you to clarify again. Does it
4 have anything to do with sex?
5 MR. MESEREAU: Nothing. No, nothing.
6 THE COURT: So you will not mention and
7 he said he would not -- just like I did with
8 Mr. McMonagle. It has nothing to do with the victim's
9 sexuality, just relationships that may have gotten her
10 somewhere in --
11 MS. FEDEN: And just to be clear, Your
12 Honor, I am just trying to preserve these people's
13 privacy. I am not trying to be anything. I'm not
14 trying to be disrespectful. But these are people with
15 lives and we're dealing with a record that is public.
16 And that is the only thing that I'm arguing for.
17 THE COURT: So am I. And that's why I
18 am the one that started this whole thing by giving them
19 only prospective witness names. I have not gone
20 anywhere further. I will do anything in my power to so
21 protect them.
22 MR. RYAN: I'll note that we all
23 collectively failed in not using their names
24 repeatedly. I'm just saying.
411 25 THE COURT: Well, I'm going to ask -- 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 298
2 with your understanding, I am going to redact their
3 names from this. I'm going to ask the court reporter
4 that any time we used them to redact the names. So
let's keep it going.
6 MR. RYAN: Just for tomorrow morning, I
7 presume at this stage there's Dr. Ziv and then there
8 was also a motion --
9 MS. BLISS: 609.
10 MR. RYAN: -- where -- yeah,
11 regarding --
12 THE COURT: Okay. We'll be here at, I
13 don't know, at 8:15 and we'll start up and start to
14 argue those other --
15 MS. BLISS: Because those witnesses will
16 be coming in.
17 THE COURT: I understand. But I will
18 argue the motion on -- I said it before -- preclusion,
19 not exclusion. Exclusion are question by question.
20 Preclusion is the entire witness. I will only hear
21 argument. You've given me a preview on exclusion, why
22 I should exclude it, why I should be aware of her
23 answers. Preclusion means that I should not permit her
24 to say anything; right?
25 MS. BLISS: Yes, Your Honor. And then 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 299
2 the 609 is Chelan Lasha. And we filed that. I believe
3 you received a courtesy copy. She has prior
4 convictions.
5 THE COURT: I hear you. And if you're
6 going to call that person, I mean, I'm going to have to
7 deal with that. Obviously, I don't want to keep you
8 all night and deal with it, but, I mean, you're talking
9 about an 11 -year -old crimen falsi. If you're threading
10 the eye of the needle, you're getting pretty close in a
11 case like this where -- whatever it is, I'm sure you'll
12 have all of the cases.
13 And if you're expecting the Court to
14 simply be by the letter of the law, you know, I'm going
15 to look at it because this is a 404(b) witness which
16 may put them in somewhere different. I don't know.
17 But in a case where -- you know, you have it. So it's
18 your call whether you call the witness. If you do, be
19 ready to argue, you know, whether --
20 MR. RYAN: We're calling them.
21 THE COURT: I know who's calling it.
22 I'm assuming that you've made the determination. But
23 if the Court is indicating that there's a strong
24 possibility I will permit them to use that crimen falsi
25 and somehow under the law I give you the opportunity to 1 COMMONWEALTH vs. WILLIAM H. COSBY, JR. 300
2 say -- I'm not going to be swayed simply by there's
3 cases out there that say if the statute says ten years,
4 then it's ten years.
5 But I also have to look at this case and
6 its history of 404(b) and when I let these witnesses in
7 and when the case was brought. So I'm just telling you
8 there's a lot to look at. And I'll make the rulings
9 right before every witness has to testify.
10 Thank you all very much.
11 MS. BLISS: Thank you.
12 THE COURT: And you'll redact that.
13 Thank you.
14 (At 5:43 p.m., proceedings were
15 adjourned until Tuesday, April 10, 2018,
16 at 9:00 a.m..)
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25 301 CERT IF ICATE
I hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me in the above cause and that this is a correct transcript of the same.
VIRGINIA M. WOMELSDORF, RPR Official Court Reporter
- - - 302 accordance [2] 34/10 167/16 4 according [1] 225/19 $3,380,000 [3] 231/9 232/5 404 [2] 299/15 300/6 accordingly [1] 233/5 234/5 4:00 in [1] 222/2 accuracy [3] 182/15 193/12 1 4:30 [1] 53/25 217/19 4:41 p.m [1] 263/5 accurate [1] 192/15 10 [14] 6/15 22/11 25/20 25/21 4:58 [1] 263/8 accurately [2] 29/15 301/5 26/8 35/14 36/18 60/12 66/14 4th [5] 55/6 63/11 67/3 70/11 accusation [1] 181/10 67/11 72/3 117/11 121/9 300/15 74/6 accused [3] 110/18 111/10 101 [1] 121/11 5 174/21 10:00 [1] 52/17 accuser [1] 111/16 11 [51] 5/12 6/12 8/8 8/10 9/8 584 A.2d [1] 114/14 acknowledge [3] 119/22 232/15 17/22 1829 19/12 19/19 20/2 5:00 [1] 263/17 233/2 20/10 2125 22/8 22/8 25/7 25/7 5:02 [1] 265/17 acquire [1] 193/14 25/21 29/13 35/3 37/11 37/12 5:10 p.m [1] 272/6 across [1] 37/16 37/16 39/2 46/14 46/15 53/7 5:43 [1] 300/14 act [1] 58/19 54/18 54/21 58/6 63/10 68/5 acting [3] 179/12 185/24 205/21 6 76/13 92/3 92/4 104/17 104/18 action [1] 27/17 104/21 1(15/4 105/5 105/13 107/7 605 [7] 112/14 117/22 117/24 actions [3] 112/8 225/17 253/8 109/15 110/3 117/20 121/8 118/2 118/6 159/13 159/25 active [1] 98/8 121/14 130/17 130/19 149/12 609 [2] 298/9 299/2 actively [1] 201/19 168/23 169/20 614 [1] 178/5 activities [3] 170/19 274/11 11 -year [1] 299/9 65 [1] 121/11 275/10 112 [1] 21/11 68 [1] 121/11 actress [1] 236/9 11:45 [1], 144/25 6:30 [5] 264/11 264/21 264/23 acts [1] 158/7 11:49 [1]', 44/22 265/2 265/24 actual [8] 54/23 60/19 126/5 12 [22] 6/15 22/12 25/20 25/21 6th 2] 143/24 144/2 154/6 161/12 162/11 194/20 36/2 60/12 67/4 73/20 73/24 7 196/21 74/13 76/9 111/19 121/9 158/12 actually [9] 11/18 63/2 64/21 167/23 13/14 195/13 195/18 7:00 [2] 264/11 264/19 131/8 131/15 145/12 171/2 196/4 190/4 198/13 230/24 7th [1] 121/22 171/19 215/4 12 -year [].] 231/2 8 adamant [1] 269/18 120 [1] j4/17 add [3] 95/4 131/25 169/8 12:00 [2]/ 144/3 144/19 80 [1] 151/9 added [1] 130/20 12:30 [3] 144/14 144/20 215/15 81 [1] 121/11 addition [1] 134/24 12:40 [1]' 152/8 8:15 [1] 298/13 additional [3] 160/15 160/16 15 [5] 121/11 156/7 215/19 8:30 [1] 215/2 183/11 263/23 267/18 9 address [3] 183/6 263/19 263/25 15 feet 36/18 117/11 addresses [3] 97/9 152/23 153/2 16 [1] 17 9's [1] 19/12 adds [1] 140/5 18 [6] 103/3 167/23 169/22 934 [2] 114/13 114/14 adequate [1] 169/25 194/17 266/22 268/21 9:00 [2] 214/24 300/16 adjourn [3] 31/10 188/16 188/18 1987 [2] i10/7 10/23 9:09 [1] 1/13 adjourned [1] 300/15 1:23 [1] /152/9 9:30 [2] 215/3 215/5 administer [1] 167/22 1:25 [1] 745/2 9th [1] 266/24 administering [3] 237/18 239/8 2 A 244/2 administration [2] 180/24 2.06 [6] 157/22 158/4 158/10 A.2d [1] 114/14 266/16 166/9 20/13 205/17 a.m [2] 1/13 300/16 administrative [2] 86/20 147/12 2.06A [1] 166/2 abide [1] 194/17 admissible [2] 15/7 16/16 2004 [10]'' 219/25 226/3 229/3 abided [1] 194/18 admission [3] 209/13 231/24 229/4 230/23 234/15 234/15 ability [16] 6/17 61/21 154/14 233/22 234/15 2j4/22 261/17 166/5 167/9 187/14 190/24 191/5 admit [4] 60/10 80/25 153/21 2005 [8] c173/6 224/8 229/5 193/13 201/15 221/10 221/12 153/24 229/12 229/16 229/17 247/25 237/5 237/6 260/19 260/20 admitted [1] 197/13 248/2 able [19] 12/9 26/10 37/20 adopt [1] 158/25 2006 [1] 0231/17 99/12 169/24 176/23 183/16 advance [1] 214/25 2015 [5] 230/16 230/16 231/2 190/25 199/12 201/13 207/23 adversarial [5] 52/6 90/18 91/5 233/9 234/19 217/22 226/23 239/18 260/22 91/7 91/13 2018 [3] 1/13 143/24 300/15 261/11 261/14 269/25 294/18 advise [2] 166/5 166/10 219 [1] 3/4 About any [1] 56/21 advised [2] 168/16 184/24 22 [2] 248/22 248/23 Above [1] 301/6 advocacy [1] 118/25 22nd [1] '276/17 Absence [2] 235/3 235/13 advocates [3] 118/24 179/25 26th [1] '224/7 absolute [1] 106/8 180/2 Absolutely [6] 23/7 63/25 64/20 [1] 185/25 3 affairs 79/20 157/18 195/10 affect [8] 6/17 61/21 140/3 30 [1] 232/6 accent [2] 37/5 189/17 164/7 198/16 264/7 266/3 267/16 30th [2] 1231/2 234/19 accept [2] 183/22 282/19 affected [4] 20/9 82/15 84/2 3932-16 [1] 1/7 accepting [1] 94/20 252/5 3:20 [1] 27/16 access [1] 232/23 affecting [4] 21/9 105/10 3rd [9] j4/11 55/11 63/3 67/16 accommodate [3] 26/6 166/25 154/14 201/14 67/21 7426 74/16 74/17 121/11 266/23 affiant [1] 179/13 accomplished [1] 226/24 303 A 176/17 195/9 230/4 232/20 anyone [17] 16/17 50/21 59/5 265/24 268/21 272/11 70/6 76/19 77/20 79/22 106/23 affiants [1] 179/12 alternate [1] 183/18 123/5 177/24 198/20 198/24 affidaviti [1] 134/9 alternates [1] 167/24 205/6 267/19 267/24 271/20 affirmative [5] 15/19 171/20 alternatively [1] 149/13 275/10 198/8 200/25 206/17" am [25] 6/10 12/14 24/19 24/20 anyone's [1] 15/7 affirming[1] 30/2 28/4 38/8 82/10 98/3 118/9 anything [125] 5/7 13/2 20/7 affront [1] 199/20 119/12 130/5 176/8 184/3 184/15 23/16 25/24 33/25 37/19 37/23 afternoon[6] 40/6 40/7 46/7 245/11 264/17 268/17 284/4 44/2 47/6 50/2 50/9 50/18 50/22 56/15 56/18 63/7 288/25 296/22 297/12 297/13 52/9 52/11 59/11 59/18 61/9 afterwards [8] 57/14 138/17 297/17 297/18 298/2 62/2 64/5 64/6 64/12 69/23 182/5 226/17 239/17 246/17 Amendment [1] 162/18 70/12 70/13 70/24 71/7 72/13 246/18 250/5 American [5] 231/19 232/12 72/13 72/15 72/17 72/17 72/24 against [il] 7/25 180/22 181/17 232/13 232/15 233/3 72/25 73/8 76/25 77/4 77/11 182/2 184/6 184/14 185/9 212/19 among [1] 96/22 78/8 80/19 81/10 81/10 81/18 212/20 257/18 266/15 amongst [5] 157/4 157/13 198/12 81/21 83/13 85/12 86/17 93/8 age [2] r73/14 190/13 214/10 262/18 94/7 94/19 95/4 108/7 109/20 agency [2t 253/16 253/17 amount [1] 264/16 113/23 117/11 123/10 124/4 agents [IT 253/15 analysis [4] 9/22 106/19 110/9 136/9 139/8 144/8 148/11 148/13 aggravate a [7] 181/6 220/11 126/21 149/17 152/23 153/2 154/14 223/24 257/17 244/8245/24 analyzed [1] 259/17 154/22 154/23 155/6 156/12 261/16 And one [1] 71/13 157/3 157/5 157/13 157/14 aggregati6n [1] 201/20 and whether [1] 8/7 157/17 157/25 158/7 163/17 ago [1] 236/4 and/or [1] 53/9 169/7 169/24 170/23 171/12 agree [20i 10/2 10/6 14/19 22/4 Andrea [54] 219/19 219/24 224/9 171/15 177/15 177/19 186/24 26/23 3045 54/3 125/25 130/25 225/2 225/5 225/11 225/22 193/11 195/22 197/14 197/15 159/9 166/12 214/8 280/11 226/13 226/14 226/20 227/10 197/25 198/8 200/20 201/3 280/12 20/14 280/19 284/8 228/22 229/4 229/25 231/17 201/19 204/8 205/19 206/10 286/10 18/2 295/6 231/19 232/14 233/15 235/21 206/15 209/9 214/3 216/14 238/7 agreed [41 12/13 21/11 144/14 237/2 237/20 238/5 238/25 239/16 251/17 252/15 252/16 146/9 239/25 241/3 241/14 242/9 261/19 262/22 267/13 270/4 agreeing (1] 20/19 242/24 243/10 243/18 245/2 270/5 270/8 271/21 271/24 273/6 agreement.[6] 29/7 231/11 245/10 246/7 247/7 248/2 248/16 277/24 286/20 296/9 296/17 231/17 2 ,2/18 233/4 233/6 250/6 253/21 254/8 255/9 255/25 297/4 297/13 297/20 298/24 agrees [2! 19/8 232/5 256/11 256/11 256/18 257/20 anywhere [3] 35/3 282/20 297/20 ahead [7]-1 9/15 232/4 242/18 257/25 258/16 258/21 261/3 apologize [1] 141/23 246/3 243/22 272/16 280/5 261/17 281/25 287/8 295/21 apologized [4] 100/5 116/10 aids [1] r187/21 296/3 224/22 238/13 alert [2] 13/6 151/3 Andrea's [2] 248/12 253/22 apologizing [2] 224/21 225/3 alias 432 97/8 Angeles [1] 255/7 apparently [5] 82/16 128/25 allay [1]f 89/24 animosity [1] 193/7 265/23 273/11 277/19 allegatiop [1] 90/20 announce [1] 26/22 appear [4] 146/11 197/25 198/9 allegatiofls [4] 51/4 232/20 annoyance [1] 234/4 267/14 257/17 29/22 anonymity [1] 200/18 appearance [2] 167/15 206/21 alleged [4] 121/14 130/21 another [20] 37/6 37/9 43/6 appeared [6] 2/3 18/18 18/20 153/14 1?1/22 47/18 61/4 83/10 112/11 149/2 51/24 55/10 68/22 allegedly[3] 80/16 292/21 178/4 204/12 205/10 205/10 appears [3] 42/23 104/3 161/6
292/22 1 231/25 241/4 245/19 248/22 apples [1] 133/5 alleging [1] 223/25 251/11 271/2 274/5 285/20 applicability [1] 262/17 allow [111 32/24 92/25 129/5 answer [23] 18/15 82/21 83/21 applicable [1] 285/5 156/16 12/3 172/22 173/12 89/2 92/16 98/3 105/21 121/9 apply [6] 163/5 163/6 178/18 179/10 218/16 269/2 291/19 189/8 189/12 192/17 192/17 196/20 212/13 212/14 allowed [2] 90/16 131/18 194/11 194/11 194/23 194/24 applying [2] 162/19 184/10 157/20 208/23 267/11 268/16 208/11 208/15 209/2 210/8 211/2 appreciate [6] 5/6 24/15 100/17 269/11 269/15 269/21 270/3 253/23 292/4 174/7 255/6 268/18 281/19 291/25 answered [7] 15/19 34/21 34/24 approach [1] 274/9 allowed td [1] 157/20 67/24 93/10 93/10 193/23 approached [1] 105/25 allowing 18] 29/3 127/20 191/16 answering [1] 210/22 appropriate [6] 91/24 163/12 198/5 19#/15 267/15 291/10 answers [11] 28/22 83/6 84/8 176/7 204/25 211/9 271/16 293/4 86/25 92/10 105/18 187/16 appropriately [3] 153/7 168/15 allows [41 30/6 197/11 212/11 208/18 248/18 257/7 298/23 290/19 215/18 anticipated [1] 169/11 approximately [2] 36/2 144/19 almost [4] 35/14 99/11 192/25 anybody [43] 37/19 37/19 37/24 April [16] 1/13 34/11 55/11 202/13 49/21 50/18 53/8 64/9 64/18 63/11 67/3 67/16 67/21 74/6 alone [7]t 93/22 132/10 192/3 69/11 69/13 69/19 69/22 70/2 74/6 74/16 74/17 121/11 121/22 227/24 20/22 289/17 289/17 76/16 76/24 77/3 77/8 82/15 143/24 266/24 300/15 along [9]t 10/24 110/11 110/25 94/25 102/9 118/22 125/8 126/8 April 2018 [1] 143/24 236/21 240/9 249/25 250/9 130/19 158/7 176/11 176/14 April 7th [1] 121/22 253/12 209/17 178/9 178/12 179/14 196/25 April 9th [1] 266/24 already [ ,9] 7/10 39/16 41/12 197/5 206/23 216/11 216/12 ABD [1] 98/7 45/6 91/11 91/17 96/7 122/2 216/14 219/10 231/25 236/21 area [3] 96/9 240/13 281/5 128/14 151/24 160/2 164/15 264/13 269/23 274/12 289/2 areas [1] 234/10
1 2 304 A 52/4 61/24 84/10 86/6 90/13 bar [2] 172/17 176/14 115/12 135/12 149/19 150/5 bare [1] 238/2 aren't [5t 20/21 107/17 195/18 157/16 167/7 220/21 228/3 barely [1] 53/4 210/21 05/24 251/13 251/22 254/8 268/15 barred [1] 284/7 argue [7]:, 161/3 174/10 279/18 279/11 279/21 288/22 291/18 barring [1] 24/11 290/23 298/14 298/18 299/19 asks [1] 208/21 base [1] 130/16 argued [2]. 151/17 161/19 asleep [2] 224/10 224/10 based [33] 5/19 15/5 15/16 arguing [3] 82/8 177/6 297/16 aspect [6] 198/13 222/21 234/17 16/20 24/7 27/23 39/21 39/24 argument L43] 6/7 6/21 9/21 240/19 246/25 290/6 75/3 86/9 86/11 110/23 112/9 62/15 62119 83/13 93/20 93/25 aspects [9] 151/25 222/19 113/17 116/23 118/11 122/16 94/2 94/3 94/9 94/10 95/16 223/19 224/14 227/9 228/14 122/20 128/3 128/24 130/7 101/23 102/5 103/18 103/19 243/25 250/4 260/2 132/18 136/24 147/24 148/5 104/14 194/20 105/9 107/3 aspiring [2] 236/5 236/8 152/6 154/8 154/9 168/8 168/19 107/16 107/20 109/7 109/8 129/6 assault [15] 181/6 219/19 176/18 185/6 227/23 129/7 13Q/12 139/20147/24 220/12 222/9 223/23 223/24 basic [3] 130/12 209/25 211/25 148/9 1/5 160/7 161/4 161/21 237/17 244/8 245/25 246/13 basically [3] 100/4 170/23 163/10 14/4 192/18 267/11 261/16 279/6 279/15 281/7 284/2 291/10 289/12 292/5 293/19 298/21 assaulted [1] 220/10 basics [1] 20/25 arguments1[13] 20/16 147/4 assembled [1] 167/12 basis [6] 16/17 82/14 117/16 147/23 18/25 170/5 172/14 asserted [1] 51/24 125/13 210/12 293/4 183/7 19 /11 196/13 196/15 assess [2] 187/12 285/4 basketball [3] 226/21 226/24 198/6 26g/4 265/8 assessed [1] 117/4 226/24 arise Elff 186/4 assessing [1] 151/23 bathroom [1] 219/3 armed [1]1 26/9 assessment [1] 227/16 Batson [1] 15/5 around [1.] 11/10 18/8 19/18 assist [2] 154/3 167/25 bear [1] 192/22 29/4 51/8 52/11 194/20 196/10 assistant [5] 2/7 14/7 86/20 Beasley [5] 126/20 135/15 206/5 21 /10 233/19 279/11 147/12 181/24 136/11 136/13 136/15 284/6 28 /7 293/21 294/21 295/7 assume [3] 109/4 160/9 293/15 BECKY [2] 2/11 99/24 arrangeme4t [1] 144/23 assumed [1] 167/11 become [8] 11/4 11/5 71/11 arrangeme,,ts [1] 236/20 assumes [1] 208/22 187/13 190/7 208/12 213/24 arrest [2 96/16 96/17 assuming [4] 98/6 179/16 295/2 293/6 arrested 2] 185/3 230/25 299/22 becomes [3] 12/11 43/25 228/9 arrive [1. 214/22 athlete [1] 245/11 becoming [1] 135/24 arrived [ ] 53/5 attached [1] 115/6 bed [1] 247/18 aside [1] 110/22 attack [3] 14/11 14/17 16/20 bedrooms [1] 247/12 ask [109] 7/5 7/19 9/12 11/9 attempt [3] 12/25 112/11 176/6 beforehand [2] 218/12 269/15 12/22 1843 24/21 24/24 25/9 attempted [1] 216/15 begin [6] 81/20 85/22 93/20 30/4 31/1 33/12 38/13 38/22 attend [1] 30/24 154/12 268/14 279/11 44/16 49'24 49/25 50/2 50/3 attendance [2] 203/24 270/14 beginning [2] 33/2 131/7 50/11 50/11 50/18 50/19 50/23 attention [17] 9/19 28/21 64/16 behalf [1] 256/19 50/25 5142 51/6 51/8 52/8 52/8 65/21 113/6 113/8 155/12 156/19 behaved [1] 82/24 52/22 56/17 57/13 61/8 61/20 157/6 166/12 181/19 196/25 behind [3] 195/15 215/4 225/20 62/5 62/42 62/23 63/17 67/3 215/12 223/7 223/8 228/6 290/20 being [56] 4/6 9/13 12/23 27/9 70/19 74/2 74/5 74/7 83/8 87/25 attentively [1] 191/8 31/23 35/9 35/14 36/5 36/18 88/3 89/14 90/8 90/22 attorney [12] 2/5 13/8 34/3 46/3 51/5 51/18 54/25 63/3 80/9 91/23 92 12 95/17 97/24 99/12 181/13 181/25 182/3 182/10 87/7 96/2 98/8 111/10 117/18 100/14 1t1/15 104/6 112/12 182/17 183/2 218/24 254/20 123/19 143/4 152/15 157/25 113/23 15/2 131/5 131/18 270/19 159/13 161/3 165/19 167/23 131/19 14/14 134/15 145/18 Attorney's [2] 2/17 229/17 168/7 173/4 174/5 187/16 187/16 147/2 14117 149/23 150/4 attorneys [7] 2/7 180/25 183/5 190/14 191/13 195/3 198/2 198/9 154/21 154/24 155/6 156/9 205/22 206/13 209/18 232/7 220/7 221/17 238/9 250/21 156/13 156/18 167/8 177/21 authorities [1] 128/21 252/17 252/25 256/7 257/17 180/12 190/18 200/21 208/24 automatically [1] 280/7 259/24 263/14 267/14 280/2 212/16 22/19 219/9 222/24 available [2] 31/15 38/23 291/24 291/25 292/2 292/22 228/6 2/17 236/15'251/15 avoid [11] 7/7 7/17 158/16 294/22 296/12 260/9 266/16 272/23 278/3 279/5 159/21 186/9 197/25 198/8 belief [3] 44/14 174/5 235/15 280/7 21/18 282/18 287/2 287/8 214/14 234/4 234/5 267/13 believable [1] 192/15 289/11 2,1/16 292/7 293/13 awake [1] 224/11 believe [40] 12/7 14/2 35/21 297/3 291/25 298/3 aware [6] 16/6 28/3 160/8 42/7 80/12 93/4 93/21 97/8 ask this El] 219/9 212/13 257/17 298/22 103/24 114/9 118/23 121/25 asked [431 35/15 51/2 51/11 away [12] 23/23 24/16 27/13 123/6 123/14 124/4 125/15 55/19 67122 73/14 74/25 78/20 159/7 201/12 210/2 237/6 237/7 126/13 144/22 145/25 153/6 78/23 88417 88/18 88/22 91/11 242/6 245/5 252/16 252/21 153/10 155/3 160/3 166/21 167/4 101/14 198/15 110/15 111/9 168/15 176/19 201/8 217/6 115/20 15/20 117/14 124/17 B 217/15 234/14 252/17 252/19 131/18 1;5/25 143/18 145/20 background [4] 112/6 226/15 263/16 263/20 273/3 276/16 146/22 153/20 187/16 191/14 226/22 229/11 290/8 293/17 299/2 196/23 2;4/8 224/18 224/19 backwards [1] 113/17 believe these [1] 118/23 225/10 2;4/13 249/4 249/5 252/3 bad [2] 220/23 280/5 believed [4] 128/12 129/2 151/4 253/22 261/8 267/9 278/14 badges [1] 216/8 252/25 279/14 3 bag [1] 257/14 believes [3] 10/17 128/19 asking [26] 6/6 6/9 15/13 47/14 banker [1] 85/11 171/22 3 305 B 290/12 25/5 26/24 27/25 28/14 29/6 break [16] 47/17 52/17 57/3 29/21 30/22 31/4 31/16 129/13 believing[1] 168/24 129/4 147/3 152/4 188/19 204/2 154/10 165/21 265/5 265/7 bell [1] 172/6 213/3 215/20 216/6 219/3 219/11 272/21 Benadryl [13] 240/6 241/17 261/25 262/9 267/5 can't [54] 10/7 19/7 37/3 41/25 241/25 242/4 242/14 245/5 249/5 breakfast [1] 199/11 43/22 46/5 51/20 60/2 61/21 251/21 257/12 258/11 258/22 breaks [2] 26/14 215/14 73/15 82/5 89/9 95/20 102/8 259/9 259/17 breasts [2] 238/2 238/9 117/11 126/2 126/11 132/5 benefit [1] 61/15 brief [2] 161/4 188/17 132/12 137/25 138/25 139/2 besides [1] 43/22 briefly [2] 103/16 272/8 157/4 162/11 162/21 163/18 best [19]I 14/4 24/824/23 28/20 briefs [1] 232/24 173/25 175/5 176/17 178/10 32/25 4246 44/13 142/9 180/4 bright [1] 272/4 192/17 194/10 196/22 199/14 201/6 204/11 212/23 214/15 bring [56] 6/25 7/18 13/8 23/21 200/2 200/5 201/17 202/22 221/10 221/11 222/19 262/9 28/18 28/20 29/9 51/3 51/7 202/24 203/18 203/19 207/21 282/17 08/18 52/22 64/21 66/3 66/7 66/11 211/5 211/9 214/14 218/10 betrayal [2] 219/18 219/18 71/14 71/24 72/9 83/7 84/7 222/17 262/5 262/19 269/7 269/8 betrayed [2] 220/2 220/2 84/11 84/14 84/23 85/7 85/16 269/22 270/23 270/25 better [7f 149/24 199/25 217/16 85/21 86/10 87/13 89/13 90/21 Canada [1] 229/6 266/23 279/18 281/22 292/17 92/3 99/7 131/4 140/12 141/18 Canadian [1] 229/7 Betty [2] 99/22 99/23 143/7 149/2 155/11 155/11 cane [1] 37/6 between [ ] 114/21 153/25 158/5 155/21 156/8 156/9 156/19 157/6 cannot [6] 7/23 101/4 115/21 167/5 17/7 219/22 227/7 248/15 160/19 166/11 196/24 259/14 268/6 285/2 285/4 beyond [1,]i 148/15 172/25 263/4 264/9 265/12 265/16 canvass [2] 103/24 154/13 181/14 182/24 184/13 185/8 272/11 272/15 272/16 283/6 cap [1] 37/12 185/14 45/18 196/3 209/24 292/11 capabilities [2] 203/8 270/13 213/14 f bringing [6] 50/24 60/19 94/23 capability [2] 203/23 269/4 bias [7]16/12[7] 46/12 20/17 81/21 158/14 277/15 283/2 card [4] 34/24 55/20 67/25 75/2 151/25 18/23 191/16 193/10 brings [5] 19/12 233/18 234/22 care [7] 164/10 186/18 199/16 big [7] 4/14 55/16 74/19 76/7 243/19 259/16 200/3 214/21 215/18 288/4 116/7 20 /12 209/14 broadcast [1] 271/8 careful [2] 185/6 185/23 bigger [2 232/10 234/10 broadcasts [1] 204/17 carefully [5] 69/17 120/3 biggest [] 26/11 broke [4] 49/14 241/15 243/13 147/16 190/17 218/7 Bill [8] f48/19 48/21 48/24 258/2 cares [1] 276/2 48/24 49c3 181/4 181/9 255/2 brought [25] 9/18 24/4 34/18 Carol [3] 52/16 155/24 167/5 bit [11] 418/14 31/8 214/17 45/19 56/11 65/20 78/20 78/24 carried [1] 122/21 216/2 216/4 237/10 242/2 262/6 90/5 102/23 111/11 111/19 carries [1] 257/15 266/3 264/8 266/12 111/23 112/2 154/9 155/3 158/24 carry [2] 110/14 270/16 blank 38/17 117/15 161/7 183/9 234/18 243/13 carrying [1] 186/9 blankets -1] 266/22 290/19 296/11 296/18 300/7 carve [1] 288/23 blind [2]j 46/10 151/9 built [5] 219/21 219/22 219/23 case [197] 5/20 7/15 9/25 10/8 blinds [5] 36/16 47/10 47/11 225/17 235/24 10/20 10/22 10/23 10/23 19/18 47/12 47/13 bunch [1] 213/6 28/13 44/2 49/21 53/10 64/24 BLISS [17] 2/10 4/5 18/17 18/22 burden [21] 5/18 8/5 122/22 70/9 74/3 74/3 97/15 103/11 27/7 80/8 90/8 91/3 115/6 150/3 150/7 150/9 150/23 150/23 105/17 105/24 110/8 110/10 118/13 12/6 143/3 152/14 151/5 151/6 151/13 181/14 110/16 111/24 113/15 113/16 165/17 243/12 272/11 182/23 184/12 185/10 185/12 114/3 114/12 116/20 116/22 Bliss's [1] 131/4 185/16 213/13 223/12 223/13 116/24 117/10 118/22 119/10 blocked [ :] 31/8 223/14 135/5 140/3 150/4 150/19 157/5 blood [I]t 239/17 burdensome [1] 153/9 161/17 162/11 163/11 167/7 blown [1]i 70/23 Burger [5] 40/9 40/24 137/13 171/5 173/10 174/18 175/8 175/8 blue [5] 220/16 239/25 243/18 144/14 145/13 175/9 176/13 176/17 180/9 259/19 249/20 business [2] 251/18 255/13 180/23 181/4 182/2 182/16 blurry [1X 221/22 busy [1] 293/16 183/10 183/11 183/17 184/4 blurt [1] 197/15 buy [1] 258/4 185/18 186/3 188/24 193/6 193/8 193/18 193/21 194/5 194/9 board [1]f 255/15 C bodies [1- 238/25 194/12 194/25 195/11 195/12 body [2] '221/15 237/21 C's [1] 11/22 195/25 196/5 196/18 196/23 bogged [1] 13/5 cabinet [1] 188/20 197/2 197/12 197/23 197/24 bold [1] 121/9 called [28] 34/6 34/15 42/12 198/13 198/17 198/20 198/21 bomb [1] 10/19 52/3 63/10 95/2 100/5 116/15 198/23 198/24 199/2 199/6 bomb-on-atplane [1] 10/19 123/25 138/24 144/6 144/9 199/15 199/23 200/6 200/11 bones [1] 47/17 145/13 145/15 166/7 180/14 200/25 201/3 201/5 202/23 203/3 book [1] i209/14 182/14 183/7 208/24 222/10 203/4 203/20 204/6 204/8 204/13 both [12]1 9/14 14/4'105/15 230/4 230/23 246/21 253/20 205/19 206/23 206/24 207/25 118/21 151/13 204/23 225/6 253/21 253/21 254/16 254/20 209/7 209/11 209/16 211/12 271/14 278/16 282/21 290/5 calling [5] 54/21 254/8 277/15 211/16 212/18 212/21 214/10 294/7 299/20 299/21 214/20 217/7 217/16 217/25 bottom [1X 149/6 calls [9] 14/8 24/7 182/25 218/20 218/21 218/22 219/17 bought [2X 249/13 249/14 227/9 248/14 248/24 249/3 249/4 219/17 222/9 222/14 222/22 bound [1] 207/8 253/14 223/23 223/24 224/6 225/14 box [1] 294/18 camera [24] 4/23 7/19 11/23 225/25 226/5 227/12 227/14 boyfriendi[3] 290/9 290/10 12/8 12/19 12/23 19/7 19/8 21/2 227/14 227/16 227/23 227/25 306 C children [1] 269/3 218/8 220/16 221/3 222/4 242/25 choose [3] 181/17 215/16 275/9 253/13 254/9 255/12 257/18 case... [57] 228/4 228/19 chronology [1] 129/22 261/21 280/9 228/22 228/22 229/3 229/19 circumstance [3] 108/20 221/16 comfort [3] 34/2 166/24 167/6 229/20 230/12 230/15 230/17 260/12 comfortable [6] 12/15 71/16 233/11 233/14 233/19 234/18 circumstances [6] 9/4 9/25 88/16 166/20 166/24 241/18 234/22 235/6 235/9 235/19 51/18 128/19 155/9 247/8 coming [8] 4/18 38/9 100/17 235/19 236/17 237/13 240/9 cite [1] 116/20 127/3 200/20 226/10 254/24 241/23 244/21 247/3 247/25 citizen [2] 67/17 180/22 298/16 249/23 253/5 259/19 260/9 citizenship [1] 180/20 commence [1] 95/16 261/12 261/14 267/17. 267/19 civil [9] 229/24 229/25 230/3 commenced [6] 4/3 27/5 31/20 267/20 267/23 267/24 268/2 231/5 231/5 231/8 233/19 276/7 102/10 165/15 263/9 268/6 260/16 269/17 269/24 276/9 Commencing [1] 1/13 270/6 27Q/9 270/20 270/22 civility [1] 89/9 comment [5] 58/12 58/13 59/10 270/24 271/3 276/2 276/3 283/3 claim [12] 85/16 87/14 87/18 64/19 284/22 283/5 296/14 299/11 299/17 92/12 93/7 108/17 128/7 153/17 comments [3] 48/5 49/22 197/3 300/5 300/7 162/13 285/11 285/15 295/4 commitment [1] 180/8 cases [15] 7/24 30/11 79/9 claim that [1] 285/11 committed [3] 97/17 213/11 112/7 163/12 181/2 228/2 284/5 claiming [2] 285/9 285/12 220/11 293/15 243/17 293/23 293/23 claims [4] 78/7 233/23 234/3 committing [1] 133/12 293/25 299/12 300/3 276/23 common [7] 1/2 235/2 235/12 casting [ ] 250/7 250/12 253/12 clarification [2] 148/13 290/12 235/16 236/13 236/25 247/14 casual [3 49/18 200/9 269/23 clarify [2] 140/13 297/3 COMMONWEALTH [37] 1/6 2/7 4/15 category 2] 235/11.237/17 cleaning [1] 287/19 5/14 13/17 14/2 14/14 15/5 cautiona [17] 157/4 169/13 cleanse [4] 285/17 286/6 286/8 15/14 93/2 94/2 94/4 110/6 170/3 17 /19 174/3 174/14 290/4 113/15 161/25 163/2 169/8 177/24 1 4/19 194/15 194/15 cleansing [1] 287/2 171/11 180/21 181/2 181/13 205/12 2 5/14 262/15 265/13 clear [23] 35/12 48/2 55/10 182/14 182/23 184/12 185/7 267/2 26'i/4 272/2 57/11 73/5 77/17 83/7 84/8 98/2 185/12 185/16 185/18 213/13 cell [5] 198/25 203/7 203/22 111/14 116/5 116/13 135/14 218/25 219/14 223/7 228/16 267/25 2 0/12 137/24 151/18 172/6 189/22 228/17 228/23 233/13 233/18 central [ ] 51/4 240/15 191/9 196/14 205/18 223/22 Commonwealth's [2] 182/2 182/16 certain [ ] 28/23 30/8 171/9 274/19 297/11 communicate [6] 198/19 198/22 172/6 19/24 211/22 241/23 cleared [3] 99/20 100/19 139/18 198/24 216/15 267/19 267/24 certainly1,[11] 16/21 34/4 clearer [1] 116/6 communication [3] 203/8 267/22 106/15 1p9/2 114/7 120/5 135/13 clearly [16] 59/12 64/18 70/23 270/13 159/16 249/12 275/9 281/2 82/14 116/14 141/9 157/3 157/9 communications [3] 166/7 200/13 certainty[4] 106/9 106/14 161/7 169/21 189/14 190/2 203/23 106/15 105/19 197/12 214/4 243/8 293/22 community [5] 96/23 96/25 97/4 certify [ ] 301/4 clerk [2] 154/21 168/4 97/6 98/7 cetera [1 243/12 client [5] 12/22 29/19 120/12 compare [1] 152/25 chair [2] 37/14 188/18 125/4 151/8 compelled [1] 85/25 challenge[12] 15/519/14 85/19 client's [2] 103/8 255/7 Complaint [1] 181/3 86/12 8016 98/5 98/5 119/13 close [12] 132/5 153/16 181/19 complete [5] 120/12 129/21 161/12 141/12 162/24 163/4 182/16 199/7 200/6 216/9 216/24 141/6 160/6 185/20 chambers '[10] 4/3 27/2 31/20 223/7 223/8 268/8 299/10 completed [3] 130/8 195/12 80/6 142/25 152/12 168/13 closely [1] 217/2 199/8 179/21 222/17 272/20 closer [1] 8/2 completely [8] 100/22 162/15 chance [81 40/18 44/9 87/22 closest [2] 11/16 85/14 188/21 193/25 198/21 267/21 189/18 204/4 265/9 266/8 273/25 closing [5] 148/4 183/7 183/7 287/9 294/13 change [i] 92/16 119/3 160/7 186/22 192/18 complicated [1] 201/5 changed [4] 48/8 87/8 89/2 89/4 clothes [1] 221/25 complied [1] 158/9 Changes [4] 148/11 155/22 257/9 clue [1] 191/7 complying [3] 156/13 157/19 charge [4] 18/21 18/25 131/8 clumsy [1] 159/6 179/17 183/8 co [2] 179/12 179/13 computer [4] 2/16 203/7 203/22 Charged [4] 185/3 185/13 186/7 co-affiant [1] 179/13 270/12 220/11 co-affiants [1] 179/12 concedes [1] 235/21 Charges [l] 180/21 181/3 181/5 coat [1] 37/9 conceding [1] 241/24 181/8 180/9 184/6 184/14 185/9 code [2] 158/18 172/13 Conceivably [1] 178/21 234/18 237/16 238/17 coffee [1] 26/11 concentrating [1] 210/24 chastity [3] 174/21175/13 collect [3] 82/3 270/25 270/25 concentration [1] 243/7 175/17 collected [5] 188/19 204/7 concept [3] 193/25 262/17 check [9]d 35/22 43/19 57/18 204/9 204/11 270/20 289/25 190/15 293/10 203/14 203/15 collective [1] 136/24 concern [5] 21/25 211/16 212/25 203/17 246/6 collectively [1] 297/23 213/7 213/16 check-in t1] 203/14 color [1] 193/11 concerned [7] 51/25 87/11 92/24 Checking [2] 203/17 203/20 combination [1] 19/12 150/2 193/7 213/18 252/4 Chelan [1, 299/2 comedy [6] 48/16 48/18 48/25 concerning [5] 126/21 184/6 Cheltenhaii [9] 220/15 221/2 49/3 53/8 58/19 193/15 212/23 224/25 221/2 229/9 229/10 229/13 comes [22] 20/17 20/17 22/5 concerns [4] 5/9 165/25 212/24 229/19 230/20 258/8 53/25 59/18 156/20 197/18 266/2 Cheltenham where [1] 229/10 201/17 208/16 209/12 210/9 conclude [2] 185/6 217/21
ti 307 C Constitution [1] 181/11 124/7 124/8 124/11 124/11 constitutional [5] 161/11 124/12 124/22 125/24 126/4 concluded -[2] 27/3 179/22 162/22 162/24 163/4 164/4 corroboration [1] 228/4 6 conclusions [1] 82/11 contact [17] 87/2 132/20 173/7 COSBY [33] 1/8 26/22 29/23 condition[1] 4/19 199/10 200/15 229/8 229/9 30/15 30/17 31/17 48/20 48/24 conditionS [1] 201/7 262/21 268/9 268/10 269/2 269/3 49/3 49/21 50/22 53/9 58/19 conduct [4] 103/23 170/19 171/6 269/11 269/12 273/20 290/11 59/7 64/19 71/7 72/24 76/15 172/14 203/2 239/8 270/7 270/8 290/13 77/9 96/12 168/24 228/17 228/17 conducting [1] 110/4 contacted [3] 86/25 123/4 123/5 230/2 231/18 232/13 233/3 conference [3] 32/16 262/10 contacting [1] 146/7 233/13 255/2 274/12 275/11 272/17 contacts [2] 227/7 254/14 289/2 291/5 confident:14] 122/2261/11 contained [4] 44/12 197/16 Cosby's [5] 12/16 64/7 178/17 261/13 261/15 197/21 301/5 232/15 295/14 confidential [6] 32/25 100/22 container [1] 132/13 couch [1] 82/21 188/21 231/11 232/18 233/4 contempt [3] 204/22 216/18 couching [1] 83/21 confidentiality [2] 12/3 200/17 271/12 could be [1] 227/23 confirmed ?[1] 32/5 contend [2] 112/18 175/20 counsel [66] 2/3 8/21 12/24 confiscation [2] 204/25 271/16 contention [2] 124/21 174/17 13/14 25/5 29/9 30/5 30/5 30/9 confront [3] 91/6 288/11 288/13 contents [1] 27/20 30/10 30/21 31/8 31/9 31/11 confronted [2] 93/6 250/11 contest [1] 4/15 33/21 39/17 78/19 84/10 118/16 confrontiMg [1] 288/17 context [14] 174/2 218/2 218/11 118/17 118/20 121/4 124/3 133/9 confused j1] 190/8 244/16 255/12 281/5 288/23 146/22 153/25 156/21 158/3 conjecturf [1] 16/25 291/8 291/10 291/21 292/3 161/19 165/23 167/8 168/6 168/9 conjunction [1] 283/18 292/16 294/13 294/20 168/15 178/2 181/13 182/12 connected. [3] 179/11 184/21 contextual [2] 131/18 131/19 186/25 196/12 196/13 196/15
191/11 1, continuation [1] 132/18 197/14 200/9 200/15 207/9 208/3 connections [1] 284/17 continue [13] 28/6 32/21 129/16 208/5 208/7 208/17 209/22 connects (1] 284/17 132/5 152/21 153/13 173/18 210/20 211/21 212/2 212/19 connotation [3] 172/24 175/2 174/3 183/16 200/19 210/8 217/4 217/10 217/21 218/5 175/16 265/14 272/7 218/19 219/16 231/20 232/15 connotation of [1] 175/2 continued [1] 58/10 265/15 265/22 266/15 272/8 connote [g] 170/22 170/23 173/9 continuing [2] 166/9 250/25 counsel's [7] 29/8 156/19 173/11 240/22 contract [2] 158/5 158/8 159/14 166/12 197/22 207/5 consciously [1] 241/5 contradiction [2] 274/7 283/20 210/20 consciousness [2] 246/21 247/21 contradicts [3] 277/12 283/12 counter [1] 258/5 consensua4 [1] 237/4 283/19 counts [2] 181/5 261/16 consent [4] 30/8 224/13 237/6 contrary [2] 139/13 234/2 COUNTY [6] 1/3 1/16 2/17 36/11 244/17 245/24 245/25 246/8 control [4] 101/4 239/7 247/15 97/9 229/15 246/8 247/17 couple [27] 9/11 29/24 33/12 consenting' [1] 261/19 controlled [3] 247/16 260/24 38/6 44/16 47/17 55/20 59/23 consents 11] 29/21 260/24 62/22 67/3 72/19 72/20 74/8 Conshohocken [3] 40/9 40/10 controls [2] 207/2 260/25 75/2 88/15 112/25 186/3 222/25 144/15 convene [1] 152/5 225/23 228/25 231/4 231/12 consider [16] 134/19 147/17 conversation [23] 25/13 38/4 231/15 231/21 237/11 237/14 191/23 102/10 197/11 198/5 49/16 49/18 49/20 64/14 114/21 249/19 201/13 20/9 211/7 213/21 137/20 147/20 200/8 220/20 course [16] 14/18 23/2 23/12 217/11 21/12 226/2 259/23 224/17 224/20 243/6 250/2 250/4 30/3 36/19 164/14 167/17 182/13 261/9 26/11 250/19 251/13 252/18 254/7 183/2 198/7 203/14 217/18 230/9 consideraion [2] 185/7 213/20 254/22 258/22 268/3 232/23 267/13 283/25 considered [2] 153/20 239/12 conversations [8] 137/15 144/5 court [162] 1/2 1/16 4/3 7/17 consideriMg [7] 147/3 191/17 145/19 147/22 200/9 220/22 8/15 8/19 8/21 9/19 11/25 12/9 193/18 214/4 226/2 226/5 241/22 269/23 269/23 12/18 15/3 17/5 17/7 17/8 17/10 consisten5y. [3] 14/9 140/12 convict [1] 261/15 17/14 17/15 18/7 19/14 27/5 193/15 convicted [1] 227/23 27/5 27/17 27/21 28/2 28/10 consistent [5] 21/3 22/13 22/14 conviction [3] 18/19 18/24 28/15 28/25 30/23 31/20 32/3 105/3 11/16 113/16 39/10 39/13 42/13 42/15 51/19 Constand 44]- 171/2 219/19 convictions [2] 15/6 299/4 60/8 80/6 81/8 98/2 99/4 99/15 219/24 24/10 224/18 225/2 convince [1] 118/19 100/14 101/24 104/4 106/8 225/5 225/23 226/13 226/14 cooler [1] 266/20 106/11 106/14 106/15 106/18 226/20 217/10 228/22 229/4 cooperate [1] 233/17 107/25 108/5 108/6 108/10 229/25 2 1/18 231/19 231/20 cop [1] 37/7 108/11 108/19 108/21 109/22 232/5 238/13 232/14 232/14 copies [1] 158/10 109/23 109/24 110/2 110/23 233/2 237/15 233/24 235/22 cops [1] 23/17 112/4 112/9 113/15 113/21 114/9 237/3 237/20 242/24 245/2 246/7 copy [11] 32/6 32/8 32/8 38/8 115/8 116/17 116/20 116/21 248/2 244/3 248/4 248/16 248/16 39/16 144/12 158/11 205/8 117/2 117/4 117/18 118/2 119/19 249/12 249/18 255/6 261/3 205/10 205/10 299/3 120/9 121/2 121/4 121/24 123/4 261/17 274/3 287/8 295/21 core [1] 189/3 123/10 123/22 123/24 125/19 Constand'O [5] 173/5 232/19 corner [1] 55/8 128/8 131/3 135/9 136/6 139/23 241/3 2805 296/3 correctly [4] 107/20 145/2 142/25 143/13 145/21 146/11 constantly [2] 211/15 211/16 145/20 156/3 147/2 147/11 147/14 148/2 constitute [5] 184/22 208/3 correspondence [14] 119/17 148/12 149/12 149/20 150/4 208/5 217/10 233/22 120/2 120/7 123/16 124/2 124/4 150/10 151/13 151/21 152/12 308 C 18/13 230/8 230/25 231/9 234/13 crux [2] 169/2 293/6 235/14 236/8 237/2 237/15 court... 06] 152/20 153/22 cue [1] 165/7 237/16 237/19 238/25 239/6 154/5 154/20 157/16 158/5 165/3 culpability [1] 174/20 239/20 240/22 241/2 241/4 165/15 165/15 165/21 166/5 current [1] 112/6 241/14 241/20 241/25 242/23 166/11 169/3 169/5 169/18 currently [2] 96/24 232/24 242/25 243/19 244/12 247/16 169/21 172/13 175/9 175/21 cut [3] 201/10 201/22 291/24 248/15 253/6 253/15 256/25 177/21 180/15 188/20 188/22 cut -in [1] 201/10 260/3 260/25 261/15 263/14 188/25 109/6 189/11 191/6 cute [1] 37/4 defendant's [17] 182/3 185/10 196/20 199/7 200/7 204/6 204/21 221/2 224/2 224/2 225/6 225/7 204/22 206/18 212/10 212/16 D 225/24 229/10 234/8 237/20 212/20 06/18 218/9 218/16 darn [1] 287/15 237/25 245/7 247/17 295/13 219/15 263/9 263/10 263/25 date [2] 132/11 181/8 295/16 295/19 264/4 266/16 267/8 269/22 dates [1] 234/6 defense [28] 7/8 7/10 27/23 270/19 271/11 271/12 271/15 daughter [2] 248/8 251/22 28/18 32/5 51/9 94/22 96/15 298/3 299/13 299/23 301/10 days [6] 63/2 150/15 167/17 105/11 105/25 116/24 117/14 Court's [S] 11/12 28/4 28/20 230/9 232/6 268/23 125/3 135/12 152/20 153/20 34/20 92424 105/16 107/18 116/7 deal [12] 10/24 10/24 40/23 160/17 167/19 175/19 175/20 125/11 1g5/23 126/4 152/18 43/24 156/2 163/25 265/5 265/5 182/4 182/13 182/17 182/25 153/4 15 /6 196/25 209/16 265/9 289/18 299/7 299/8 219/4 262/25 282/12 292/8 213/24 2 5/3 dealing [4] 91/4 234/7 235/17 defense's [1] 95/24
Court -1 [ ] 153/22 297/15 defenses [1] 232/20
Court -2 [ ] 42/15 deals [1] 260/6 define [1] 186/2
Court -3 [ ] 154/5 dealt [5] 21/25 65/2 78/15 defines [1] 175/9 courtesy 1] 299/3 165/20 265/6 definitely [1] 157/2 [7] 1/16 36/12 52/10 December [2] 231/2 234/19 definitions [1] 183/9 c553/6 200 21 203/9 203/11 December 30th [2] 231/2 234/19 delay [5] 112/11 125/15 125/21 courtroom [33] 1/12 11/21 11/21 decide [10] 129/6 183/21 184/5 150/15 180/11 13/5 29/ 0 31/4 34/18 34/22 184/11 192/5 218/21 219/5 delayed [1] 121/18 35/13 36,11 45/2 45/16 54/18 241/11 245/8 283/23 delaying [1] 81/4 55/18 67421 74/22 74/25 76/4 decided [2] 218/2 256/12 deliberate [6] 183/17 190/6 76/7 81/ 92/4 99/9 142/18 deciding [3] 164/16 204/13 190/18 195/14 196/5 197/10 166/18 1 6/21 172/22 178/13 271/3 deliberately [1] 206/2 188/14 1 / 9/5 189/24 216/11 decision [19] 11/2 12/19 18/8 deliberating [8] 189/3 191/18 216/12 25/18 104/19 113/16 113/22 116/7 191/24 196/6 198/14 198/14 cover [1] 172/8 122/15 126/22 192/19 196/10 207/7 214/5 covered [ ] 58/3 275/7 207/15 220/8 220/8 220/23 deliberation [4] 188/12 195/19 create [2] 134/22 260/19 261/12 265/3 265/20 291/5 203/18 211/11 created [2] 88/17 106/13 decisions [5] 30/11 130/5 130/7 deliberations [6] 183/13 187/9 creates [] 106/4 147/25 192/25 188/8 188/12 203/25 270/15 credibility [37] 8/13 14/12 declarant [2] 140/2 141/11 deliver [4] 201/22 219/8 263/18 14/17 1113 18/7 18/8 19/3 declaration [37] 4/23 6/11 6/20 265/3 19/12 61 4 112/5 116/4 116/7 21/3 21/14 24/20 24/22 24/24 demand [1] 190/13 116/19 157/4 126/18 126/24 33/6 33/8 33/12 38/10 39/12 demeanor [3] 87/8 187/12 193/8 127/3 127/6 129/9 148/15 151/19 39/18 41/10 42/14 99/15 115/5 demonstrate [1] 185/20 151/23 1p3/17 187/13 192/4 115/8 116/8 135/2 135/10 135/23 demonstrated [1] 122/2 192/5 192/7 192/13 192/25 136/7 136/11 138/5 139/21 140/4 denial [3] 81/25 95/24 169/20 207/12 217/19 227/17 257/23 143/18 143/21 144/10 145/6 denied [7] 81/22 93/6 93/24 274/8 27W4 276/7 286/4 145/19 146/8 146/12 147/6 148/5 111/11 111/22 117/12 169/5 credible gs] 105/14 107/23 declarations [3] 126/19 134/11 denies [8] 51/21 93/24 107/13 111/7 11/25 117/18 147/11 107/19 117/15 121/8 153/15 crime [7] 97/16 97/18 223/15 declare [2] 118/11 160/10 169/18 241/12 2.3/23 246/23 261/10 declared [1] 112/15 Denise [2] 155/24 157/21 crimen [2 299/9 299/24 declined [1] 229/18 deny [5] 117/19 153/19 154/8 crimes [5, 185/3 185/13 185/14 decorum [1] 11/25 170/2 234/4 186/7 21 /11 deem [1] 204/24 denying [5] 84/25 85/4 85/6 criminal :8] 1/4 23/3 28/21 deemed [1] 267/4 119/12 169/12 125/3 180/21 181/3 184/25 198/5 deems [1] 271/15 denying it [1] 85/6 criteria )2] 255/19 255/22 deeper [1] 22/2 Department [3] 97/10 229/13 critically [1] 114/2 defendant [87] 2/12 4/6 27/9 230/20 cross [221 7/3 7/20 8/3 8/15 29/8 31/23 48/21 48/22 49/21 depending [3] 6/14 61/24 62/4 8/19 8/2g 9/18 13/17 16/10 69/24 80/9 96/16 143/4 152/15 deposition [45] 177/13 223/5 16/17 1749 18/13 84/12 85/24 165/19 178/19 181/5 181/10 225/7 225/10 230/5 230/8 230/8 94/5 95/7 129/20 182/13 183/3 181/11 181/15 181/17 182/3 233/10 234/8 234/9 234/14 209/24 215/21 276/8 182/18 182/20 182/21 182/24 238/12 240/5 243/2 245/7 252/8 cross-examination [4] 7/20 95/7 184/7 184/13 184/25 185/4 274/3 275/19 276/8 276/9 276/22 129/20 275/21 185/14 185/17 191/22 196/2 278/15 279/2 279/10 280/6 cross-examine [13] 7/3 8/3 8/15 196/11 200/9 205/22 213/12 287/25 288/17 288/18 288/19 8/19 8/20 9/18 13/17 17/9 84/12 213/14 213/19 213/24 219/22 289/23 290/8 291/21 292/13 94/5 18203 183/3 276/8 220/10 220/14 222/3 223/3 223/4 292/14 292/16 292/17 292/19 cross-exaltined [1] 85/24 224/7 224/17 225/2 226/16 227/4 292/20 293/9 294/7 295/17 cross-exapining [3] 16/10 16/17 227/23 228/23 228/24 229/25 295/21 296/3 296/7 296/15 309 D directions [2] 157/19 157/20 done [44] 5/20 7/18 11/12 21/9 directly [8] 29/2 89/14 111/20 24/9 25/16 54/5 56/20 58/14 depositions [4] 230/5 233/11 115/17 120/14 155/25 284/5 58/19 68/19 69/12 71/5 73/7 247/7 26q/4 286/3 76/20 77/14 92/15 95/7 100/15 depressants [1] 240/15 Director [3] 226/21 227/2 131/10 135/3 149/8 152/2 163/3 describe [4] 127/4 181/23 250/14 163/21 164/12 164/12 170/7 221/10 221/15 dirty [1] 224/21 173/24 194/10 194/23 215/2 described [2] 80/18 244/18 disagree [1] 126/8 215/24 219/4 228/13 233/21 describes[2] 245/3 276/18 disbelieve [1] 14/3 235/24 236/7 238/13 239/16 describing, [3] 226/8 240/17 discerned [1] 4/10 246/24 248/20 255/21 257/6 276/16 discharge [8] 28/10 103/7 142/6 Donoghue [11] 13/13 32/15 33/22 descriptidn [3] 37/16 38/25 169/24 183/16 198/22 204/23 40/14 49/25 54/17 100/16 128/22 243/2 267/21 132/15 132/21 133/8 design [61 235/3 235/13 235/16 discharge their [1] 103/7 door [5] 101/14 212/8 243/5 236/13 2$6/25 247/15 discharged [5] 150/17 150/17 243/5 243/6 designate[1] 296/2 150/21 150/25 153/10 dormant [1] 230/15 designati$n [4] 291/20 292/10 disclosed [1] 168/22 doubt [19] 94/25 95/3 106/5 295/25 296/2 discomfort [1] 87/5 106/13 114/5 181/15 182/24 designatins [6] 294/24 295/12 discrepancies [1] 140/15 184/13 185/8 185/15 185/19 295/12 295/23 295/24 296/16 discuss [9] 20/4 70/6 77/19 185/22 185/22 186/4 186/7 186/8 despite ['] 93/12 101/24 79/21 199/6 200/6 200/11 214/9 186/9 196/3 213/14 destroyed,[1] 188/24 268/6 downstairs [3] 34/14 55/13 detail [li 5/15 discussed [1] 98/6 74/19 detailed 1] 86/25 discussing [3] 58/24 195/18 Dr [3] 160/18 240/23 298/7 Detectives [1] 229/16 198/14 draw [1] 82/11 determination [8] 8/13 29/2 Discussion [1] 15/10 drawing [2] 82/11 215/12 126/18 46/24 153/8 192/16 discussions [1] 255/8 drawn [1] 207/14 192/22 299/22 disheveled [3] 222/2 247/10 drink [2] 220/4 222/4 determina.ions [1] 82/8 247/18 driving [1] 266/20 determinative [2] 14/7 14/8 disinclination [1] 135/21 drop [2] 189/15 191/10 determine4[15] 18/4 18/7 27/18 disinclined [1] 135/18 dropped [2] 280/5 290/21 28/18 92/8 128/8 138/21 161/22 dismiss [1] 149/21 dropped it [1] 290/21 194/4 19122 213/10 239/18 dismissed [2] 114/6 150/14 drowsy [2] 242/7 245/6 284/4 284/5 293/21 disregard [2] 197/23 211/18 drugged [2] 237/4 237/5 determine4 [2] 27/21 28/14 disregarded [3] 241/3 245/19 drugging [1] 248/18 determining [1] 113/18 245/19 drugs [1] 239/9 develop [] 118/12 225/11 disregards [2] 241/4 241/6 due [3] 119/15 123/15 162/15 develope&j5] 225/8 226/18 disrespect [1] 49/7 duly [7] 30/17 33/16 58/6 67/11 228/5 22/7 260/21 disrespectful [1] 297/14 74/13 79/15 143/9 [1] 19/11 disruption [2] 158/17 159/22 during [48] 30/2 36/23 45/14 develops 1] 225/15 dissent [1] 114/3 56/17 58/16 64/5 105/18 105/21 device [8) 203/8 203/22 204/15 distance [1] 153/17 112/15 112/16 114/4 118/6 205/2 21/3 270/13 271/6 271/17 distinction [3] 184/5 207/23 154/25 169/14 173/18 177/3 devices [2] 203/25 204/20 228/25 184/15 186/11 187/5 187/8 188/8 271/11 distract [1] 141/4 188/14 198/7 203/15 203/23 dialogue [2] 89/19 89/21 distracts [1] 187/15 203/24 203/25 204/18 204/21 did -they -bear -it [1] 6/16 distribute [2] 187/3 188/15 207/25 210/4 218/13 221/15 die [1] #7/17 District [8] 2/5 2/7 2/17 221/16 224/6 230/3 230/8 232/23 dietary [2] 264/12 266/2 181/13 181/24 182/9 183/2 234/13 257/11 257/11 258/22 different [44] 6/23 31/11 46/20 229/17 267/12 270/14 270/14 271/8 51/12 57113 65/24 66/5 88/19 disturb [1] 213/4 271/11 271/18 111/15 113/20 136/20 138/22 diversion [2] 16/16 18/19 duties [1] 180/20 151/2 161/19 161/20 163/15 diversionary [1] 96/21 duty [12] 28/11 53/6 55/10 61/7 175/2 17$/15 208/8 213/6 222/19 divert [1] 191/23 150/17 163/5 169/24 181/22 223/2 224/19 226/7 226/7 226/9 DIVISION [1] 1/4 186/10 191/23 209/16 209/17 227/9 22g/9 228/6 228/14 231/15 divulge [1] 39/6 E 233/11 245/6 237/15 240/15 divulged [1] 39/7 243/23 243/25 248/9 253/12 document [5] 38/22 39/19 43/21 e-mail [14] 80/14 120/25 121/4 260/11 2'1/16 280/25 288/6 231/13 232/11 121/21 152/22 152/22 152/23 299/16 documents [4] 120/16 120/16 152/24 152/25 153/22 153/25 different1y [2] 62/10 161/19 120/18 182/12 154/6 198/25 267/25 difficult1,[2] 33/3 202/8 doing [36] 8/11 12/15 54/23 e -mailed [4] 40/17 137/11 digital [4] 224/23 225/3 238/14 84/17 90/10 90/15 94/17 99/2 137/12 144/13 dilemma 4] 18/15 112/7 113/8 113/9 118/25 124/3 e -mails [1] 203/11 dinner [5) 216/3 264/20 264/25 129/11 146/8 149/15 162/25 earlier [8] 47/14 48/13 48/16 265/23 266/7 172/18 177/24 180/2 191/15 48/20 96/15 113/3 158/24 217/4 dire [9] i15/15 15/16 34/21 199/2 203/12 206/20 213/5 early [2] 190/23 272/4 58/11 63(7 105/18 105/21 114/4 213/15 225/24 228/10 228/21 easy [1] 188/2 191/15 238/19 241/18 251/25 254/24 eat [1] 222/5 direct [31 28/15 155/10 202/15 268/2 292/6 296/13 eaten [1] 221/6 directed ill 216/18 domain [3] 12/10 27/24 129/16 eating [3] 142/15 264/14 264/18 direction -s[2] 179/12 191/20 don't keep [1] 90/9 educate [1] 260/17 310 E 162/11 298/20 217/17 217/18 217/20 217/25 entirely [2] 187/6 294/12 218/20 218/20 218/21 219/6 educational [5] 255/3 255/5 entitled [3] 188/4 188/5 192/12 222/16 223/20 224/14 225/14 255/8 255/14 255/20 entry [1] 243/5 226/4 226/6 228/5 228/7 233/14 Eek [1] 5/9 envision [3] 119/11 199/9 235/10 235/20 236/23 236/24 effect [12] 11/5 14/10 127/10 269/18 239/3 241/11 241/12 241/23 127/13 159/15 159/17 159/17 envisioned [1] 166/22 246/15 247/2 248/19 249/14 240/16 241/23 242/2 242/15 envisioning [2] 202/3 268/8 253/6 259/13 267/11 278/23 245/12 equivocates [1] 274/3 278/24 301/5 effects [3] 162/15 244/24 erase [1] 211/4 evidentiary [5] 171/9 171/25 effort [21 121/5 136/24 error [2] 114/7 122/18 184/18 210/7 218/9 either [20] 6/15 30/7 42/19 especially [7] 17/2 17/4 52/2 exact [2] 46/5 58/12 76/14 80Z24 86/18 104/25 159/20 71/12 126/17 132/24 280/9 exacting [1] 180/10 160/22 162/14 166/6482/4 ESQUIRE [11] 2/5 2/6 2/6 2/9 exactly [13] 11/23 19/20 46/9 200/10 205/5 207/10207/11 2/9 2/10 2/10 2/11 2/11 2/12 47/2 65/2 163/8 173/10 175/22 266/16 271/20 275/6 275/9 32/15 186/13 256/18 281/22 292/22 electroni4 [9] 203/7 203/22 essence [1] 28/4 293/4 204/15 204/20 205/2 270/12 essentially [7] 4/12 161/14 exam [1] 32/3 271/6 27/11 271/17; 161/22 168/25 275/18 276/18 examination [4] 7/20 95/7 element [4] 24/13 185/13 186/6 279/4 129/20 275/21 238/17 establish [3] 19/3 28/23 110/20 examine [13] 7/3 8/3 8/15 8/19 elements 11] 181/7 223/11 established [3] 168/20 217/12 8/20 9/18 13/17 17/9 84/12 94/5 223/15 2 3/16 237/13 241/12 225/9 182/13 183/3 276/8 243/23 2 i 5/18 245/21 246/2 establishes [1] 22/6 examined [8] 30/18 33/17 58/7
261/10 ' et [1] 243/11 67/12 74/14 79/16 85/24 143/10 eleven [1]4 107/10 ethical [2] 174/5 274/14 examining [3] 16/10 16/17 18/13 elicit [lt 236/16 evaluate [1] 253/5 example [1] 235/19 else [48]A 5/7 20/8 22/18 29/4 evaluating [1] 240/10 except 14] 171/12 188/16 233/5 33/25 3413 34/14 38/18 39/21 evaluation [1] 217/18 245/22 44/2 49/ '9 49/21 50/2 50/18 event [6] 87/13 112/15 112/19 exceptions [2] 290/15 290/17 50/22 52 9 53/7 70/6 77/20 78/7 121/2 121/7 187/4 exchange [1] 145/11 79/22 81 10 81/18 81/21 82/15 events [6] 127/2'130/9 132/8 exchanges [1] 153/25 93/7 95/ 100/20 106/23 109/3 134/22 204/17 271/8 excited [1] 127/10 115/12 130/10 120/13 121/20 eventually [1] 31/14 exclude [4] 162/2 162/4 162/8 123/5 12$/10 125/22 126/13 ever [20] 12/5 52/2 76/18 77/11 298/22 155/7 171/19 179/14198/20 80/23 126/14 135/25 146/10 exclusion [6] 160/18 163/14 202/19 2i0/25 266/12 267/19 150/19 205/9 205/24 213/17 178/5 298/19 298/19 298/21 283/10 16/9 213/17 213/19 255/13 257/20 excuse [8] 11/15 27/15 108/10 else's [2i 130/7 202/20 278/10 287/8 287/24 288/17 109/19 133/16 133/18 174/25 embarrass'[1] 125/8 everybody [17] 8/17 11/22 12/18 271/5 embodied 1] 195/20 19/8 22/12 51/3 54/3 64/25 excused [16] 50/15 60/6 65/7 emergent 1] 203/10 90/14 101/4 130/7 176/9 180/16 65/18 70/16 73/19 77/25 79/25 emotional Al] 290/11 216/10 219/10 263/2 289/15 92/22 101/17 105/13 105/23 emphatic .2] 87/7 111/23 everybody's [1] 164/12 109/9 146/19 263/5 272/6 emphatically [1] 88/22 everyone [5] 34/13 34/14 100/20 excusing [1] 265/13 employ [21 27/19 30/11 150/12 266/12 exercised [1] 98/5 employed 11] 154/19 everything [23] 4/8 4/15 11/2 Exhibit [2] 39/13 42/15 employee 11] 13/18 11/24 29/4 49/9 58/3 115/12 exhibits [3] 182/11 197/13 employing[1] 239/8 117/5 118/24 120/7 120/10 261/7 encouragel[2] 220/4 223/7 121/20 126/12 131/10 154/4 exist [3] 271/23 294/7 294/10 encourager [1] 236/9 181/20 181/20 189/23 189/23 existence [1] 110/17 ended [6], 18/23 62/2 62/4 62/4 190/15 200/17 283/10 exists [1] 294/11 229/20 239/20 everything's [2] 66/23 190/14 exits [1] 263/3 ending [11 266/4 evidence [113] 19/19 87/21 expand [1] 145/24 enforcemett [3] 238/19 244/13 107/22 110/23 112/3 117/3 117/9 expect [6] 192/23 199/12 217/23
246/6 f, 134/4 148/14 153/24 159/3 170/6 218/5 266/5 268/25 engage [3] 154/2 206/18 268/15 175/25 176/12 176/12 181/16 expected [1] 217/5 engaged [1] 119/12 182/10 182/17 182/20 183/4 expecting [3] 27/12 265/12 enjoyed [1] 239/2 184/9 184/9 185/3 185/7 186/5 299/13 enough [19] 26/6 32/9 53/16 186/6 186/22 186/23 191/17 expense [1] 234/4 81/7 86/32 93/22 98/4 101/25 191/17 191/18 191/24 192/8 experience [1] t5/7 104/5 107/13 107/22 107/25 193/17 194/4 194/9 194/12 experienced [1] 118/23 108/4 134/14 148/12148/16 194/13 194/22 194/24 194/25 experiences [1] 49/18 149/11 295/25 286/6 195/11 195/25 196/8 196/17 experiencing [1] 195/4 ensuring [1] 180/13 197/3 197/11 197/12 197/22 experiments [2] 203/2 270/8 enter [1] 233/3 197/23 197/24 198/5 207/2 expert [5] 161/15 161/23 208/12 entered [11] 32/15 54/18 62/20 207/13 207/13 208/3 208/5 208/7 260/6 260/16 65/7 66/14 72/3 73/20 92/4 208/10 208/15 208/18 208/19 expertise [1] 240/13 166/18 205/12 265/17 209/7 209/13 209/14 209/17 experts [1] 240/11 enters [1] 213/19 209/23 210/21 211/7 211/12 explain [4] 186/13 265/13 entertainOent [1] 201/10 211/13 211/15 211/18 212/10 293/10 296/8 entire [5] 124/22 152/25 153/22 212/22 213/10 213/21 217/10 explained [3] 26/15 138/3 181/7 311 E 191/24 192/12 finished [1] 99/11 fairness [2] 106/5 149/19 firecracker [1] 277/19 explanatiOn [1] 293/11 faith [4] 171/23 238/18 244/13 first-hand [1] 202/15 explicitly [1] 51/11 246/5 fit [2] 71/19 172/14 explore [3] 51/8 287/22 289/25 faithfully [1] 181/21 fits [1] 217/17 explored [l] 209/9 fall [2] 273/6 273/21 five [4] 84/6 219/2 268/23 exploring,12] 96/9 96/9 falling [1] 237/16 296/19 expose [1j 95/7 falls [1] 235/11 five-minute [1] 219/2 exposed [17] 70/11 70/13 81/10 false [1] 105/21 fix [1] 113/22 103/5 103/25 154/24 155/23 falai [2] 299/9 299/24 fixed [3] 6/4 105/19 110/13 156/12 169/23 197/6 198/2 198/9 falsification [1] 128/21 flag [2] 15/3 159/22 200/18 200/19 205/24 206/2 familiar [9] 36/12 63/13 68/8 flash [1] 211/4
267/14 T: 75/9 143/15 172/13 176/5 240/13 flew [1] 5/6 exposure t4] 156/24 166/6 293/24 flies [1] 112/2 195/22 201/17 familiarity [2] 70/22 71/17 flip [3] 283/18 283/22 283/24 express [1] 268/18 families [1] 248/7 flip-flop [1] 283/24 expressed `[2] 7/15 207/10 family [8] 199/7 199/10 199/13 flip-flops [2] 283/18 283/22 expressing [1] 105/15 200/6 256/8 256/10 268/7 268/7 flop [1] 283/24 expressict [2] 85/23'199/25 famous [1] 73/24 flops [2] 283/18 283/22 expressions [1] 93/9 far [8] 47/15 87/11 90/19 92/24 Florida [1] 254/23 extensively [1] 235/5 117/7 121/3 144/17 284/14 fly [1] 176/18 extent [21 168/18 170/4 fashion [3] 91/6 216/15 257/6 focal [1] 293/6 external (11 195/22 father [1] 250/15 focus [4] 5/3 107/11 174/20 [1] 287/5 fault [1] 233/23 227/14 extraordi ary [1] 179/25 fear [1] 203/19 focused [1] 245/22 extremely [2] 16/16 151/9 February [1] 229/17 follow [19] 4/10 31/12 49/6 eye [2] 2/20 299/10 fed [1] 261/18 91/25 99/14 121/24 123/9 123/23 eye-rollig [1] 82/20 FEDEN [19] 2/6 4/4 27/6 31/21 125/21 158/9 182/19 183/23 eyes [7] 37/3 82/19 83/21 87/9 80/7 143/2 152/13 165/16 176/4 184/2 184/23 207/18 207/20 88/24 139/23 189/10 263/11 272/10 272/23 282/18 207/21 217/2 249/25 F 288/25 289/6 289/8 290/20 291/3 follow it [1] 207/18 292/6 follow-up [2] 91/25 99/14 face [8] ,82/24 112/2 198/23 feel [24] 5/14 7/15 37/18 50/9 followed [6] 95/3 119/20 121/4 198/23 253/24 253/24 267/23 101/24 124/13 134/5 148/4 123/14 202/11 218/25 267/23 154/24 155/23 156/11 157/3 following [20] 4/2 27/4 31/19 face-to-f4ce [3] 198/23 253/24 166/10 166/19 166/23 171/18 54/22 80/5 104/22 119/18 119/21 267/23 191/21 192/11 197/6 199/20 121/6 122/18 125/12 125/13 Facebook [2] 199/4 268/4 200/19 200/23 241/18 271/24 142/24 147/9 152/11 165/14 FaceTime E2] 269/4 269/7 feeling [6] 22/17 108/21 114/17 168/12 204/3 263/8 272/19 facial [21 85/23 93/9 202/6 242/18 254/17 follows [9] 2/3 30/19 33/18 facie [5] 19/18 21/5 22/7 25/6 feels [3] 221/17 221/17 251/2 52/2 58/7 67/12 74/14 79/16 153/12 feet [2] 36/18 117/11 143/10 fact [39];i 8/23 11/4 18/4 28/16 fellow [7] 157/14 158/6 188/4 food [1] 156/15 43/25 617,22 85/23 86/19 93/13 188/9 189/20 195/11 271/21 foot [1] 157/13 93/15 93/22 104/4 107/12 107/14 felt [9] 28/19 48/11 60/9 106/2 for our [1] 125/4 107/17 110/9 113/3 114/2 129/23 124/14 146/7 169/23 201/6 foremost [3] 27/22 128/4 166/20 141/10 161/22 163/15 180/12 221/15 forensic [2] 240/10 245/3 185/2 201/3 207/4 208/21 208/22 female [6] 281/10 284/14 284/20 forgive [1] 135/16 208/22 29-8/23 209/2 209/10 284/24 285/10 296/22 forgot [3] 26/18 35/22 79/10 211/13 212/3 212/7 246/10 259/2 few [5] 62/23 95/18 228/11 formally [2] 137/13 168/19 266/7 279/13 230/9 231/6 former [2] 245/11 277/20 fact-finding [1] 61/22 field [1] 260/16 forms [2] 33/6 290/10 factor [1] 13/10 Fifth [1] 162/17 forth [8] 108/21 126/5 153/22 factors [4] 192/22 193/3 260/18 figure [3] 123/16 133/25 278/12 158/14 264/16 269/13 283/8 261/4 file [7] 119/16 119/23 120/8 283/9 facts [26i 28/23 94/11 94/11 123/17 171/12 171/14 171/19 forum [1] 28/11 94/14 184/4 184/6 184/8 184/9 filed [11] 27/16 116/16 127/22 forward [25] 5/19 24/4 54/8 184/11 187/23 192/6 194/4 159/12 160/23 171/10 181/4 78/11 93/19 102/12 105/22 194/22 196/21 203/3 204/8 207/6 232/24 273/3 273/9 299/2 105/24 105/25 112/2 112/12 207/13 297/14 217/12 218/22 files [1] 18/18 119/14 121/3 122/21 127/4 128/2 228/19 232/17 233/20 270/9 filing [2] 27/23 115/7 132/25 149/14 149/25 153/4 270/21 filings [1] 134/8 225/15 249/21 262/3 285/8 factual 41 21/8 final [5] 17/25 22/11 99/12 296/20 fail [1] 0.89/7 101/12 240/25 found [4] 110/10 204/21 271/12 failed [li 297/23 finally [2] 71/8 114/15 296/2 fair [23] 9/23 12/25 21/8 28/6 finders [2] 207/3 207/3 four [6] 78/13 81/22 93/23 28/12 329 61/17 83/14 90/3 finding [1] 61/22 107/9 156/9 167/17 90/10 103/5 106/12 110/14 fine [3] 204/22 271/14 286/25 fourth [1] 245/18 154/15 155/4 157/25 180/8 finger [2] 34/4 237/21 frame [1] 208/14 180/13 191/13 193/23 201/15 fingers [1] 225/4 frank [1] 249/8 270/17 296/12 finish [5] 53/17 90/17 149/9 frankly [3] 88/9 142/10 286/12 fairly [5] 29/15 71/25 186/4 173/3 291/25 fraud [2] 96/16 96/17 312 F 277/19 279/9 284/3 58/13 63/22 69/12 73/6 76/19 getting [15] 5/24 8/23 9/7 13/2 77/14 92/14 168/24 181/11 free [3] '50/6 100/15 166/10 47/18 70/10 83/17 104/19 180/5 181/12 181/14 182/24 184/13 fresh [2] 215/20 262/16 190/10 214/23 254/17 264/17 185/8 185/11 185/14 185/17 Friday [9]' 5/9 21/25 24/7 25/12 273/25 299/10 196/3 213/12 213/14 213/19 26/5 26/17 27/16 40/6 40/7 Gianna [8] 224/18 231/19 232/14 213/24 246/23 friend [2]" 281/24 284/16 248/3 248/4 248/15 249/12 GUPTA [4] 2/12 27/9 165/19 friendly [1] 215/10 249/18 263/13 friends [16] 199/7 199/18 200/7 GIBBONS [9] 2/6 4/4 27/6 31/21 guy [4] 37/2 37/10 37/14 51/21 220/18 220/18 240/22 243/14 80/7 143/2 152/13 165/16 263/11 guys [4] 44/24 44/25 251/5 243/15 243/19 243/20 268/8 GIBBONS-FEDEN [6] 2/6 27/6 295/2 281/20 281/25 282/5 282/7 31/21 80/7 143/2 152/13 284/17 Ginny [2] 156/18 230/6 friendship [10] 193/6 225/8 girl [1] 224/22 habeas [1] 113/16 281/9 281/10 281/11 281/12 given [33] 42/2 72/10 81/13 habit [1] 228/9 282/23 282/24 283/2 283/4 91/25 96/21 98/4 98/20 103/6 hair [3] 36/25 37/10 228/11 front [10] 26/8 35/7 35/8 35/9 105/21 136/25 164/22 169/13 hale [1] 183/15 35/13 35/17 88/18 172/22 202/18 182/9 183/19 183/24 187/17 half [8] 75/13 152/4 215/8 239/19 194/10 196/24 204/19 217/20 241/15 242/10 243/13 245/9 Frye [1] 161/22 228/12 240/22 257/13 257/13 258/3 fulfill [1] 214/16 258/22 267/4 267/7 271/10 272/2 halfway [1] 210/25 full [8] :5/11 70/23 81/25 275/8 290/22 292/2 298/21 hall [2] 206/9 206/13 113/18 129/21 132/9.134/22 gives [9] 98/24 222/4 222/4 hallway [1] 206/6 258/14 242/25 243/2 257/2 257/16 hallways [1] 206/5 full-blo [1] 70/23 259/15 259/23 hand [14] 30/15 33/14 58/4 67/9 fully [6] 71/25 167/12 209/9 giving [10] 65/24 116/10 184/16 74/11 79/13 118/22 189/9 190/3 243/8 29/25 301/5 241/17 252/15 255/15 267/8 199/24 202/15 221/18 221/23 fund [1] i255/8 268/8 296/14 297/18 225/4 fundamental [1] 184/24 glad [1] 273/24 handed [1] 118/20 funds [2]:, 255/3 255/5 glass [4] 221/3 221/13 235/8 handing [3] 118/13 118/16 further C7] 17/13 19/14 21/6 236/10 118/17 51/9 87/ 4 92/24 92/25 93/18 goes [29] 10/20 16/12 32/7 handle [3] 197/8 197/17 272/13 95/15 97,97,,6108/3; 110/4 112/11 51/13 60/15 60/15 61/25 71/22 handled [2] 95/23 255/3 119/8 147/24 148/14 149/15 110/9 127/9 127/10 206/22 handling [2] 24/18 213/6 153/8 155/10 160/5 160/6 166/8 218/25 220/14 222/5 222/20 hang [2] 9/6 54/7 183/18 210/18 228/3 234/4 226/6 226/9 226/19 230/14 232/6 happen [12] 5/8 62/11 80/25 297/20 i 236/9 244/16 245/5 250/2 250/4 100/7 100/7 168/7 206/15 211/15 Furthermore [2] 127/12 185/4 250/8 278/25 296/7 212/18 220/9 236/16 246/17 future [31 109/7 119/2 188/23 going to [1] 46/13 happened [30] 8/7 18/4 49/13 G goings [1] 250/11 49/14 61/6 61/8 70/19 86/3 gone [15] 74/4 110/24 150/14 94/18 106/4 128/17 132/10 gain [2] 232/23 270/18 151/25 169/21 226/25 243/23 132/11 137/16 137/19 220/6 gathered (1] 232/22 244/10 249/12 250/13 258/13 221/10 221/21 226/2 226/17 gave [19]'! 43/9 53/21 60/9 84/13 259/25 261/10 264/3 297/19 227/18 229/3 230/22 233/16 105/18 147/5 157/20 158/4 goodbye [1] 99/12 235/15 237/2 243/3 248/8 251/14 158/11 194/16 239/20 241/20 Google [2] 199/4 268/4 256/23 242/9 251/22 256/25 259/20 governed [1] 209/13 happening [1] 11/24 262/15 218/22 289/4 grabbed [1] 45/23 happens [5] 113/23 136/3 181/17 geez [2] 207/19 208/9 graduate [4] 250/8 250/13 251/6 230/22 260/12 general [12] 34/20 52/8 60/25 254/22 hardest [1] 199/9 181/23 217/15 231/12 231/17 granted [1] 131/4 hardly [1] 16/16 232/11 22/19 233/4 273/5 gratification [1] 238/20 hardships [1] 180/10
293/17 .' gravamen [1] 161/6 harken [2] 194/5 262/14 generally ;[3] 191/3 286/23 gravity [1] 24/15 harm [1] 51/6 290/7 Gray [1] 228/11 hat [1] 277/15 generated' [1] 232/22 greater [1] 188/5 hate [1] 78/5 genitalia[1] 238/3 green [1] 210/6 having [26] 7/8 28/23 30/17 genitals t2] 237/20 244/10 greet [1] 154/21 33/16 38/3 58/6 66/20 67/11 gentleman[2] 37/9 75/21 group [3] 67/4 79/23 156/17 74/13 79/15 100/8 143/9 147/20 gentlemerv[19] 179/24 219/20 guarantee [5] 115/21 115/22 150/18 169/5 198/17 199/11 220/10 21/8 221/19 222/6 137/25 146/2 146/15 260/19 262/21 267/18 271/25 222/24 23/6 224/11 225/13 guards [1] 26/9 276/20 276/24 276/25 277/18 228/20 20/11 230/18 231/7 guess [15] 7/6 9/14 12/17 22/13 288/9 236/12 214/17 259/25 261/5 49/5 51/3 72/7 146/5 154/16 He'll [1] 273/23 265/20 164/2 173/23 208/20 226/23 he's [63] 8/14 16/9 26/23 46/21 genuine [1] 190/23 249/9 275/7 48/3 48/4 55/7 55/8 56/19 58/13 genuinelyi.[1] 174/8 guidance [1] 183/12 60/10 61/5 63/21 69/12 73/6 gestures II.] 88/24 guilt [18] 53/9 59/7 64/7 64/19 76/19 77/14 83/4 83/19 89/10 get into t1] 175/6 69/24 71/6 76/14 83/22 83/23 91/25 92/14 105/20 109/15 get that 11] 80/23 84/5 105/16 110/18 185/4 196/10 109/17 110/12 117/18 140/9 gets [10], 229/11 230/13 233/16 207/11 213/22 246/22 247/21 140/14 141/17 142/5 151/8 151/9 235/11 249/23 257/8-259/17 guilty [26] 46/21 48/4 56/19 171/23 172/9 172/18 175/25 313 H 90/18 93/24 95/4 103/23 104/25 164/18 167/18 167/20 168/17 132/24 154/10 161/22 169/17 170/9 170/15 171/20 173/15 he's... [26] 179/6 220/16 224/8 180/4 187/15 210/22 211/22 174/4 175/13 177/11 179/19 224/9 224/18 224/19 225/10 259/19 272/21 294/6 209/20 210/5 210/11 210/16 235/5 240/14 244/5 245/6 249/4 hearsay [10] 5/13 14/4 14/21 263/22 264/21 272/25 274/2 250/10 250/11 250/12 253/8 14/25 22/15 127/7 127/8 127/9 285/7 288/21 291/4 291/15 254/8 254/23 257/4 257/13 127/11 209/23 296/21 297/12 298/25 257/17 285/12 285/14 285/17 hearty [1] 183/15 Honor's [1] 24/7 290/4 29/4 heck [1] 71/14 HONORABLE [1] 1/19 he -said [2] 222/22 260/2 held [3] 168/12 272/17 272/19 hope [7] 32/20 53/22 60/17 head [2] 58/23 243/11 hell [2] 294/17 295/10 202/21 207/23 216/5 272/3 headphones [1] 113/7 Hello [1] 73/23 hopefully [7] 4/9 27/13 62/6 heal [1] 254/20 helped [1] 221/13 79/22 116/22 119/13 269/20 hear [183]. 5/5 6/16 8/16 9/5 helpful [4] 11/18 20/14 204/13 hopes [1] 12/3 11/3 11/3 11/9 17/11 17/21 271/3 hoping [2] 9/16 215/3 17/23 18/3 21/2 24/14 37/20 helping [1] 247/11 horrible [1] 149/23 37/24 49/20 52/5 52/'7 52/9 53/8 helps [1] 130/2 Horsham [1] 43/2 59/5 60/45 61/9 62/2 64/18 Hence [1] 166/22 Horvath [5] 126/20 127/4 127/15 70/24 71/5 71/6 71/7 71/10 herbal [1] 220/21 128/10 135/14 72/11 72/11 72/13 72/15 72/24 here's [5] 162/7 186/11 187/2 hotel [4] 133/20 216/4 262/6 73/3 73/ 73/8 75/4 76/12 76/16 211/22 257/15 264/11 76/24 773 77/6 77/8 78/4 78/5 hereby [1] 301/4 hour [12] 53/25 68/20 75/13 78/17 80 19 82/13 82/16 83/12 Hers [1] 284/15 75/13 152/4 215/7 215/19 215/19 85/8 8542 86/16 89/17 91/15 herself [5] 78/6 221/17 277/12 263/22 263/23 264/10 264/19 91/20 10 /2 103/17 103/18 283/12 283/20 hours [7] 44/20 44/21 222/2 103/19 1 5/2 105/3 106/22 107/4 hesitant [1] 65/23 242/18 248/17 248/17 248/22 107/20 1 8/16 108/25 109/3 hesitate [3] 82/2 82/18 185/24 house [5] 97/7 220/15 220/25 113/4 113/12 121/10 138/15 hesitated [1] 130/22 247/13 247/16 139/24 140/20 141/15 141/20 hesitation [2] 83/20 87/6 housekeeping [2] 160/15 160/16 141/21 1 1/22 148/18 148/18 hey [14] 4/25 24/12 62/10 94/15 how's [1] 5/14 151/14 1 5/20 157/6 157/8 186/16 195/6 206/9 250/5 260/13 however [9] 14/25 15/2 76/15 157/13 1°0/21 163/10 173/13 268/15 279/21 279/24 280/4 96/21 108/4 184/3 237/19 244/10 174/13 1 6/22 177/14.177/18 295/3 246/4 180/16 1 4/17 186/21 189/7 Hi [10] 9/11 53/3 66/16 66/17 Human [1] 97/11 189/25 1 0/2 194/2 196/18 72/5 72/6 73/22 92/6 99/11 hygienic [3] 238/19 244/13 197/19 2 9/21 211/8214/3 166/19 246/6 215/24 240/20 221/9 221/9 222/8 HICKS [4] 2/10 27/8 165/18 hypothetically [1] 108/10 222/25 242/25 223/5 224/5 263/13 224/16 244/25 225/6.225/21 high [2] 151/10 287/5 225/22 225/25 226/14 226/15 higher [1] 266/12 I'd [26] 4/10 7/4 9/12 11/22 226/22 247/8 227/11 229/12 highest [1] 185/25 12/7 12/17 13/19 18/12 24/14 229/14 249/15 229/18 229/22 highlighting [2] 231/15 234/10 25/15 29/24 103/7 119/8 128/6 229/23 240/9 230/12 233/10 highly [2] 118/23 119/11 134/7 144/2 151/5 164/25 205/7 234/12 245/2 235/10 236/3 himself [2] 109/17 254/23 225/9 237/9 255/6 260/9 272/12 237/14 239/14 239/15 239/22 history [4] 150/19 279/5 279/15 280/16 286/12 239/22 210/9 241/19 242/24 300/6 I'll [76] 9/11 10/22 10/24 244/25 215/2 247/3 247/12 hit [2] 222/19 237/11 10/25 16/15 19/14 20/4 24/24 247/13 2 7/24 248/3 248/10 hmm [1] 49/10 25/2 25/5 25/7 30/4 33/11 38/22 248/14 249/16 250/14 250/20 hold [12] 17/3 75/2 85/15 85/15 38/23 42/22 51/6 53/18 58/11 250/22 2 2/8 253/14254/5 254/7 110/17 136/17 181/17 199/20 79/22 87/20 87/21 87/23 110/7 254/17 25/4 257/2 259/17 260/3 212/19 212/20 266/14 294/20 119/22 120/3 120/14 122/19 260/4 260/5 265/8 267/3 267/7 holding [2] 34/24 220/16 124/25 128/7 129/16 138/15 270/4 274/10 273/18 273/24 home [10] 54/11 65/5 74/4 97/11 138/16 139/17 141/6 147/24 279/19 2.95/20 296/6 298/20 168/25 253/21 258/7 268/12 149/9 151/16 152/2 152/5 156/19 299/5 268/13 269/19 157/11 158/11 158/20 160/21 hear him 1] 71/10 homes [2] 221/2 229/10 173/20 177/23 186/18 193/19 heard [61 6/17 12/16 19/17 honest [3] 80/22 201/15 292/22 197/8 213/3 214/17 214/25 219/2 20/7 20/9 23/16 25/22 30/20 Honor [93] 5/16 8/14 11/11 13/6 219/5 222/18 227/22 229/2 44/19 47 23 49/12 51/22 58/25 14/11 15/2 18/16 19/5 19/10 231/22 231/23 233/12 235/18 66/7 71/,3 72/20 81/2 82/9 20/11 29/17 29/20 30/13 32/11 243/24 257/14 259/3 259/14 84/24 85417 87/12 87/16 91/17 32/13 50/19 66/10 70/18 70/25 265/5 265/8 265/12 265/12 92/16 9347 106/23 107/24 109/4 78/19 80/12 81/24 83/16 84/19 278/12 282/24 285/17 293/24 109/6 109/12 116/11 116/12 84/22 88/16 95/17 96/9 96/14 297/22 300/8 116/13 142/16 131/8 132/11 97/22 102/3 102/11 104/23 I'm [300] 5/23 6/6 6/9 7/16 138/23 149/20 139/20 139/22 105/12 107/21 110/7 112/23 7/16 9/21 10/2 10/6 10/7 10/13 147/3 149/23 150/3 153/17 157/3 114/15 115/15 117/25 119/4 14/20 16/7 17/16 17/21 20/18 157/17 13/11 163/11 172/2 119/15 122/8 123/13 124/23 20/18 20/19 21/2 21/7 23/25 193/19 146/7 196/11;196/16 126/10 126/16 127/11 131/14 24/20 24/21 26/21 31/8 33/4 197/3 20/14 210/5 223/13 229/3 132/7 135/13 136/11 139/6 33/5 36/24 38/13 39/9 39/10 248/5 25/24 297/2 140/18 146/23 146/24 148/7 41/7 41/7 42/11 44/5 44/23 hearing [24] 4/24 7/19 27/25 148/10 149/5 151/7 151/15 155/8 45/15 46/21 49/6 49/10 49/24 29/21 3144 31/5 76/18 78/7 158/20 159/24 160/11 160/14 52/4 52/7 52/10 57/17 58/2
gr gr 314 I 196/23 196/24 198/11 206/6 inability [1] 224/13 208/4 211/19 213/5 216/23 inasmuch [1] 169/16 I'm... [295] 60/24 60/25 61/10 228/10 230/3 231/18 243/23 incapable [4] 220/7 220/9 61/22 61423 62/3 62/22 63/16 255/21 271/7 274/16 283/23 244/17 261/19 64/21 64423 65/23 66/6 70/21 284/3 293/25 294/24 294/25 incentive [1] 109/13 70/22 71/15 71/25 74/2 80/15 297/2 inchoate [1] 168/19 81/5 81/17 84/9 84/10 85/9 ice [1] 57/4 incidence [1] 169/5 85/25 8646 87/23 89/13 89/14 idea [5] 24/16 80/22 202/16 inclination [1] 195/6 90/8 90/13 90/21 90/22 91/13 203/10 219/6 inclined [2] 108/5 109/24 91/14 93/7 93/19 94/20 95/8 identification [2] 39/14 42/16 include [2] 184/19 192/9 96/10 96417 97/24 98/6 98/8 identified [1] 168/21 included [1] 126/20 98/15 98421 98/21 99/5 99/20 identifies [2] 276/20 279/7 includes [4] 112/6 112/6 112/7 99/21 99422 99/25 100/14 100/20 identify [4] 43/6 97/16 167/3 160/9 100/23 100/24 101/19 102/22 279/3 including [8] 81/23 111/10 103/17 104/25 107/2 112/17 identifying [3] 43/7 43/8 279/9 169/22 184/21 184/21 199/3 114/25 118/13 120/14 120/15 identity [4] 38/18 43/13 43/15 204/25 271/16 120/20 120/23 122/15 122/18 43/17 inconsistency [2] 140/17 193/16 124/18 125/7 125/9 125/11 imagination [1] 15/7 inconsistent [1] 105/17 125/12 1'5/18 128/3 129/4 129/6 imagine [3] 138/25 178/10 incorporate [3] 166/5 169/17 129/12 1 0/6 130/11 131/10 264/13 170/5 132/14 1 2/17 132/19 133/11 imagined [1] 186/8 incorrectly [2] 188/3 188/3 133/11 143/13 133/25 135/11 immediate [1] 27/17 incredibly [1] 81/14 135/16 1 5/19 136/3 136/3 141/7 immediately [12] 155/25 156/19 incredulous [1] 279/20 141/10 1'1/20 143/12 143/22 158/2 159/15 166/11 182/5 indecent [7] 181/6 220/11 144/15 117/2 147/3 148/3 148/22 188/24 189/9 205/4 239/17 223/24 237/17 244/8 245/24 150/16 193/19 153/23 154/3 268/18 271/19 261/16 154/5 151/8 157/18 157/20 impactful [1] 116/22 independent [3] 187/22 188/6 159/17 1 0/8 160/9 161/5 161/24 impaired [3] 239/6 239/7 241/7 189/22 162/7 16 /19 166/16 167/3 impairment [2] 241/3 241/5 independently [1] 191/9 168/25 1 9/12 171/8172/5 impaneled [1] 158/16 indicate [8] 34/4 58/17 105/20 174/12 1 6/3 176/4 176/9 176/14 impartial [18] 9/24 13/2 21/8 108/16 150/20 167/10 171/10 179/8 17,/13 179/16180/7 28/7 28/12 90/10 103/6 106/12 262/4 184/16 1 6/13 190/15 190/16 110/15 154/15 155/5 158/2 180/8 indicated [22] 5/18 7/12 30/24 191/10 104/10 194/21 196/14 180/13 185/6 191/14 193/24 78/14 94/6 95/25 108/6 108/7 197/11 199/22 202/3 201/15 108/12 111/2 111/7 111/17 202/6 20 /11 203/12 205/13 impartiality [2] 106/5 110/20 111/20 114/9 147/7 147/10 160/2 205/15 2(16/7 206/10 207/20 Impartially [1] 191/24 165/25 166/3 180/6 204/16 271/7 211/22 211/24 212/12 214/22 impeach [6] 18/23 18/24 19/2 indicates [1] 117/17 215/3 215/23 216/9 282/14 289/20 293/3 indicating [5] 10/15 55/7 68/14 216/24 2'7/8 219/9 222/13 impeached [1] 116/3 153/2 299/23 224/20 224/21 229/22 231/12 impeachment [5] 282/15 287/20 indication [2] 147/19 175/18 231/14 242/4 234/7 234/10 287/23 294/3 294/5 individual [6] 15/15 85/13 91/6 237/10 237/12 242/7 247/23 implicate [1] 171/11 165/23 169/22 173/4 249/8 251/0 251/10 251/16 implicit [1] 191/13 individually [4] 64/24 156/9 251/17 22/4 252/15 252/15 importance [2] 185/25 211/6 157/12 197/6 253/9 25/10 253/10 253/11 important [53] 10/12 28/17 individuals [5] 94/22 94/24 262/14 293/11 264/9 265/11 36/19 38/9 41/20 43/25 44/8 236/17 253/15 257/3 265/13 296411 266/25 267/2 54/4 57/14 59/15 62/9 62/12 ineligible [1] 110/12 267/6 263/8 268/8 268/17 269/15 91/3 92/2 114/2 121/15 126/19 infected [2] 123/19 149/22 270/16 212/23 272/25 273/18 126/25 127/6 129/23 132/8 135/5 inferences [1] 207/14 273/24 215/5 275/7 275/9 277/22 138/13 138/19 139/19 167/4 influence [5] 154/25 198/10 277/24 2'8/23 279/21 280/25 180/9 180/19 180/23 186/11 202/14 205/25 267/15 281/2 28/14 281/19 282/11 191/12 195/20 196/18 200/12 influenced [1] 187/25 282/21 214/13 285/6 285/7 203/13 208/2 208/14 208/16 information [45] 15/14 16/8 286/20 2,7/6 288/16 289/2 209/3 209/18 210/15 212/21 24/23 42/7 42/20 42/25 43/7 289/11 219/12 289/14 289/22 214/2 216/20 217/8 218/22 43/8 43/9 44/14 103/5 116/10 290/25 2 1/18 293/23 294/6 228/14 228/15 228/25 240/20 129/15 136/24 173/13 181/4 294/16 204/23 295/2 296/6 244/19 268/23 289/24 181/9 198/2 198/10 198/12 296/13 296/14 296/25 297/3 importantly [6] 42/21 113/25 198/15 199/2 202/14 202/23 297/13 297/16 297/24 297/25 117/13 150/24 195/13 196/19 204/4 204/5 204/7 204/8 204/10 298/3 294/6 299/11 299/14 Imposed [1] 122/25 205/20 205/20 205/25 206/22 299/22 30/2 300/7 imposing [1] 156/21 216/16 230/14 232/22 233/8 I've [65]' 7/15 11/8 11/8 19/6 impossibility [1] 185/20 267/15 267/16 268/2 268/20 23/16 38,14 53/17 62/22 66/5 impossible [2] 110/21 194/8 270/5 270/18 270/20 271/2 80/18 81 6 81/9 82/7 82/9 82/10 impression [2] 110/22 135/16 infraction [1] 196/23 84/5 91/11 100/19 101/5 101/14 imprisonment [2] 204/22 271/14 initial [1] 106/19 116/18 122/16 124/17 124/19 improper [5] 16/22 105/15 initially [4] 108/12 137/21 126/14 190/7 131/10 135/25 130/22 148/14 205/24 144/22 145/11 136/4 139/23 143/13 147/3 improperly [2] 82/24 205/2 initiated [1] 87/2 147/23 190/10 151/24 160/2 in-camera [9] 4/23 7/19 12/8 innocence [10] 53/9 59/7 64/7 163/11 193/11 164/22 166/3 29/21 31/4 154/10 265/5 265/7 64/19 69/24 76/14 110/18 185/21 166/7 110/9 176/16 183/23 272/21 196/10 207/12 315 I investigation [15] 16/18 18/20 246/20 269/17 294/21 18/24 22/3 96/12 97/14 98/8 judges [4] 26/7 184/7 192/3 innocent 14] 181/12 182/22 98/24 98/25 229/14 230/19 192/7 185/2 185/5 230/21 270/7 281/7 284/2 judging [1] 151/19 innocuous[1] 71/12 investigations [1] 202/24 judgment [4] 180/21 192/11 inquire [10] 6/10 6/12 27/22 investigator [25] 13/19 14/3 198/16 267/16 29/3 115/10 122/24 126/16 138/7 22/16 78/5 86/21 100/10 115/10 judicial [4] 26/4 204/18 265/20 153/13 209/8 122/12 128/11 128/23 131/24 271/8 inquired /3] 60/9 132/22 265/21 135/4 136/8 137/6 138/12 139/3 July [4] 224/7 230/16 230/16 inquiriesAl] 156/22 140/7 140/21 141/8 141/11 233/8 inquiring[1] 56/21 141/15 142/20 147/13 147/15 July 26th [1] 224/7 inquiry [9] 20/3 21/6 21/20 151/20 jump [1] 231/4 21/24 29/11 92/23 110/4 116/21 investigators [3] 99/19 129/15 jumped [1] 251/10 149/15 g 136/20 jurisdiction [1] 229/9 inside [31 166/7 198/11 205/25 invitation [1] 282/19 juror [183] 4/14 4/21 6/10 6/12 insist [1]: 81/12 invite [1] 161/10 7/7 7/9 9/23 10/9 12/20 12/20 insisting[2] 9/17 131/23 invited [1] 254/23 13/7 15/4 17/18 18/5 18/6 27/23 instance /3] 190/22 194/9 invokes [1] 107/18 28/2 29/2 29/3 29/11 29/12 292/12 involve [3] 269/3 284/10 293/7 29/12 29/13 30/21 30/25 32/14 instead [S] 87/7 119/21 185/11 involved [8] 147/15 169/17 32/21 33/16 34/7 34/10 35/3 instruct :4] 189/11 193/18 187/13 199/23 212/21 227/5 35/18 37/11 38/10 39/2 39/12 235/4 231/12 230/17 269/24 42/15 43/6 46/14 46/15 50/15 instructing [1] 166/8 involves [2] 12/20 90/17 52/24 54/16 54/18 54/21 58/6 instructs n [17] 105/16 155/9 involving [2] 93/16 277/24 60/6 60/19 62/7 62/20 63/20 155/10 1 7/4 157/10 166/2 issue [23] 5/25 6/23 11/16 65/7 65/18 65/24 66/14 67/11 173/19 1 ! 4/14 177/24 184/17 19/13 28/16 30/8 56/7 84/16 69/10 70/16 72/3 73/19 73/20 194/20 105/20 204/19 205/13 91/4 113/25 114/16 123/18 73/24 74/13 77/25 78/20 78/23 205/16 27/24 271/10 126/15 135/22 162/18 163/2 79/5 79/15 79/25 81/25 82/13 instructi:Ins [35] 65/5 111/5 172/2 237/24 264/6 272/13 82/24 83/14 84/16 84/23 84/24 155/13 157/8 169/13 170/3 174/3 274/15 293/21 294/10 85/16 89/13 90/17 90/19 91/4 180/15 113/10 183/18 183/23 issued [1] 165/21 92/4 92/13 92/22 93/3 93/6 93/8 183/25 1 4/16 184/18 184/19 issues [10] 12/10 15/4 28/12 93/15 94/5 95/10 95/13 95/16 184/20 106/18 187/3 193/20 29/24 51/15 81/14 97/3 133/20 96/12 96/16 99/8 101/6 103/14 194/15 104/16 196/20 198/6 146/6 216/5 103/19 104/17 104/18 104/21 202/11 20/12 205/15 214/13 it'll [1] 161/20 105/4 105/5 105/13 106/5 107/14 216/25 262/16 265/13 itself [1] 152/22 107/19 107/25 108/4 108/5 267/2 26/5 267/12 272/2 J 108/11 108/18 109/9 109/15 instructive [2] 118/16 118/19 109/23 109/25 110/3 110/3 intelligent [1] 30/7 jackets [2] 266/10 266/18 110/12 110/21 111/16 111/19 intend [31 155/15 162/20 218/3 JAMES [24] 2/11 4/6 27/8 31/23 112/18 113/22 114/17 114/21 intended 13] 171/3 209/6 238/24 80/9 117/6 122/4 122/11 127/19 115/4 115/4 115/17 117/20 118/3 intent [21 99/2 190/20 128/10 128/25 131/24 132/24 118/8 118/9 119/13 121/8 121/9 intentions[1] 274/10 134/25 135/7 136/5 141/8 143/4 126/24 127/20 127/23 130/17 intercourse [3] 223/25 224/9 147/20 151/21 152/15 161/11 130/18 130/21 131/12 137/25
238/24 ' 165/18 263/12 138/21 140/23 143/19 144/5 interest 17] 105/23'120/12 January [7] 173/6 219/25 226/3 147/21 149/12 149/14 149/21 149/19 103/5 225/8 225/11 229/4 234/15 261/17 276/17 151/2 156/13 158/2 165/24 232/16 January 22nd [1] 276/17 168/21 168/21 168/23 169/4 intereste [6] 21/7 90/6 96/11 JASON [5] 2/10 13/13 32/14 169/20 180/8 187/11 188/9 188/9 153/23 27/5 250/6 33/21 54/8 191/14 193/24 195/11 199/3 interests [3] 186/2 232/12 JAYA [1] 2/12 200/3 204/7 204/9 204/12 204/15
233/5 iii jest [2] 62/8 62/10 204/23 206/9 216/8 268/3 271/2 interferei [1] 187/14 job [3] 180/2 223/11 223/17 271/5 271/5 271/14 271/21 intermittent [1] 244/20 jobs [1] 206/20 juror's [3] 93/9 110/20 188/5 internal [1] 200/13 joke [1] 88/2 jurors [96] 12/4 12/6 19/25 internally [2] 156/25 195/21 joking [5] 46/23 59/9 59/9 20/8 21/10 25/14 25/21 26/4 internet /4] 201/4 203/3 270/5 131/16 251/25 28/5 28/7 28/9 28/13 28/16 270/9 jolted [1] 221/16 35/14 59/18 59/24 62/23 71/13 interpretntions [1] 209/15 Jon [5] 224/4 231/10 232/3 78/10 78/15 78/16 82/9 89/16 interrupt[3] 89/9 89/11 90/24 251/8 254/10 89/16 93/16 100/4 102/8 103/3 interrupted [1] 175/7 JONATHAN [2] 2/16 250/17 106/16 106/17 106/21 106/21 interviewA7] 83/11 103/2 103/3 JR [3] 1/8 2/9 30/17 107/4 109/4 109/5 109/11 109/18 108/3 10/13 128/5 259/21 judge [47] 1/19 30/23 30/25 111/15 113/3 113/5 113/5 113/7 interviewed [4] 45/7 45/10 84/6 36/5 55/24 65/12 68/4 68/18 114/5 116/23 116/25 117/10
194/17 S, 73/15 74/25 75/12 75/16 90/11 121/11 121/12 121/13 121/17 interviews [3] 28/15 165/23 90/16 91/5 114/8 125/13 133/6 122/17 122/24 123/2 123/6 283/19 134/11 138/2 162/22 163/6 124/20 125/16 133/10 133/12 intoxicant [2] 237/18 244/2 170/10 178/4 178/11 180/25 138/7 141/18 142/14 149/13 intoxicants [1] 239/9 183/21 184/3 186/17 195/13 150/5 150/13 150/20 150/24 introduce11 224/6 197/7 204/6 206/9 207/17 222/14 153/9 154/13 154/13 155/11 investigate [1] 151/5 223/9 226/8 227/21 228/19 156/25 157/14 158/6 159/8 investigating [2] 229/19 279/24 230/17 233/9 235/4 237/11 241/9 159/15 165/24 167/11 167/12
i 316 J 221/8 221/19 222/6 222/24 223/5 letters [2] 108/20 153/24 224/11 225/13 228/20 230/11 letting [1] 41/25 jurors..., [18] 167/23 169/18 230/18 231/7 236/12 244/17 level [5] 34/2 113/19 153/12 169/23 180/23 181/22 183/14 259/25 261/5 265/19 160/4 166/24 183/18 184/7 188/2 189/20 lady [12] 37/4 37/4 37/6 37/7 liability [1] 231/25 190/13 192/19 195/14 198/12 47/16 49/17 59/2 64/3 224/18 lie [4] 99/25 109/13 242/16 216/13 216/16 271/13 271/25 227/10 236/3 248/3 245/13 jurors' [1] 188/4 laid [1] 26/3 lied [4] 151/21 283/25 284/3 jury [60] 1/10 1/20 11/22 13/2 LANE [1] 2/9 289/3 28/12 34/15 36/10 50/21 53/6 language [1] 41/20 lies [1] 230/15 54/23 55/10 82/15 90/21 101/17 large [5] 26/6 50/21 51/3 51/6 life [5] 62/25 100/16 151/8 103/12 103/25 105/11 105/23 117/11 193/2 222/10 106/6 10d/12 110/25 123/18 largest [1] 26/10 light [6] 118/24 193/17 210/6 129/5 14?/6 155/5 158/15 159/13 Las [1] 147/12 210/14 210/16 210/17 160/22 166/2 166/9 166/17 Lasha [1] 299/2 liked [1] 8/2 166/18 166/22 168/4 168/7 last [22] 5/22 49/4 49/5 49/12 likely [4] 154/2 174/10 184/15 169/12 172/23 173/13 179/24 58/11 77/11 100/6 138/15 151/18 201/24 180/18 188/23 190/5 195/3 196/5 154/19 163/22 245/24 253/19 liking [1] 238/24 197/2 200/11 203/24 204/23 264/2 265/6 268/23 275/8 279/8 limit [1] 294/17 205/21 2,3/23 214/9 222/6 223/6 279/25 280/21 281/6 287/18 Limitations [4] 230/24 231/3 263/3 26/5 264/3 264/9 265/12 late [2] 63/7 176/10 234/17 234/23 265/17 42/6 later [8] 44/21 103/24 182/5 limited [2] 199/3 236/10 jury's [4 180/4 213/20 240/6 242/2 244/5 249/4 252/3 limits [1] 277/4 just gol.n4 [1] 285/8 law [55] 19/18 19/23 85/25 lines [7] 110/11 111/2 236/22 justice [/] 180/24 261/14 113/14 113/14 116/20 125/21 240/10 250/9 253/12 259/18 K 150/19 154/20 168/8 170/18 list [2] 178/24 273/11 172/21 173/12 173/13 174/16 listed [1] 97/10 KATHLEEN p.] 2/10 174/18 174/18 174/19 175/3 listen [31] 89/23 113/7 190/17 keep [36] 5/23 7/17 12/25 32/9 175/6 175/8 175/9 175/9 175/10 191/7 198/20 201/2 208/25 218/6 32/25 68119 75/16 90/9 101/6 182/21 183/8 183/11 183/22 219/12 227/13 228/19 240/20 102/24 110/2 136/4 176/4 205/9 183/25 184/10 184/17 184/22 244/21 246/9 246/10 246/16 215/14 24/23 228/6 234/21 184/25 193/4 195/12 196/19 247/6 248/7 251/15 253/4 255/11 251/8 251/8 251/8 251/9 254/10 196/20 197/11 198/5 203/4 256/22 260/8 260/15 260/15 258/7 260/9 260/10 264/24 207/19 227/22 235/4 237/9 261/6 262/24 267/19 272/24 264/25 266/21 269/25 274/19 237/12 238/19 244/13 246/6 284/25 296/6 286/6 28/15 291/2 298/5 299/7 246/20 270/10 277/16 278/24 listened [1] 196/15 keeping ] 164/11 193/25 290/14 299/14 299/25 listener [3] 14/11 127/11 keeps [1];i 221/7 lawyer [3] 98/23 254/14 257/4 127/13 kept [5] 8/2 67/25 68/15 86/4 lawyers [7] 49/25 125/4 207/20 listening [14] 38/2 69/17 216/23 208/21 208/23 212/21 257/5 191/17 199/21 208/13 213/20 KEVIN [1], 2/5 lay [1] 110/22 214/3 222/22 225/14 228/21 key [1] 184/4 laying [1] 121/2 241/11 246/15 259/18 272/25 kidding [4] 10/18 10/18 20/3 lead [4] 87/13 105/11 198/17 literally [1] 4/11 63/20 t 267/17 litigation [5] 232/17 232/23 kiddingly1] 199/24 leading [5] 60/23 61/16 208/24 232/25 233/25 234/5 kind [28]2 19/22 28/12 42/11 219/18 235/16 lived [1] 171/2 49/25 52/6 68/15 70/9 72/7 72/8 leads [1] 220/5 lives [2] 150/14 297/15 74/9 10143 104/19 106/10 leaning [1] 38/4 loaded [1] 281/5 116/20 l9/25 151/5 162/6 learn [2] 232/19 243/11 local [6] 137/5 139/9 140/7 162/15 166/24 173/21 185/19 learned [2] 24/11 147/19 141/8 202/3 215/10 190/10 193/10 199/11 230/5 least [34] 4/9 4/17 4/18 5/18 location [1] 36/10 243/17 251/17 269/17 8/24 9/10 9/18 12/9 14/3 22/15 locked [1] 188/20 kinds [2] 65/24 251/4 25/6 30/8 42/19 71/16 81/18 longer [5] 46/2 172/11 216/4 King [5] 7!,40/9 40/24 137/13 82/14 89/9 89/12 90/22 101/25 228/11 262/6 144/14 145/13 126/19 127/20 135/7 135/15 Los [1] 255/7 kitchen [1] 243/4 149/21 150/4 161/18 201/13 lose [1] 109/21 Kivitz [11 232/8 216/21 227/5 257/2 264/5 264/18 lot [32] 16/24 46/4 55/19 57/13 knew [6] 23/2 43/10 43/12 53/10 273/24 60/9 66/25 74/25 79/9 119/24 241/2 245/18 leave [6] 24/8 37/13 99/4 149/24 167/7 180/7 189/9 197/19 knowing [4] 30/7 174/2 189/19 139/25 159/4 188/17 200/3 205/14 209/16 212/18 265/25 leaves [2] 222/5 254/6 215/12 215/13 217/9 222/8 knowledge:;[5] 24/23 42/7 44/13 leaving [5] 247/10 247/18 283/9 222/10 236/14 239/14 268/13 193/14 259/9 283/9 285/17 268/15 283/22 290/15 290/17 known [5]( 36/10 38/10 98/12 led [3] 123/13 220/7 230/19 294/25 300/8 192/18 257/20 left [9] 43/22 43/24 50/21 lots [6] 67/22 209/14 209/14 knows [7]'; 87/16 109/15 239/19 52/10 53/6 54/17 70/11 229/5 209/24 227/8 227/9 246/23 246/23 259/21 259/22 250/13 love [2] 164/25 200/2 KRISTEN [1] 2/6 legal [2] 198/6 267/12 loved [5] 203/16 203/18 262/22 L lengthy [2] 190/22 231/13 268/13 268/17 less [2] 116/22 188/8 luck [1] 272/2 lack [3] 0.86/5 245/24 245/25 letter [6] 4/17 101/24 172/21 lunch [22] 44/25 45/5 45/13 ladies [18] 179/24 219/20 220/9 173/12 254/21 299/14 45/15 45/16 45/21 46/2 56/7 317 L 127/14 159/11 213/12 216/22 271/3 271/21 273/6 286/5 286/6 225/3 234/15 235/13 260/24 293/12 lunch... [14] 68/23 68/25 75/24 275/24 279/24 280/10 mind [11] 59/18 102/24 119/3 129/5 133/18 133/19 141/16 meanings [1] 189/17 193/25 211/4 214/11 242/17 141/18 142/10 142/15 152/4 means [21] 11/23 11/23 30/22 245/13 260/9 260/10 286/15 199/11 215/15 215/19 42/18 59/9 128/6 159/12 183/15 minds [3] 191/9 196/9 210/17 luncheon [1] 188/19 186/13 190/21 200/3 202/22 mine [1] 228/10 lying [3] 46/5 117/17 291/5 206/10 210/7 214/7 218/8 255/15 minimum [1] 264/18 M 261/2 266/3 271/24 298/23 minute [8] 24/10 45/18 192/25 meant [8] 41/16 62/8 101/5 219/2 230/13 252/20 264/2 268/9 ma'am [1]i 32/18 126/14 153/3 209/5 292/11 minutes [6] 156/7 215/20 248/22 magazines[1] 201/3 295/25 248/23 287/18 296/19 mail [17]; 80/14 120/25 121/4 measure [1] 36/19 misconduct [5] 90/18 90/20 121/21 152/22 152/22 152/23 measured [1] 36/18 103/14 103/20 118/5 152/24 152/25 153/22 153/25 media [5] 157/17 199/5 231/19 misdemeanor [2] 18/19 18/23 154/6 198/25 252/15 259/6 259/7 232/13 268/5 missed [1] 65/21 267/25 Media's [2] 232/12 232/16 missing [1] 281/16 mailed [41 40/17 137/11 137/12 Medics [1] 233/3 mission [3] 33/2 61/22 293/20 144/13 medical [3] 238/18 244/13 246/6 misspoken [1] 113/2 mails [1]''.1.: 203/11 medication [1] 259/8 mistake [3] 235/3 235/13 237/3 maintain 4] 11/25 12/2 105/13 meet [13] 19/13 25/13 115/15 mistaken [1] 235/15 129/9 144/6 144/11 144/14 144/20 Mister [2] 82/5 264/2 major [1]L 30/11 145/6 146/9 157/11 219/24 251/5 mistrial [29] 102/6 102/7 102/8 majority i1] 113/17 253/23 103/9 103/12 104/5 104/6 104/8 makes [6]- 125/19 150/7 151/18 meeting [4] 215/17 251/6 251/18 104/21 105/6 107/7 112/14 181/2 229/23 294/12 257/19 112/14 112/20 113/24 117/21 making [271 6/7 9/21 16/23 member [2] 188/21 200/16 117/23 118/11 119/7 158/15 20/16 20/20 20/21 57/2 63/21 members [9] 93/17 180/18 199/7 159/12 160/4 160/10 164/16 70/3 76/24 87/18 93/6 117/23 199/10 199/13 200/6 200/11 164/19 168/18 168/19 169/6 121/8 122/15 123/25 126/18 268/7 268/7 170/2 126/23 1i0/5 130/6 130/11 memories [1] 236/11 misunderstanding [1] 174/17 153/15 171/8 191/18 194/19 memory [7] 36/25 182/15 187/20 misunderstood [1] 139/15 220/8 280/6 187/21 188/6 189/21 193/12 mix [2] 296/16 296/16 maladroitI[1] 158/14 Memphis [1] 37/5 Mm [1] 49/10 male [13] 173/4 274/4 274/19 men [3] 172/23 192/24 193/2 Mm-hmm [1] 49/10 275/14 276/19 282/5 282/7 283/8 mention [4] 53/7 59/5 192/21 modeling [1] 236/6 285/15 286/16 287/21 294/22 297/6 mom [2] 239/23 248/14
295/7 1; mentioned [5] 96/15 108/19 moment [13] 50/20 52/9 52/10 manner [2] 46/23 193/9 217/4 231/18 233/7 53/5 53/6 78/18 177/20 195/4 manufactuXed [1] 186/9 mentor [1] 236/8 195/16 195/17 195/17 225/19 mark [2] :39/9 39/10 mentoring [4] 235/20 235/22 231/22 marked [3; 39/13 42/15 143/13 235/23 235/25 Monday [1] 1/13 maroon [11 64/3 menus [1] 215/16 money [3] 255/16 255/24 256/2 marriage fl] 175/14 mere [2] 110/17 185/2 MONTGOMERY [6] 1/3 1/16 2/17 married [] 170/21 173/9 merely [1] 153/3 36/11 97/9 229/15 marshalling [1] 34/15 merits [1] 234/3 moral [1] 202/13 Martin [1; 231/18 MESERENG [30] 2/9 4/5 17/11 morning [11] 25/13 49/13 112/4 Marty [3]i 254/14 255/2 255/7 27/7 31/22 80/8 103/24 115/6 119/19 150/3 166/3 200/22 222/2 massage [g] 250/15 250/16 116/13 117/7 120/10 122/9 265/4 271/23 298/6 massive [1'] 266/19 123/20 124/10 143/3 149/16 Morris [1] 253/17 matches [ ,] 227/15 152/14 153/25 154/12 165/17 mother [12] 224/18 224/23 238/5 material 1] 282/15 170/14 171/24 173/22 174/8 238/14 248/2 248/11 253/22 materials3[1] 188/15 263/12 263/16 272/9 273/11 254/14 254/18 256/18 256/20 mathematical [1] 185/19 273/19 273/25 258/21 matter [18] 9/24 51/23 79/8 Mesereau's [1] 4/17 motion [64] 5/10 5/17 5/17 7/6 84/9 84/10 86/10 108/24 109/3 mess [2] 48/15 99/20 27/16 27/20 28/19 29/9 30/21 130/14 130/19 178/4 185/25 message [6] 43/22 43/24 44/3 84/15 86/2 100/3 102/23 103/20 192/13 295/6 232/21 233/25 145/11 198/25 267/25 103/21 103/22 104/6 104/12 259/2 messages [1] 145/16 104/16 104/21 105/6 117/20 matters [ ] 193/14 196/2 202/21 met [9] 7/11 40/10 40/16 137/13 117/21 117/23 118/4 119/9 203/5 20 /22 209/8 211/18 167/6 174/13 184/12 213/13 119/10 127/22 135/22 136/2 211/22 214/24 248/11 138/5 153/20 154/9 158/15 maybe [26; 11/12 11/12 25/7 Miami [2] 253/24 254/2 158/22 158/23 159/11 159/12 41/19 64/16 78/14 91/25 106/10 middle [1] 210/24 159/12 159/24 160/8 160/18 108/21 113/6 199/11 207/17 might [40] 10/17 38/18 44/3 160/23 161/3 161/6 161/13 207/19 215/4 234/20237/24 50/3 50/3 62/4 63/20 64/15 164/15 164/19 165/5 168/15 257/3 263/23 266/13 269/14 65/11 73/14 94/16 94/17 99/22 168/18 169/5 169/12 169/18 279/17 280/24 282/6 282/8 286/7 99/25 105/9 113/9 142/16 149/2 169/20 170/2 171/20 176/7 289/11 157/5 157/13 186/16 192/22 232/24 272/22 273/2 273/6 298/8 MCMonagle[1] 297/8 193/6 193/11 197/25 198/8 298/18 meaning [19] 12/23 13/25 27/25 201/23 203/19 204/12 208/8 motions [6] 28/22 119/14 154/4 43/9 82/?3 84/5 86/19 87/10 210/24 212/16 213/18 267/13 162/12 164/16 265/15 318 M 127/4 127/19 128/10 128/10 281/23 284/21 290/18 290/18 128/25 131/24 132/24 135/7 293/23 294/8 motive (5) 81/20 94/6 94/16 135/14 136/5 141/8 143/4 147/20 needed [2] 101/15 144/11 94/17 96/19 151/21 152/15 161/11 165/16 needle [1] 299/10 motives [1] 151/24 165/18 173/5 176/4 263/11 needs [11] 7/21 21/9 26/23 moved [2];- 47/8 229/6 263/12 264/15 282/18 288/25 50/18 113/21 127/24 146/22 moving [3] 54/8 77/22 103/9 289/6 292/6 160/7 167/6 189/21 289/18 Mr [80] 3/4 4/4 4/5 7/13 12/16 Ms. Bliss [4] 18/22 90/8 91/3 negative [1] 93/10 18/18 26/22 27/6 27/6 27/7 27/7 115/6 negativity [1] 49/12 27/7 29/23 30/15 31/17 31/21 Ms. Constand's [1] 173/5 neither [2] 172/19 188/21 31/21 31/22 31/22 49/21 50/22 Ms. Peden [5] 176/4 282/18 nervous [1] 240/15 54/16 58/19 59/7 64/19 71/15 288/25 289/6 292/6 neutral [2] 98/5 98/13 71/21 72124 76/15 77/9 80/7 Ms. Gibbons -Peden [3] 4/4 Nevada [1] 136/15 80/7 80/0 80/8 81/20 96/12 165/16 263/11 never [24] 23/16 38/15 41/24 115/6 120/10 122/9 124/10 Ms. Horvath [4] 126/20 127/4 56/23 80/22 104/2 122/22 123/4 136/13 142/19 143/2 143/2 143/3 128/10 135/14 140/13 153/17 171/5 204/2 143/3 147/10 148/5 149/16 Ms. James [18] 117/6 122/4 206/20 211/11 213/17 213/19 151/14 152/13 152/13 152/14 122/11 127/19 128/10 128/25 218/8 218/16 224/8 224/10 152/14 1 3/25 154/2 154/12 131/24 132/24 135/7 136/5 141/8 224/10 238/23 255/21 294/24 165/16 1 5/16 165/17 165/18 143/4 147/20 151/21 152/15 news [7] 49/11 75/4 201/11 168/24 1 0/14 171/24 173/22 161/11 165/18 263/12 201/20 202/2 204/6 270/19 178/17 2_3/10 263/10 263/11 Ms. Vlcario [1] 264/15 newspaper [2] 201/22 202/3 263/12 213/16 272/10 273/11 music [1] 236/5 newspapers [2] 201/3 270/4 273/18 23/25 274/12 275/11 musical [1] 236/6 nice [1] 37/3 289/2 291/5 295/14 must [23] 125/20 139/12 175/20 night [6] 5/22 226/3 238/6 Mr. [48] 4/4 4/5 4/17 17/11 181/16 184/23 185/18 185/20 261/17 272/3 299/8 33/21 4014 49/25 53/9 64/7 186/4 186/7 192/9 197/25 198/19 nobody [10] 47/4 47/6 48/5 48/7 65/20 91'8 100/16 103/24 114/21 200/8 204/2 204/14 207/6 208/10 51/10 53/12 70/10 78/7 142/4 114/23 1 5/2 115/6 115/15 116/9 211/18 214/15 241/2 267/13 116/13 1 7/7 122/11 123/20 267/18 271/4 nobody's [1] 199/20 126/20 1 8/22 132/15 132/21 myself [3] 154/19 205/22 242/16 Nods [4] 54/6 55/12 57/16 68/21 133/8 13 /15 136/10 136/11 N non [5] 29/12 60/20 85/23 90/19 136/15 1 6/19 136/22 137/18 91/5 139/7 14 /16 143/7 147/21 naked [1] 238/24 non -adversarial [1] 91/5 162/25 1 5/17 174/8 254/16 named [6] 219/19 219/24 224/18 non -selected [1] 29/12 263/12 242/91 280/20289/11 226/14 231/7 248/3 non -sworn [1] 60/20 297/8 7 names [7] 99/21 120/4 273/11 none [8] 88/24 89/3 109/4 109/5 Mr. Beasley [4] 126/20 135/15 297/19 297/23 298/3 298/4 165/24 169/14 169/23 192/6 136/11 16/15 narrow [1] 136/4 nonjurors [1] 103/2 Mr. Cosbyl[1] 53/9 natural [1] 195/6 Nope [2] 47/5 178/14 Mr. Cosbyle [1] 64/7 nature [6] 13/18 161/14 172/24 nor [3] 185/19 186/8 207/8 Mr. Donoghue [7] 40/14 49/25 201/5 279/12 287/3 normal [2] 70/9 195/2 100/16 128/22 132/15 132/21 near [1] 35/4 normally [1] 262/7
133/8 .4 necessarily [3] 217/22 280/23 Norristown [1] 1/17 Mr. Jason[1] 33/21 290/10 not [471] Mr. McMongle [1] 297/8 necessary [10] 31/16 109/21 note [5] 39/11 186/14 187/3 Mr. Meserau [10] 4/5 17/11 124/5 147/18 156/24 165/22 187/14 297/22 103/24 1%6/13 117/7 123/20 170/3 177/8 180/13 266/22 note -taking [2] 187/3 187/14 165/17 174/8 263/12 272/9 need [112] 4/19 5/5 6/8 6/15 noted [1] 162/25 Mr. Mesereau's [1] 4/17 6/18 7/5 12/16 13/10 17/24 20/8 notepad [1] 191/4 Mr. Ross /13] 114/21 114/23 20/10 21/8 29/7 31/15 33/24 notepads [3] 186/14 186/24 115/2 11 /15 116/9 136/10 34/3 40/23 50/2 50/10 50/11 187/4 136/19 136/22 137/18 139/7 50/11 51/22 54/5 57/12 60/18 notes [24] 35/22 186/12 186/15 142/16 143/7 147/21 65/22 66/3 67/2 78/4 78/5 78/9 187/5 187/6 187/7 187/10 187/18 Mr. Ryan S3] 91/8 280/20 289/11 91/23 92/25 94/5 101/2 102/5 187/21 187/24 187/25 188/4 Mr. Singer [1] 254/16 103/23 103/23 107/11 115/2 188/7 188/10 188/12 188/13 Mr. Steele [1] 4/4 123/17 123/23 124/18 125/23 188/13 188/19 188/20 188/22 Mr. Vines[4] 65/20 115/6 125/23 127/17 127/19 132/9 188/24 189/2 191/4 301/6 122/11 112/25 132/15 132/21 132/25 132/25 nothing [24] 16/19 21/6 24/11 Mrs. [3] 1,171/2 255/6 274/3 133/3 133/7 133/15 134/14 49/19 52/2 73/9 73/10 91/2 Mrs. Constand [3] 171/2 255/6 134/15 134/18 134/25 135/9 135/21 150/18 153/11 171/10 274/3 136/4 138/9 138/20 138/21 172/17 176/11 176/12 176/13 Ms [35] 4/5 4/5 18/17 27/6 27/7 139/23 140/20 141/16 148/4 273/20 284/11 286/18 292/13 27/8 27/8 27/8 31/21 31/22 148/19 148/24 153/7 154/22 296/8 297/5 297/5 297/8 31/22 80/7 80/8 80/8 118/13 154/23 155/6 158/16 159/5 160/5 notice [5] 216/21 268/22 271/13 122/6 127/15 131/4 134/25 143/2 169/13 176/25 177/14 177/18 273/15 273/16 143/3 152/13 152/14 165/17 183/12 186/22 186/23 201/22 notify [1] 203/12 165/18 115/18 263/12 263/13 202/18 203/15 205/9 205/9 212/4 notion [2] 110/11 110/17 263/13 272/10 272/11 272/23 214/24 215/9 216/12 219/10 numbers [2] 38/19 121/9 289/8 299/20 291/3 235/7 262/11 264/24 266/9 numerous [1] 110/15 Ms. [36] i4/4 18/22 90/8 91/3 266/11 268/17 269/4 272/12 115/6 117/6 122/4 122/11 126/20 278/12 278/23 279/19 281/21 0 O'NEILL [1] 1/19 319 0 229/17 229/18 230/19 273/4 198/20 232/13 232/16 235/10 officer [2] 135/8 151/21 236/2 260/15 267/20 oath [6112 6/12 6/13 22/6 24/21 officers [3] 172/12 179/9 otherwise [4] 111/8 114/6 24/22 33/5 41/8 41/16 41/17 179/11 204/18 271/9 42/3 44/12 58/2 58/3 58/10 66/5 official [5] 1/16 191/6 204/6 ought [1] 190/10 66/8 74/9 74/10 78/21 79/2 270/19 301/10 ourselves [1] 95/21 79/10 83/8 84/25 85/18 87/22 older [2] 37/6 37/7 outcome [2] 193/6 232/17 92/10 93/2 93/15 98/25 102/17 on -demand [1] 190/13 outline [2] 182/2 217/15 103/6 100/3 117/13 128/20 130/6 ones [14] 10/14 17/6 17/9 67/25 outlined [3] 60/12 80/14 119/17 130/8 130/2 138/20 140/14 155/4 80/20 85/21 94/15 107/17 155/25 outlining [1] 182/4 156/13 158/9 164/22 167/13 161/18 203/16 209/25 243/25 outside [18] 154/25 156/24 167/22 182/18 183/16 191/12 262/13 157/14 166/7 180/3 195/3 195/23 191/13 194/5 194/7 195/10 ongoing [2] 97/13 98/25 198/2 198/10 198/15 200/20 201/18 24'1/6 213/17 228/10 open [32] 8/15 8/19 8/21 9/19 202/14 205/25 206/22 257/14 228/12 262/19 268/11 271/6 16/18 17/5 17/7 17/8 17/10 267/15 267/15 271/22 280/7 17/12 17/15 18/20 18/24 23/15 outstanding [1] 272/22 oaths [2]t 67/2 206/17 23/18 23/20 27/5 29/10 29/21 overall [3] 64/25 103/4 103/18 object [8] 102/12 110/4 149/14 62/4 62/4 147/9 156/17 164/3 overflow [1] 11/19 174/11 174/12 177/3 177/10 164/13 165/3 165/15 193/25 overheard [2] 45/9 82/2 282/2 260/9 260/10 263/9 263/16 overly [1] 187/25 objected (1] 210/23 open-ended [2] 62/4 62/4 overruled [3] 210/4 210/6 210/6 objecting [1] 281/17 opened [2] 62/2 148/3 P objection;[36] 12/23 30/10 31/3 opened -ended [1] 62/2 31/3 31/6 101/19 110/2 134/16 opening [47] 3/4 27/13 121/17 p.m [7] 152/8 152/9 263/5 263/8 134/17 1f5/23 147/11 162/10 147/9 157/7 157/9 161/2 164/8 265/17 272/6 300/14 163/19 1 4/6 173/17 174/13 171/25 172/7 172/16 173/18 pack [1] 243/12 177/9 17 /20 197/16 209/20 173/20 176/8 176/11 180/15 packet [1] 259/11 209/21 2'0/5 210/7 210/9 210/11 181/25 182/7 182/8 182/9 186/20 Page [2] 3/3 114/13 210/16 2 0/23 211/9'211/14 186/21 196/14 214/19 215/23 Page 934 [1] 114/13 211/19 2;1/25 212/3 212/6 216/25 217/5 217/9 217/11 paid [2] 231/9 233/20 212/10 212/15 289/7 217/24 218/4 218/14 219/4 219/9 palpable [1] 114/7 objectiongble [1] 211/2 219/12 219/14 230/19 230/21 panel [7] 34/9 55/16 93/17 objection4 [8] 197/17 197/21 262/16 262/24 263/18 264/6 107/20 110/3 112/22 123/2 209/17 21/17 211/25 218/13 264/7 265/4 265/22 273/13 paper [8] 39/20 96/3 96/6 218/15 2j.8/18 296/19 251/19 251/24 251/25 258/25 objects [3] 182/12 210/3 210/4 opening's [1] 164/12 259/5 obligatio4 [11] 107/19 166/10 openings [2] 177/4 183/25 paragraph [2] 152/19 152/20 182/20 187/6 198/8 201/2 201/12 operating [1] 97/8 paralegal [1] 32/2 202/9 206/17 268/10 268/24 Operations [4] 2/16 226/21 paraphrasing [1] 168/25 obligatio4s [1] 171/9 227/2 250/14 parents [2] 236/3 236/19 observe [] 187/11 187/15 opinion [22] 6/3 6/4 59/6 parrot [3] 250/22 250/23 252/24 193/14 105/15 105/19 105/20 110/13 participants [2] 203/4 270/10 observed :1,21 83/6 118/3 110/22 149/23 163/17 168/23 particular [5] 172/25 173/4 obtain 204/3 170/20 202/20 202/20 207/9 190/7 242/18 279/4 obvious [0] 83/20 87/5 207/17 207/18 207/21 207/21 particularly [3] 109/14 149/15 obviouslyi[6] 66/22 80/20 85/11 207/22 209/6 209/8 170/18 109/25 172/24 299/7 opinions [3] 195/16 197/19 parties [6] 9/15 154/6 173/19 occasion t3] 29/18 30/4 152/18 197/22 198/17 206/12 267/17 occasionally [1] 9/2 opportunities [1] 60/10 partners [2] 199/18 199/18 occasions:[1] 225/23 opportunity [14] 183/6 193/13 parts [6] 28/14 191/13 231/4 occur [9],, 25/24 34/5 113/4 200/23 217/14 222/15 263/25 231/12 231/22 238/3 113/10 13/13 123/8 179/25 264/5 268/9 271/22 289/9 290/23 party [4] 12/15 204/5 210/3 209/15 299/19 291/24 296/14 299/25 270/18 occurred [12] 4/9 94/21 118/6 opposed [4] 29/12 95/25 162/4 passing [1] 206/6 127/2 151/4 169/14 189/5 189/23 285/24 passionate [1] 179/25 234/14 06/15 238/6 263/25 opposite [1] 111/17 past [3] 17/24 220/23 261/21 occurring[3] 94/23 204/17 oranges [1] 133/5 pathway [1] 95/20 271/8 order [6] 28/10 94/16 103/8 patience [1] 44/24 occurs [1 112/15 181/20 200/23 179/17 182/14 234/3 pause [1] 185/24 209/11 2 1/20 246/14 247/4 orderly [1] 121/5 pay [8] 181/19 223/7 232/5 247/10 orientation [2] 171/5 279/4 250/7 253/10 253/10 253/11 October [1] 231/17 origin [8] 279/23 280/10 280/15 256/16 October 2906 [1] 231/17 283/23 284/15 284/16 285/16 paying [4] 64/16 113/6 113/8 odds [1] 1287/4 288/5 228/6 of Andreai[1] 295/21 original [12] 32/3 32/7 32/9 payments [1] 232/7 offended ill 206/16 38/8 38/23 39/9 39/11 39/13 PCRA [2] 10/8 10/23 offense [1] 206/19 42/22 108/17 143/14 154/18 penalties [1] 23/3 offer [6]i 94/9 175/21 182/11 originally [1] 229/7 penalty [3] 41/23 41/25 213/18 182/20 273/23 284/23 originated [1] 34/9 pendency [1] 169/14 offered [2] 204/10 270/24 origins [1] 287/19 penetrated [2] 237/19 244/10 offering [1] 290/4 others [15] 63/10 68/5 71/5 penetration [5] 224/23 238/14 office [71 2/17 97/2 97/6 85/5 93/24 109/22 149/21 171/4 239/6 246/4 246/8 320 P pierce [1] 175/19 posting [2] 198/25 267/25 pills [17] 220/3 220/16 220/17 posture [2] 113/20 116/24 penis [1]2 221/24 221/13 239/25 241/13 242/13 potential [24] 4/14 4/21 6/10 PENNSYLVANIA [9] 1/3 1/6 1/17 243/18 244/24 245/9 251/21 18/6 27/22 28/2 29/2 29/12 43/3 170/17 175/8 228/24 230/25 251/21 257/13 257/25 259/19 32/14 32/21 33/16 35/18 69/10 274/14 4 259/20 261/18 84/24 93/3 93/9 96/12 121/11 pens [1] J87/4 placed [2] 41/17 169/19 121/12 121/13 125/16 150/20 people didn't [1] 93/23 places [3] 226/7 277/12 284/18 153/9 169/11 people's (2] 99/20 297/12 plainly [1] 112/14 potentially [6] 16/9 25/22 39/5 perceived [1] 166/12 plan [7] 170/25 235/3 235/12 105/10 129/14 280/9 peremptory [1] 98/5 235/16 236/13 236/25 247/15 pound [1] 24/13 perfect [2] 108/23 262/17 plane [1] 10/19 poured [1] 221/4 perfectly[4] 57/11 57/22 planning [1] 134/4 power [6] 11/25 12/7 28/4 239/7 163/12 249/7 plate [1] 26/7 268/14 297/20 perform 01 180/19 181/22 242/8 player [2] 226/24 226/25 practice [1] 274/13 performing [1] 245/6 playing [5] 46/10 46/16 46/18 praying [1] 249/8 perhaps [11 202/3 47/12 47/13 precede [1] 269/5 period [8] 45/14 46/7 154/25 pleadings [1] 232/21 precedence [1] 187/22 168/11 201/21 203/15 235/16 PLEAS [1] 1/2 precedent [1] 4/20 286/19 please [31] 32/23 59/19 71/21 preclude [1] 162/3 perjury [1] 41/23 77/19 90/13 90/14 118/25 133/16 precludes [1] 293/2 permit [10] 84/11 120/15 167/22 141/3 141/4 155/21 155/23 preclusion [4] 271/17 298/18 172/6 172/12 190/9 191/21 157/14 157/24 166/25 173/3 298/20 298/23 217/23 211/9 291/13 293/3 175/5 181/19 190/3 190/19 preconceived [2] 110/11 110/17 298/23 219/24 197/23 203/12 205/4 205/23 prefer [3] 7/4 29/25 128/2 permitted[8] 117/22 117/23 206/16 212/9 213/21 219/15 preferred [1] 4/25 175/14 106/12 188/11 200/10 269/16 271/19 294/23 pregnant [5] 62/16 82/22 83/22 296/9 29/10 plenty [1] 272/3 87/10 87/10 permitting (4] 232/12 232/16 Plymouth [1] 40/9 prejudice [4] 113/19 125/16 288/24 point [32] 6/10 9/22 13/17 82/4 191/16 193/10 PERRONE [ ] 2/16 82/17 87/6 88/17 90/24 106/20 prejudicial [4] 112/15 112/19 persistent [1] 128/4 109/25 112/12 113/14 114/16 198/16 267/17 person [I] 40/16 44/8 65/2 117/14 149/20 151/15 152/2 preliminary [1] 4/13 66/4 80/ 6 80/23 81/16 81/17 152/2 159/17 163/21 173/6 prepared [13] 4/22 21/16 22/18 90/21 92%13 94/25 107/12 107/17 229/20 233/12 251/12 252/23 22/20 39/21 39/21 39/23 39/25 111/10 111/21 111/22 115/16 253/25 274/5 274/5 281/16 286/7 93/8 93/19 136/21 144/10 279/18 127/23 128/23 153/14 185/23 286/25 293/6 preparing [1] 7/14 229/24 29/24 231/6 239/19 pointed [1] 146/5 preponderance [1] 106/10 241/7 26R/5 260/22 274/23 points [4] 113/2 234/11 235/6 prescreened [1] 202/4 274/24 237/7 279/7 280/2 282/5 262/10 prescription [1] 251/21 285/19 207/4 287/21293/7 299/6 police [41] 97/6 97/11 173/5 presence [1] 205/21 person's [3] 61/4 241/4 245/20 179/9 179/10 223/4 229/5 229/7 present [18] 2/15 4/6 22/23 personal Al] 199/8 229/13 230/20 241/25 259/16 27/9 28/11 31/23 40/12 80/9 personnel4[3] 188/25 200/7 259/21 259/23 276/5 276/17 114/20 143/5 152/16 154/20 269/22 276/18 279/3 279/14 279/16 165/19 181/16 182/10 182/17 persons [] 193/7 280/20 283/13 283/19 285/16 236/24 263/14 perspectitfe [4] 108/18 131/2 285/18 286/3 286/10 286/19 presented [16] 110/23 183/5 135/7 24/17 287/10 287/25 288/20 289/3 186/5 186/6 194/13 194/25 198/6 perspectiOs [1] 197/20 289/16 289/24 290/3 292/14 230/9 235/11 244/25 249/14 pertained[1] 67/24 292/18 292/22 293/14 294/13 249/23 259/24 260/16 261/8 pertinent'[1] 183/11 294/19 267/12 Peter [2]i 253/18 254/6 pool [2] 82/15 105/11 presenting [2] 8/4 223/14 petting [3] 238/7 238/23 portion [6] 120/8 140/25 191/2 presents [1] 6/23 Philadelphia [2] 97/9 229/8 231/16 232/2 233/21 preserve [4] 104/9 123/17 Phillies 1] 37/12 portions [3] 233/9 234/9 292/9 162/10 297/12 phone [221 7/22 7/23 22/14 portray [1] 29/15 preserved [3] 122/19 161/18 115/16 45/17 118/14 118/18 position [29] 10/25 22/13 24/6 212/4 120/4 131/19 198/25 203/7 102/25 107/8 107/11 107/16 preserving [2] 163/2 218/14 203/17 2;3/22 227/9 248/17 107/22 113/21 121/24 138/6 press [4] 13/3 13/3 31/13 254/22 2 7/25 269/5 269/6 140/4 148/12 148/16 149/6 153/4 232/22 269/12 209/14 270/12 159/14 161/23 162/21 172/20 presume [1] 298/7 photographs [1] 4/18 176/9 196/8 196/17 218/16 presumed [4] 181/12 182/22 photos [11 236/6 273/18 275/2 275/3 275/4 275/5 185/2 185/4 phrase [11 267/3 positions [5] 78/12 111/15 presumption [1] 110/19 phrases [1] 84/5 192/18 197/20 289/21 pretrial [1] 16/15 physical [1] 182/12 possession [2] 32/4 143/20 pretty [12] 41/4 41/20 45/15 pick [3] .12/6 26/20 189/10 possibility [2] 252/19 299/24 70/23 207/19 216/9 226/24 piece [8] 39/20 211/5 217/17 possible [2] 151/8 169/4 231/13 235/5 287/12 294/14 251/19 41/23 251/24 258/24 possibly [5] 21/4 123/8 123/19 299/10 259/5 139/14 204/21 prevent [5] 28/12 136/3 156/12 pieces [41 226/10 228/7 230/17 post [2] 113/16 247/3 157/25 174/19 239/3 post -conviction [1] 113/16 preventing [1] 239/10 321 prohibited [5] 203/6 203/21 putting [5] 126/6 131/23 134/4 204/20 262/18 270/11 221/24 277/14 prevents 11] 293/5 prohibits [1] 173/14 preview [];7] 10/13 95/19 162/9 promise [4] 53/19 68/18 75/16 Q 162/12 209/19 222/15 222/20 148/14 Quaaludes [4] 289/4 291/6 292/9 223/20 226/4 226/10 231/14 promised [6] 36/5 64/22 64/23 296/10 231/24 236/22 241/8 241/10 75/12 114/17 259/6 qualifier [1] 10/18 246/14 298/21 promising [1] 40/19 quarter [1] 264/11 previewing [1] 177/19 prompt [1] 14/18 question's [1] 208/14 previous [2] 159/24 161/17 promptly [2] 205/23 215/3 questioned [3] 65/13 113/11 previously [5] 114/10 143/13 proof [7] 94/9 175/21 181/10 149/24 159/10 109/19 294/15 223/13 223/14 273/24 284/24 questioning [14] 21/13 24/18 prima [5]t,19/18 21/5 22/7 25/6 proper [3] 34/2 117/2 209/24 51/8 60/21 61/14 61/24 71/4 153/12 properly [5] 28/8 118/3 197/13 74/10 86/5 87/6 102/12 107/2 primarily:11] 145/20 211/7 285/4 131/11 146/5 principal:11] 139/13 prophylactic [1] 273/6 quick [9] 163/10 170/13 212/12 principle=[1] 184/25 proponent [6] 85/24 86/3 86/11 219/10 227/22 229/22 235/18 print [1] 147/2 122/3 123/3 141/8 251/15 262/2 printed [r] 138/16 proposal [2] 154/18 160/24 quicker [1] 215/5 prior [161 102/5 144/4 145/3 propose [2] 155/10 274/17 quickly [5] 165/8 168/10 189/10 146/6 15/13 161/2 i68/18 170/5 proposed [7] 116/21 274/19 247/24 250/18 171/12 273/20 279/8 283/5 283/6 275/25 278/6 280/19 283/8 quite [2] 67/15 142/10 293/6 295'/7 299/3 285/15 quote [1] 110/16 prison [1 151/8 proposing [1] 21/2 R privacy ] 297/13 prosecution [2] 170/16 229/18 private [ ] 38/3 99/19 238/3 prosecutors [1] 170/17 rabbit [1] 277/14 privy [1]4 98/21 prospect [1] 82/25 race [2] 98/5 98/13 proactivet[1] 151/3 prospective [35] 13/7 34/6 race -neutral [2] 98/5 98/13 probably 33] 4/24 14/6 17/14 38/10 39/12 42/14 52/24 54/16 RACHAEL [1] 2/11 21/17 24/8 24/9 24/16 36/18 62/7 92/13 93/16 94/5 95/10 radio [4] 201/4 249/12 269/8 53/4 67/15 72/8 76/3 79/7 91/24 95/13 95/15 96/16 99/8 101/6 270/4 109/6 109/8 118/18 118/19 134/3 106/16 109/5 109/11 110/19 raise [13] 30/15 33/14 34/4 144/25 214/23 215/24 219/2 111/16 114/5 143/18 147/21 58/4 67/9 74/10 79/13 153/11 220/23 225/12 226/23 228/11 150/24 151/2 168/20 168/21 160/18 189/9 190/3 274/15 292/9 263/18 255/8 266/4 266/12 204/14 271/4 292/23 292/24 raised [14] 81/15 81/16 86/2 282/17 204/4 296/22 297/19 93/23 151/12 159/10 159/12 probative;[2] 282/10 282/14 protect [8] 43/13 43/14 43/15 161/17 177/9 204/9 264/3 265/6 probe [1] 23/B 103/8 109/17 200/17 233/5 270/24 276/7 problem 5/2 126/6 172/20 297/21 raising [1] 173/25 268/25 2 4/16 281/18 protected [2] 160/8 216/23 rape [27] 170/17 172/21 173/12 procedural [2] 20/25 25/10 protecting [2] 28/4 163/13 174/18 174/19 175/10 175/19 procedurally [1] 106/18 prove [8] 5/10 28/23 182/24 223/25 273/7 273/19 275/7 280/9 procedure4[22] 27/19 28/22 185/11 185/18 217/22 217/23 281/7 282/16 284/8 285/5 288/6 29/22 790 108/22 117/2 119/18 218/5 288/23 290/14 292/25 293/5 119/19 111/3 121/25 122/18 proven [8] 90/19 181/12 185/8 293/13 293/18 293/19 293/21 122/22 114/19 125/11 125/14 196/3 207/13 217/6 217/6 218/6 293/22 295/3 126/5 138/4 148/2 159/10 196/24 provide [1] 208/18 rapidly [3] 189/16 243/24 250/3 238/19 244/14 provided [2] 233/5 244/3 rather [1] 164/5 procedure0 [2] 123/14 123/23 provides [1] 174/18 re [7] 65/7 72/3 147/9 147/9 proceed [l.0] 29/24 30/8 31/11 providing [1] 255/8 148/3 230/19 230/21 80/13 108/12 120/9 152/6 154/15 proving [5] 181/14 184/12 re-entered [2] 65/7 72/3 160/25 178/2 185/12 185/17 213/13 re -open [1] 147/9 proceeding [10] 17/22 20/23 provision [2] 34/5 128/22 re -opened [1] 148/3 88/14 910 93/12 143/13 204/18 public [9] 12/10 27/24 31/4 re -opening [3] 147/9 230/19 213/8 24/9 271/9 129/16 200/16 216/17 230/18 230/21 proceedings [24] 4/2 12/2 12/8 232/21 297/15 reached [1] 188/23 27/2 27/4 31/19 32/24 80/5 81/4 publicity [1] 234/5 reacted [1] 240/21 142/24 152/11 165/14 165/21 published [1] 232/21 reaction [1] 248/5 168/9 168/12 179/21 188/14 pull [1] 100/2 reactions [5] 240/14 248/9 204/2 204/21 263/8 271/11 punishment [1] 213/22 248/10 260/10 260/11 272/19 390/14 301/4 purely [1] 14/21 reading [7] 39/19 43/21 113/8 process [14] 4/10 6/18 21/10 Purple [1] 36/25 130/14 141/129 / 191/3 28/5 57/18 59/17 60/11 70/8 purpose [12] 71/20 80/21 99/2 ready [17] 32/12 46/21 80/13 101/5 104/4 114/4 121/5 121/6 174/19 175/9 209/7 217/13 99/5 101/14 128/10 160/22 146/13 152/21 153/4 153/23 235/12 239/9 282/10 282/13 164/13 166/15 166/16 208/2 154/3 15/11 157/22 162/16 293/18 208/6 215/16 216/3 262/23 169/21 13/21 199/17 purposes [3] 13/21 37/15 39/10 264/17 299/19 produced 12] 112/3 137/3 pursuant [2] 120/25 159/25 real [8] 11/24 164/14 186/8 professio0a1 [2] 86/24 274/15 pushed [1] 261/18 191/7 209/18 219/10 227/22 program [2] 96/21 201/10 pushes [1] 221/5 250/18 programs ill 227/6 pushing [2] 221/7 221/7 Realize [1] 234/9 prohibit p.] 170/20 put in [1] 153/3 really [28] 8/22 48/15 70/20 322 R 124/22 125/4 125/6 125/10 283/15 283/25 284/10 285/17 125/13 125/14 126/4 126/6 126/7 285/19 287/3 287/4 287/5 290/11 really...*[25] 81/7 86/9 92/2 126/21 127/23 127/24 129/21 293/2 293/6 294/22 295/7 100/16 123/15 124/18 129/3 131/22 132/6 132/9 132/20 relationships [6] 171/3 172/23 131/22 142/20 141/23 146/4 132/23 133/13 133/15 134/22 174/25 284/11 288/15 297/9 150/9 151/6 170/12 191/11 135/8 135/24 147/5 147/8 147/9 relax [5] 220/19 242/19 243/11 197/21 200/12 202/8 209/2 209/2 147/10 147/17 147/25 148/3 243/15 247/11 209/12 209/14 212/21 220/23 148/4 148/12 149/3 149/10 relaxation [1] 243/10
268/23 i 149/24 153/7 154/4 156/20 relaxing [1] 241/17 realm MI 286/7 159/11 160/6 160/9 165/9 168/20 release [9] 43/23 101/12 101/20 realtime [1] 164/5 169/19 169/25 174/12 174/16 216/17 231/12 231/17 232/12 reason [34] 6/19 13/21 14/2 189/7 191/6 211/20 212/4 218/15 232/19 233/4 56/18 57/3 82/12 83/9 103/12 232/21 249/15 272/15 274/24 released [7] 13/3 27/24 45/13 104/11 148/23 109/17 112/10 297/15 54/10 101/22 230/17 233/16 123/5 123/9 126/12 126/23 128/5 recorded [4] 190/14 250/21 releases [1] 233/9 130/17 10/18 131/24 132/8 252/18 294/15 releasing [1] 100/20 132/24 134/6 148/24 449/2 recorder [1] 249/14 relevance [11] 209/23 278/13 151/11 160/10 160/19 241/17 recording [1] 249/9 278/14 282/3 282/9 283/3 283/4 254/16 2T3/10 279/2 279/9 records [2] 204/17 271/7 283/7 285/22 285/23 285/25 293/22 recruited [1] 223/18 relevant [15] 96/18 96/20 97/2 reasonably [13] 82/23 85/24 red [5] 37/8 210/13 210/16 107/17 202/23 270/6 275/24 123/13 1 1/15 182/24 184/13 210/17 211/4 276/3 277/20 284/6 284/6 286/3 185/8 18,/14 185/22 186/4 186/7 redact [5] 44/2 121/20 298/2 288/3 289/17 289/18 196/3 21/14 298/4 300/12 reliable [1] 109/20 reasonabl4ness [1] 193/17 redacted [7] 32/6 32/8 33/9 relieve [1] 242/17 reasonably [1] 185/23 42/14 42/21 43/4 120/8 relive [1] 146/7 reasons [13] 12/20 96/13 98/4 redaction [2] 38/16 42/18 rely [7] 33/9 42/2 115/12 189/4 98/14 10'/23 112/5 168/16 refer [4] 32/21 188/7 205/9 189/20 190/10 207/6 169/19 2 4/16 211/17 228/25 217/24 relying [5] 21/14 147/11 154/7 246/19 21/7 reference [5] 63/21 72/22 77/3 171/17 193/22 reassure 1] 199/13 158/8 208/15 remain [8] 26/4 53/16 109/23 rebut [1]: 110/19 referenced [1] 292/25 181/16 182/22 185/5 196/4 263/2 recall [44] 21/4 35/3 35/6 references [3] 10/17 61/13 remaining [3] 12/4 105/2 105/3 37/22 44418 46/3 46/9 55/5 56/6 194/19 remark [3] 153/14 153/15 153/18 57/2 57/ 57/6 58/16 58/22 referred [1] 230/4 remedy [2] 169/4 169/11 58/24 62/13 63/3 63/8 63/19 referring [5] 29/13 37/10 48/19 remember [34] 9/7 9/11 9/13 63/24 64/2 64/4 64/5 64/9 114/12 137/20 36/6 36/7 37/3 37/7 40/5 40/7 64/12 68,12 69/9 69/13 70/2 refers [1] 159/10 54/24 55/14 59/11 59/12 64/17 75/17 76/18 77/11 82/4 82/22 reflect [3] 57/17 209/5 209/6 64/22 67/6 67/15 69/4 75/14 83/22 8789 88/19 130/24 141/12 reflection [1] 17/14 75/25 99/18 109/13 113/12 156/3 221/17 286/22 286/23 refrain [2] 185/24 239/7 144/25 145/20 179/4 187/7 recalls [I] 221/23 refresh [3] 187/18 189/20 187/10 188/3 190/23 210/20 receipt [I] 249/13 287/13 243/7 253/19 292/21 receive [2] 192/12 273/16 refreshment [1] 262/23 remembers [1] 221/25 received 11] 299/3 regard [4] 8/6 112/13 213/25 remind [1] 215/8 receiving1[1] 97/10 264/7 removal [1] 104/17 recently 1] 97/7 regarding [32] 10/25 27/19 remove [13] 86/3 104/18 104/20 recess [6f 80/3 142/12 142/22 28/22 29/11 30/21 43/17 59/6 105/4 105/5 107/6 107/14 107/19 152/8 204/2 263/6 69/23 71/6 76/14 93/20 98/25 117/20 119/13 130/17 130/18 recklessly [3] 241/2 241/4 103/19 105/16 116/8 148/2 169/20 245/18 162/13 166/2 169/19 175/17 removed [4] 83/4 83/14 108/18 recognize1[2] 154/7 193/4 183/10 203/4 204/20 207/11 131/12 recollecting [1] 195/5 212/23 225/16 225/16 271/10 render [2] 110/22 180/22 recollection [16] 9/8 36/22 272/22 286/15 296/21 298/11 rendered [1] 180/24 69/19 69122 187/19 187/23 regards [2] 94/5 262/20 rendering [1] 244/16 189/21 109/22 190/7 193/12 rehabilitate [2] 10/9 289/19 renew [5] 85/19 108/17 158/21 206/25 207/4 207/5 207/5 287/14 rehabilitation [1] 290/6 158/22 159/24 290/7 reiterate [2] 111/5 151/17 Reno [1] 236/9 recollections [2] 189/4 195/17 relate [1] 171/4 repeat [2] 189/25 213/9 reconvene [1] 25/5 relates [4] 236/2 248/19 253/5 repeatedly [1] 297/24 reconvene4 [3] 80/6 142/25 274/7 replies [1] 234/16 152/12 relating [2] 64/6 196/2 reply [2] 112/23 112/24 record [] 12/21 12/24 15/8 relationship [51] 170/22 171/2 report [3] 205/4 205/23 271/19 15/10 15'112 15/13 18/6 26/23 177/17 219/23 225/17 225/18 reported [3] 45/21 229/4 272/18 27/18 2804 31/14 31/25 35/12 235/21 235/22 235/23 235/25 reporter [15] 1/16 28/2 30/23 38/15 39/11 88/16 91/21 104/9 248/13 255/17 260/20 260/21 139/23 147/2 154/20 189/6 104/12 146/13 107/23 108/11 274/4 274/10 275/14 276/19 189/11 190/4 190/9 190/11 111/14 113/18 114/16 115/15 276/21 276/24 276/25 277/4 212/11 212/17 298/3 301/10 116/19 117/16 119/16 119/22 277/7 277/8 277/13 277/18 reports [4] 204/6 229/7 232/22 120/12 100/13 120/15 120/24 277/21 277/23 277/24 278/4 270/19 121/20 12/20 123/9 123/11 278/10 278/20 279/12 280/3 representation [1] 51/19 123/24 124/2 124/17 124/19 280/22 281/6 283/11 283/13 representations [1] 135/8 323 R Rohrig [1] 240/23 Saturday [2] 121/22 161/8 role [2] 167/3 227/2 save [3] 102/4 145/16 205/14 represented [2] 13/14 33/21 roll [1] 82/18 scenario [2] 18/2 121/15 representing [1] 212/24 rolled [2] 87/8 130/23 scenarios [1] 289/10 request [9] 33/21 117/14 129/13 rolling [3] 82/20 83/21 88/24 scene [3] 11/15 202/25 270/7 131/4 140/19 158/17 169/3 190/9 romantic [2] 225/7 225/11 schedule [3] 214/18 215/4 263/16 room [78] 8/25 11/19 11/22 18/3 264/25 requested,j1] 178/5 18/3 26/13 31/10 31/18 32/16 scheduled [3] 264/20 264/25 require [,,4] 129/13 169/11 34/14 34/15 36/11 36/17 36/20 265/24 required t6] 93/5 125/20 168/8 37/19 37/24 44/19 45/3 45/12 scheme [6] 235/3 235/13 235/16 183/25 211/21 293/12 50/8 50/21 51/6 52/25 53/16 236/13 236/25 247/15 requiremerit [1] 174/11 54/17 54/25 55/6 59/6 62/20 school [11] 250/8 250/8 250/13 requires [4] 27/16 116/21 180/3 63/13 63/15 65/8 66/14 68/8 250/16 251/2 251/3 251/3 251/7 273/15 69/10 69/11 72/3 73/20 74/19 254/22 256/13 278/24 requiring [1] 194/21 75/9 75/18 78/13 78/16 79/5 schooling [1] 253/10 research [13] 119/8,125/19 80/18 80/18 82/6 84/24 85/21 scientific [1] 239/16 129/6 129/7 202/24 204/7 204/9 87/15 92/13 99/21 102/13 106/17 scope [1] 209/24 204/11 270/7 270/21 270/23 106/22 108/3 108/14 109/22 Scott [4] 141/24 141/25 143/9 293/15 294/9 110/5 111/16 111/18 113/3 178/22 resistance! [1] 239/10 117/10 121/13 133/17 137/21 script [1] 52/2 resolve i] 133/20 142/15 153/14 153/16 179/6 seal [1] 232/24 respect [ ] 119/16 123/15 144/5 188/12 190/5 196/5 197/5 203/18 sealed [1] 15/4 186/6 216/12 233/23 233/23 214/9 262/10 269/10 search [2] 203/3 270/9 233/25 rose [1] 113/18 seat [5] 32/17 46/17 54/20 respectfully [1] 169/3 Ross [21] 114/21 114/23 115/2 112/18 202/18 respectin [1] 268/22 115/15 116/9 136/10 136/19 seated [15] 7/6 17/17 28/8 respects 1] 222/23 136/22 137/18 139/7 141/18 36/23 55/6 64/2 68/12 75/18 respond [ ] 5/17 20/13 97/23 141/22 141/24 141/25 142/16 109/19 118/3 167/12 168/22 103/16 2 2/19 142/19 142/20 143/7 143/9 168/23 263/3 271/6 responded11] 47/4 147/21 178/22 seating [2] 118/8 118/9 response [4] 14/18 47/3 130/22 routine [1] 267/3 seats [1] 68/16 137/24 routinely [1] 258/4 second [10] 51/21 145/13 149/7 responses[1] 108/20 row [7] 35/7 35/8 35/10 35/13 149/8 164/21 182/7 238/16 responsibilities [1] 187/11 35/14 35/17 202/18 248/21 272/3 296/22 [9] 54/4 157/24 rows [1] 35/14 secretary [2] 14/7 86/20 183/21 14/8 200/5 202/13 RPR [2] 1/15 301/9 secrets [1] 22/18 213/25 214/13 214/16 rule [26] 7/25 87/23 112/14 section [3] 41/3 103/15 166/23 rest [9] 'i52/13 56/14 75/3 114/6 117/22 117/24 118/6 secured [1] 188/20 129/20 1J2/23 133/12 152/2 118/10 118/18 122/23 123/10 securing [1] 26/9 198/3 272/4 131/23 157/21 158/4 164/4 174/2 seeking [1] 13/17 restrained [1] 86/24 194/16 194/17 194/18 194/19 seemed [1] 135/15 restrictions [1] 264/13 198/3 205/17 209/17 209/23 seemingly [1] 112/7 restroom 3] 215/9 215/13 212/13 267/10 seems [3] 21/15 47/9 91/7 215/13 rules [19] 28/21 119/11 158/6 selected [24] 12/20 28/8 29/12 restroams4[3] 261/25 262/11 158/9 183/10 184/10 205/3 205/5 29/14 60/19 60/20 78/20 78/23 262/12 205/11 209/13 209/14 211/10 89/16 106/21 109/19 110/25 result [61 197/25 198/2 198/9 211/14 212/10 212/22 212/25 125/17 155/2 165/23 167/23 198/9 261/14 267/14 217/25 271/20 278/24 169/17 180/19 183/14 196/4 resulted E2] 18/25 114/7 ruling [16] 81/8 147/4 152/5 204/15 271/4 271/5 271/21 resultingf[2] 18/19 18/21 152/6 165/22 176/17 176/18 selection [2] 54/24 167/10 resummon p.] 150/20 210/2 212/2 212/3 212/5 212/12 selections [1] 167/16 retire [213 183/17 195/14 218/9 264/6 275/8 293/25 send [11] 72/8 133/9 133/19 Retired [] 37/4 rulings [8] 116/18 171/9 172/12 213/3 251/18 251/23 251/24 retract [1] 95/20 176/16 183/23 211/17 218/9 254/21 259/3 259/5 294/23 retried [2] 198/18 267/18 300/8 sending [1] 252/15 retrieve [l] 266/11 run [1] 159/8 sense [2] 180/11 260/14 return [511 18/5 22/9 31/17 running [1] 269/8 sensible [1] 185/23 45/12 ley5 RYAN [12] 2/6 4/4 27/6 31/21 sent [6] 5/20 39/16 65/5 113/15 returned5] 46/2 52/24 79/5 80/7 91/8 143/2 152/13 165/16 120/16 120/19 99/8 26610 263/10 280/20 289/11 sentence [4] 22/21 22/21 96/22 retype [11 139/24 213/25 review [5]' 152/19 167/9 257/8 sentences [1] 292/2 289/22 13/25 safety [1] 149/19 separate [1] 213/23 revisit [ ] 80/15 said -she [4] 222/10 222/21 separated [2] 102/24 269/25 rights [51, 103/9 123/17 162/23 224/24 243/17 SEPTA [1] 43/3 163/13 216/13 said/she [1] 106/20 sequester [1] 201/6 rise [2] 160/3 166/17 sanctions [2] 204/24 271/15 sequestered [2] 200/24 215/22 risk [2] "1241/6 245/21 sand [1] 24/13 sequestration [6] 178/7 179/17 road [1] i98/3 sat [4] 34/20 63/14 157/22 200/14 269/25 270/17 272/3 robed [1]',i 91/6 243/4 series [1] 184/22 ROBINSON [4] 2/11 27/8 165/18 satisfied [3] 81/6 81/13 86/17 serious [6] 41/4 41/21 41/25 263/13 satisfy [1] 42/19 46/24 81/14 123/18 6 324 S 39/5 42/21 42/23 43/18 143/25 softly [1] 189/14 144/11 sole [3] 82/12 184/7 192/3 serious -sounding [1] 41/4 signed [25] 22/19 22/24 23/11 solely [4] 130/16 131/12 192/16 seriousness [1] 256/17 33/8 40/5 40/8 42/8 51/10 96/3 234/3 serve [5] 155/5 158/2 180/8 96/6 97/25 99/14 100/10 115/5 solemn [1] 180/20 193/24 201/7 115/8 116/14 116/15 127/22 solve [1] 126/15 service [8] 96/25 97/4 97/6 128/24 136/7 136/18 137/13 solved [1] 135/22 98/8 150/21 150/25 199/8 201/20 139/20 146/11 223/18 somebody [37] 6/2 9/18 22/18 services [2] 97/11 180/22 significance [1] 62/17 38/4 38/5 38/18 39/24 43/5 sets [1] :153/22 significant [2] 106/4 151/22 48/18 72/12 85/16 86/19 87/14 setting [5] 126/5 250/25 253/9 significantly [1] 111/13 131/8 136/17 137/3 140/2 147/6 260/24 260/25 signing [4] 138/14 145/6 146/8 152/25 199/23 202/19 202/19 settle [1] 234/3 257/9 210/3 237/4 237/18 240/12 settled [3] 230/12 230/13 233/8 silent [2] 181/16 182/23 244/16 247/10 260/6 260/19 settlement [8] 230/14 231/8 similar [8] 56/20 58/12 193/20 260/20 281/24 288/4 289/15 231/11 201/16 231/23 232/18 195/7 199/4 222/23 245/21 289/19 289/20 290/3 233/6 233/20 245/25 somebody's [4] 61/4 202/16 settling [1] 234/2 simple [4] 21/6 166/4 272/12 236/3 240/17 seven [8]:, 18/2 81/5 81/12 86/16 292/19 somehow [3] 104/2 121/5 299/25 105/2 105/3 108/24 116/25 simpler [1] 9/23 someone [28] 39/21 40/10 65/10 sex [21] 170/23 170/24 173/10 simply [28] 5/11 7/18 30/4 90/20 93/7 98/7 104/4 107/14 256/11 2 7/4 277/25 279/24 30/22 32/21 74/9 78/16 79/9 109/3 115/25 128/19 138/11 281/3 28/9 283/24 284/6 284/7 84/16 86/18 93/22 94/8 98/21 138/13 170/21 170/21 170/21 284/10 2 i 4/15 285/10 285/13 104/3 112/11 112/21 152/22 170/22 172/22 173/9 173/20 289/5 29/2 294/22 296/9 297/4 153/17 154/19 212/22 235/12 195/7 203/12 203/19 206/2 sexual [4 ] 170/19 170/19 171/5 272/22 273/19 287/7 294/6 246/23 261/20 268/13 287/3 171/5 172/24 173/6 219/18 222/9 295/12 299/14 300/2 someone's [1] 163/13 223/23 2 3/25 224/9 238/20 since [9] 28/18 49/5 77/10 Sometime [1] 46/7 238/24 2 6/13 273/20 274/11 126/18 127/6 240/2 258/18 sometimes [11] 24/5 156/14 275/10 2 6/19 276/20 276/24 267/10 272/10 189/13 189/14 189/15 189/15 277/7 27_/13 277/19 277/20 Singer [8] 231/19 232/13 233/3 190/13 207/17 209/11 216/22 277/23 2 8/4 279/4 279/5 279/6 233/3 254/15 254/16 255/2 255/7 289/16 279/14 219/15 280/3 280/10 Singer's [1] 232/15 somewhat [1] 71/16 280/22 201/6 283/25 284/2 single [1] 156/5 somewhere [5] 264/11 286/9 284/11 285/16 285/18 287/3 singular [1] 217/13 292/8 297/10 299/16 287/5 290/11 290/13 293/2 295/8 sip [4] 221/4 221/5 221/7 soon [1] 52/20 sexuality[3] 274/11 275/6 236/10 sorry [14] 26/18 96/17 99/21 297/9 sir [8] 56/16 63/9 64/8 64/11 102/3 114/25 141/10 143/22 sexually 11] 220/10 64/13 73/25 92/7 145/4 144/15 160/17 180/7 219/9 251/9 Shack [1] 249/13 sister [2] 248/12 248/12 251/10 296/25 Shakes [1] 58/23 sit [10] 11/17 44/24 53/4 99/25 sort [6] 29/10 136/23 162/6 shaming [1.] 293/5 113/22 173/8 180/20 213/4 173/13 206/3 276/20 sharing [1] 195/7 223/17 228/19 sought [1] 268/14 she -said 11] 222/23 sitting [12] 9/8 9/9 36/25 37/8 sounding [1] 41/4 sheets [11 167/9 37/14 37/16 46/17 55/7 55/8 source [2] 16/19 202/16 sheriffs 11] 167/5 64/3 67/4 111/20 speak [15] 29/19 30/4 33/24 Shield [20] 170/18 172/21 situation [13] 20/25 33/25 34/3 89/7 90/9 97/7 97/12 122/6 173/12 174/18 174/19 175/10 106/8 106/11 119/11 160/5 142/4 189/14 189/14 189/16 175/19 273/7 273/19 275/7 227/18 244/18 246/24 247/16 189/16 269/17 280/10 281/8 282/16 284/8 285/5 248/18 260/23 261/2 speaking [2] 89/10 89/11 288/6 280/24 290/14 293/2 293/5 situations [1] 106/7 special [1] 166/23 293/13 293/18 293/19 293/21 six [3] 18/3 167/24 272/16 specific [13] 60/22 62/5 87/8 293/22 295/4 Sixth [1] 162/17 175/21 191/2 204/19 206/7 206/7 shifting (1] 174/20 size [4] 26/12 80/18 166/22 271/9 286/23 293/20 293/21 shifts [1] 294/20 245/10 293/23 shooting 13] 71/13 72/17 77/4 skip [1] 254/10 specifically [11] 77/13 113/6 short [5]i 26/14 36/6 36/8 94/23 skipping [1] 232/4 114/3 170/18 203/6 203/21 168/10 Skype [3] 269/4 269/5 269/6 203/24 205/17 216/11 270/11 shot [1] 59/2 sleep [9] 45/4 241/16 242/6 292/25 shoulders[1] 243/11 242/19 242/20 245/6 245/14 specifics [1] 44/16 showed [61 15/23 16/4 34/10 247/12 258/12 speculate [1] 208/20 50/20 6707 87/5 slight [1] 246/4 spend [1] 222/13 showing [2] 121/21 235/12 slightly [2] 237/19 244/10 spending [1] 27/18 Shrugs [li 55/4 smoke [1] 52/17 spent [2] 56/14 287/18 sidebar [i] 164/24 165/2 165/6 smooth [1] 164/11 spirit [2] 172/21 173/12 165/7 16 /10 212/7 212/16 snacks [1] 26/11 spoke [11] 13/13 115/17 136/6 sides [3]'s 118/21 222/11 282/21 snapshots [2] 221/20 221/22 136/11 137/18 137/20 144/19 sighting [1] 226/16 snippet [1] 234/20 144/22 145/10 145/12 223/9 sign [5] .99/4 137/10 138/14 social [2] 199/5 268/5 spoken [5] 113/2 122/4 134/24 143/19 144/12 sofa [5] 221/14 221/25 222/3 138/23 145/3 signal [2) 215/9 215/11 247/11 247/18 sports [3] 250/6 250/12 253/12 signature09] 38/14 38/17 39/4 soften [1] 282/23 sports -casting [2] 250/12 325 S 225/7 238/25 241/19 247/7 stricken [2] 84/16 211/19 256/24 256/25 257/3 257/5 strictly [1] 262/18 sports-caisting... [1] 253/12 257/10 260/3 262/24 265/22 strike [9] 107/25 108/4 108/5 spot [2] 109/15 278/21 276/17 276/18 277/20 277/22 109/24 149/12 169/4 169/6 squarely [1] 277/14 279/3 279/16 279/22 279/23 211/10 211/10 staff [1] 188/22 280/18 283/5 285/16 285/20 strikes [1] 281/7 stage [66] 6/15 9/14 12/25 13/4 285/23 286/9 287/9 287/24 288/6 strong [3] 174/3 177/23 299/23 17/22 21/7 24/10 24/16 25/6 288/12 288/18 288/22 289/2 stuff [11] 10/19 20/13 23/17 28/9 28/25 29/5 30/24 31/15 289/14 289/15 289/17 289/23 46/20 94/23 129/14 172/10 31/17 4014 45/6 50/7 52/5 64/4 289/24 290/8 290/9 291/9 291/22 251/19 257/12 278/24 287/19 78/4 81/$,81/9 81/19 82/7 83/10 292/14 292/17 292/24 294/12 stuffed [1] 45/2 84/6 85/20 93/5 93/8 93/17 294/14 294/15 subject [10] 48/8 81/25 128/20 98/22 106/13 100/21 101/23 statements [47] 14/23 16/24 140/23 204/22 204/24 217/18 101/25 104/2 107/6 116/23 117/2 20/21 20/21 27/13 41/4 44/12 218/8 271/13 271/15 119/12 133/10 133/11 142/5 73/6 76/14 76/15 76/25 79/18 submit [4] 19/24 112/4 127/12 147/2 147/5 147/8 149/3 153/12 79/19 84/13 114/4 121/17 161/2 237/24 153/19 154/13 167/8 167/22 164/8 173/20 176/8 176/11 182/7 submitted [1] 170/6 171/12 1/1/22 172/11 174/9 182/8 182/9 186/20 186/21 subpoena [1] 54/10 176/10 19'6/24 212/11 216/19 186/23 196/14 207/11 208/3 substantial [4] 241/3 241/5 262/8 263/17 264/10 275/25 208/5 210/21 214/19 215/24 241/6 245/20
298/7 4. 217/9 217/10 217/11 218/4 218/5 substantially [2] 239/6 241/7 stage whether [1] 21/7 218/14 218/19 219/4 219/13 substitute [1] 187/20 stakes 151/9 223/3 223/4 239/11 283/6 such [15] 10/9 56/23 57/15 73/6 stance [1 151/3 states [1] 112/14 81/22 91/24 92/17 123/18 182/11 stand [9] 7/8 122/12 132/10 status [1] 16/19 192/11 192/23 211/5 213/7 250/5 236/21 212/25 249/18 261/7 statute [19] 103/15 161/13 260/18 278/3 294/15 161/14 161/24 161/25 162/13 suddenly [3] 62/13 87/8 211/4 stand-alo e [1] 132/10 162/14 162/20 163/4 163/6 suffice [1] 271/13 standard .2] 19/22 110/21 163/18 163/19 230/24 231/2 sufficient [9] 53/15 104/17 standing ,7] 46/18 47/20 47/24 234/17 234/23 273/15 274/16 110/19 110/21 132/20 133/18 56/25 101/3 111/22 289/17 300/3 133/23 138/6 147/8 stands [3]r 123/9 149/3 149/11 statutory [2] 181/7 183/9 suggest [6] 61/25 88/9 111/8 start 4/11 4/19 11/2 19/7 stay [5] 32/4 70/2 100/22 265/4 112/9 131/15 134/7 20/2 27/2 56/9 60/11 60/12 293/16 suggested [5] 93/4 116/25 60/24 61411 62/3 64/24 107/22 stayed [2] 23/23 75/23 121/25 125/12 135/14 110/8 160/23 163/16 194/14 staying [1] 24/16 suggesting [4] 88/11 88/12 91/7 194/19 211/25 214/25 215/4 STEELE [18] 2/5 3/4 4/4 7/13 276/22 222/12 2;9/2 269/12 269/13 18/18 27/6 31/21 71/21 80/7 suggestion [3] 71/2 154/12 287/16 288/14 289/10 298/13 81/20 143/2 147/10 151/14 272/13 298/13 152/13 154/2 165/16 263/10 suggests [1] 208/22 started [46] 9/21 14/24 48/8 272/10 suit [8] 37/2 229/24 229/25 62/24 62,24 66/20 67/16 70/10 Steele's [1] 148/5 230/3 231/5 231/5 231/8 233/19 79/23 21 /23 225/20 253/8 stems [2] 279/13 282/15 summations [1] 183/7 280/20 2 5/8 296/20 297/18 step [10] 25/3 49/24 80/13 summon [2] 18/2 121/10 starting 3] 74/5 74/7 262/9 80/16 92/21 100/14 100/19 summoned [2] 150/13 200/4 starts [6 14/5 70/9 195/21 108/12 146/17 217/3 summoning [2] 116/23 116/24 198/4 22 /3 287/24 steps [2] 52/13 239/23 summons [3] 33/20 34/11 74/17 state [10 30/21 115/14 119/22 STEVEN [1] 1/19 Sunday [1] 199/12 124/13 144/16 174/16 242/17 STEWART [1] 2/6 Superior [1] 175/9 245/13 216/9 247/19 still [34] 6/18 7/17 25/5 66/6 Supervisor [1] 2/16 stated [1 94/21 66/25 83/13 84/15 84/25 85/18 supplement [3] 4/16 50/10 statement .[140] 3/4 22/19 29/8 85/20 85/22 86/12 87/17 93/25 187/20 40/24 4248 45/9 45/14 46/3 105/4 107/6 107/7 108/17 109/6 supplementing [1] 104/16 47/20 47421 47/23 48/2 48/13 109/8 123/25 131/12 132/16 support [3] 199/17 200/2 268/18 48/20 5149 56/19 56/23 57/2 132/25 148/4 148/11 148/16 supports [1] 241/12 57/7 57/15 57/21 61/2 62/6 164/10 229/19 250/6 259/11 supposed [4] 46/25 266/24 267/7 69/11 70/3 71/6 71/6 76/16 272/22 281/17 289/12 288/12 76/18 81/22 83/15 85/2 92/14 stinks [1] 156/15 supposedly [3] 111/18 111/21 92/17 950 98/24 99/13 100/11 stipulation [1] 148/5 247/11 102/13 192/14 102/15 102/16 stood [3] 7/11 22/2 149/10 Supreme [1] 267/8 102/20 105/15 106/22 106/24 stop [6] 23/18 90/14 176/3 surprise [2] 16/8 21/18 107/24 119/5 111/10 111/18 201/17 287/7 291/3 surrounded [1] 193/24 111/21 113/4 113/9 113/12 stopped [3] 225/23 225/25 suspect [4] 14/17 21/15 205/24 115/13 116/2 116/14 116/16 250/20 275/15 116/16 141/8 121/10 121/19 stopping [1] 84/9 suspicion [5] 82/24 84/17 85/25 123/21 145/20 127/22 128/11 stories [3] 47/15 201/24 201/24 87/10 123/13 128/15 148/20 128/24 129/23 story [3] 22/14 202/5 222/11 suspicions [1] 89/24 130/2 130/22 136/5 136/22 139/4 straight [1] 278/23 sustain [1] 211/19 168/22 11/25 172/8 172/17 straight -up [1] 278/23 Sustained [2] 210/13 210/16 173/5 170/18 181/25 182/4 strenuously [1] 234/4 swayed [1] 300/2 197/14 217/5 217/14'217/24 stress [1] 241/16 swear [8] 42/5 64/25 65/21 219/9 219/14 224/6 224/7 225/6 stretch [1] 45/3 65/23 66/4 77/21 112/21 159/8
".i
Et. 326 S 217/25 218/10 218/10 218/17 three [35] 11/3 11/4 11/8 17/23 276/10 276/14 300/9 26/7 51/22 78/16 80/17 82/13 swearing [5] 29/25 65/24 121/16 testifying [6] 162/9 186/16 85/5 85/7 88/23 89/15 93/24 121/16 159/15 189/8 193/9 210/10 288/4 113/11 117/10 122/17 130/3 switching 247/25 testimony [94] 5/11 6/13 12/11 150/15 153/15 179/9 181/5 swore [5]' 41/24 102/17 106/3 19/14 27/14 42/5 72/10 93/21 220/16 220/18 237/15 240/22 228/18 264/2 94/11 94/15 102/10 105/14 242/13 242/18 243/14 243/19 sworn [31], 28/8 29/14 30/18 121/14 130/6 130/8 130/16 257/13 259/19 259/20 261/15 33/17 41/24 58/6 60/20 67/11 131/13 138/15 138/24 140/23 272/15 74/13 78/16 79/15 102/7 102/9 147/18 148/19 148/24 152/19 throughout [10] 32/24 118/17 102/13 162/16 103/12 110/13 153/21 154/9 162/3 162/4 162/8 181/21 183/24 184/20 185/5 125/17 143/9 159/13 161/3 163/14 187/19 189/7 190/7 190/9 194/2 214/15 223/8 261/9 165/24 148/4 168/7 169/12 190/16 190/19 191/3 191/8 192/2 throw [2] 84/5 237/14 169/18 181/22 191/23 228/13 192/4 192/9 192/10 192/14 Thursday [1] 143/23 230/7 284/18 193/11 193/16 195/5 197/13 tie [1] 75/21 sympathy (3] 191/16 191/21 197/18 204/10 208/13 210/9 timeline [2] 130/9 229/22 193/10 215/6 215/25 221/9 222/22 timelines [1] 94/6 symptoms El] 240/17 222/25 224/12 224/25 225/14 timely [1] 164/19 system E3t 184/25 198/4 240/15 225/16 225/21 225/22 227/13 times [12] 9/6 9/11 30/3 110/15 T 227/24 230/10 236/16 239/11 130/3 145/9 186/3 186/15 189/16 239/15 239/22 240/20 241/19 207/24 213/2 271/18 T.V [1] 201/9 243/2 244/21 244/25 246/9 timing [8] 119/6 119/7 126/25 table [2],; 36/15 170/16 246/15 247/24 248/7 248/19 132/3 132/7 134/2 134/3 134/21 tablets [4] 242/4 245/5 258/11 252/9 253/4 255/4 255/11 256/22 tipstaff [3] 59/19 155/23 258/14 259/18 259/24 260/4 260/8 261/6 215/10 tainted [4] 149/22 270/24 274/3 275/14 286/18 tipstaffs [1] 166/25 taken [15] 66/5 102/9 138/20 286/23 tipstaves [1] 155/24 152/8 15 /21 154/10 180/3 text [6] 145/11 145/16 154/6 TiVo [1] 190/13 184/22 2 2/12 214/25 215/18 198/25 267/25 269/15 today [22] 33/20 102/18 108/22 230/5 2575 292/3 301/6 testing [2] 269/13 269/14 122/16 131/13 132/10 153/21 takes [9].- 156/7 220/24 236/21 thank [40] 21/4 25/3 31/7 32/10 155/3 158/24 202/4 215/23 237/6 234/7 245/5 249/18 264/16 32/18 50/14 53/15 54/7 54/15 215/25 219/5 222/12 222/13 268/10 4 59/22 60/5 64/21 65/6 65/17 222/17 223/3 223/9 233/18 taking [12] 27/13 61/3 66/25 70/5 70/14 73/11 73/18 77/19 234/21 234/22 268/21 186/15 187/3 187/14 191/5 215/5 77/24 79/18 79/21 92/21 100/13 together [9] 45/19 74/6 117/5 221/23 244/23 288/10 291/8 101/9 101/10 101/11 101/16 184/22 195/18 205/21 253/13 talks [9]', 170/18 175/13 238/23 146/17 162/9 162/9 166/14 170/7 254/4 265/23 242/2 243/19 249/19°254113 179/20 261/23 265/10 272/5 tomorrow [9] 68/5 75/5 84/15 281/8 293/22 300/10 300/11 300/13 263/17 265/4 266/23 271/23 tape [1] 252/18 Thanked [1] 44/24 272/4 298/6 tape-recnrded [1] 252/18 that there [1] 148/16 tone [1] 127/4 taped [1]9 253/2 that with [1] 280/14 tonight [1] 293/16 task [2] '149/23 214/15 that'll [2] 38/22 206/15 top [2] 231/16 272/15 tattoo [11 37/2 the familiarity [1] 71/17 topic [4] 204/9 204/12 270/24 teacher [] 236/5 the mother [1] 256/18 271/2 team [3] 194/22 253/13 272/12 theater [3] 12/12 13/5 236/6 Toronto [1] 253/25 technicafi[1] 285/22 themselves [4] 28/5 198/12 totally [1] 16/25 telephonel[2] 137/19 252/14 208/7 208/17 touch [5] 223/2 227/22 231/12 television [1] 201/4 then you [1] 176/23 231/21 231/23 temperatuie [3] 27/11 266/14 therapist [1] 250/15 touched [1] 238/2 266/15 i therapy [2] 250/16 256/16 touching [1] 238/8 Temple (6 226/19 226/21 226/25 there were [1] 98/14 tough [2] 199/19 211/24 227/6 229/6 250/14 thereafter [2] 48/5 219/6 towards [4] 174/21 193/7 198/14 ten [2] 300/3 300/4 therefor [1] 168/16 198/15 tend [1] 1246/22 therefore [10] 147/16 147/18 toxicologist [2] 240/11 245/3 tension [2] 242/17 243/9 161/16 167/11 183/22 194/11 track [3] 57/12 111/6 256/14 term [3] 222/7 222/8 234/25 198/19 214/12 267/18 268/17 transcript [2] 249/24 301/7 terms [241 13/22 21/13 82/22 therefore I'm [1] 268/17 transportation [2] 214/21 83/22 95123 96/14 122/16 138/13 therein [2] 44/13 159/2 265/23 140/4 154/23 170/19 197/23 thereon [1] 154/8 treated [1] 187/19 232/18 240/21 241/10 253/6 third [5] 66/5 80/13 80/16 Tressler [1] 110/8 253/9 260/10 260/17 262/21 212/15 239/5 trial [52] 1/10 28/7 30/3 49/5 285/16 285/22 288/4 292/8 this before [1] 178/6 58/20 61/18 77/11 82/25 90/3 test [2] -182/14 239/16 this where [1] 299/11 96/11 102/10 112/12 112/16 testified[13] 30/18 33/17 42/8 THOMAS [1] 2/9 112/16 113/24 114/8 118/6 58/7 6742 74/14 78/6 79/16 thought [14] 41/18 48/14 65/25 118/17 164/15 169/15 174/19 115/24 129/2 131/25 138/9 87/15 92/2 93/14 110/11 135/3 175/24 180/13 180/25 181/18 143/10 141/11 141/23 146/13 149/10 181/21 182/6 183/24 184/15 testifies4[2] 193/15 247/8 274/14 277/17 184/21 185/5 186/12 187/5 testify [p] 4/22 96/7 116/2 thoughts [1] 82/3 190/21 194/2 198/7 198/21 128/13 147/23 138/24 139/22 thousand [1] 277/12 203/24 209/13 214/16 214/18 181/18 182/11 182/21 190/23 threading [1] 299/9 217/3 217/7 218/2 218/11 226/9 327 T unequivocal [1] 115/4 violation [3] 205/2 205/5 unfair [5] 82/25 150/9 198/16 271/20 trial... [6] 266/3 267/13 266/2 267/16 violations [1] 166/13 267/20 270/14 271/18 293/7 unfamiliar [2] 189/17 189/18 violative [5] 172/20 173/11 trials [2] 52/2 52/3 unfolded [2] 108/22 132/8 173/21 195/10 262/19 tries [1]: 289/19 unique [2] 20/25 108/20 Virginia [2] 1/15 301/9 Troiani [1] 232/7 University [5] 226/20 226/25 virtue [3] 174/21 175/13 175/16 trouble [1] 66/21 227/3 227/7 229/6 visiting [1] 202/25 true [7] ;20/22 24/22 42/6 44/13 unjustifiable [2] 241/6 245/20 voice [2] 127/5 189/15 184/6 200/21 208/23 unknown [2] 16/19 16/19 voicemail [3] 14/5 14/6 254/6 truly [1] 199/24 unless [6] 26/13 30/23 38/3 voir [9] 15/15 15/16 34/21 trust [191 53/23 180/12 216/25 181/12 185/5 262/4 58/11 63/7 105/18 105/21 114/4 219/17 219/21 219/21 219/22 Unlike [1] 106/7 191/15 219/23 219/25 220/5 235/23 unnecessary [1] 125/15 voluntary [1] 30/7 254/18 254/18 255/3 255/4 255/8 unpleasant [1] 186/10 volunteered [1] 123/2 255/14 255/20 260/22 unprofessional [1] 37/13 volunteers [1] 257/14 trustee [*] 227/6 unrealistic [1] 201/8 vowed [1] 200/16 trusting (3] 225/18 260/19 unredacted [1] 32/7 w 260/21 unsure [1] 294/8 truth [12; 51/23 83/20 86/18 unsworn [2] 28/9 128/21 wait [11] 54/13 63/6 63/16 177/17 4/6 275/18 276/24 untruthful [1] 257/21 63/16 63/16 101/11 124/25 149/7 278/20 23/14 286/3286/10 unusual [2] 108/20 119/11 149/7 182/5 252/20 286/19 upset [1] 256/12 waited [4] 67/19 67/19 69/7 truthful 14] 86/24 87/3 87/4 upstairs [3] 220/15 220/15 74/19 287/9 28/25 288/19 289/16 243/12 waiting [4] 46/18 46/19 63/18 289/23 200/3 292/18 293/14 USA [1] 202/3 69/10 294/12 204/16 294/19 usually [6] 33/9 156/7 156/7 waiver [1] 30/7 truthfulness [1] 182/15 178/6 242/19 263/22 waives [1] 29/21 Tuesday [4] 300/15 utilize [2] 166/4 194/4 waiving [1] 159/20 turned [1: 56/3 utterance [1] 127/10 waking [2] 221/25 222/3 turning [i] 135/22 walk [3] 172/22 206/8 212/8 TV [4] 2.9/7 269/7 269/16 270/4 V walking [5] 197/4 206/13 206/14 Twelve [11 25/20 vacillates [1] 276/23 216/22 273/12 twice [6]';. 111/11 115/22 117/14 vagina [1] 238/9 wall [4] 26/7 243/5 243/5 243/5 129/24 145/12 290/13 valid [1] 214/7 wandering [1] 206/4 Twitter [2] 199/4 268/4 value [2] 282/10 282/14 want us [1] 176/24 two -stage [1] 17/22 variety [1] 112/4 warm [2] 266/21 266/23 type [9] '421/18 22/19 191/19 various [1] 271/17 warmer [1] 266/13 199/4 224/14 228/2 250/21 260/6 Vegas [1] 147/12 was the [1] 37/9 269/11 vehicle [2] 28/20 255/13 washed [1] 202/15 typed [1]1 257/7 vein [1] 5/23 watch [6] 49/11 83/8 84/8 201/2 types [3] 204/3 236/14 268/5 veracity [2] 122/3 122/13 205/18 270/3 typing [11 23/17 verdict [12] 110/22 183/17 watched [3] 82/2 82/2 82/3 188/23 189/4 190/6 191/19 watching [7] 10/11 82/18 82/18 U 191/25 195/15 197/10 198/15 82/19 201/9 201/9 216/11 ugh [1] 8/5 214/6 214/9 we're not [1] 174/24 Uh-uh [1]i 77/16 versus [9] 228/16 228/17 228/22 wear [4] 216/8 216/9 266/11 ultimately [6] 17/21 18/5 32/4 228/24 229/24 229/25 231/6 266/21 130/13 195/14 214/10 233/13 290/8 wearing [1] 266/17 unanimous[1] 214/7 vet [1] 71/25 website [2] 199/3 268/3 unaware [t] 16/21 veteran [1] 72/8 websites [3] 199/5 268/4 268/5 uncertairq[1] 190/8 vetted [1] 80/23 weekend [5] 4/9 7/15 24/7 27/15 uncertainty [1] 254/18 vetting [1] 169/21 119/17 unclear [1] 148/25 via [1] 232/21 weigh [3] 106/10 184/8 192/10 unconscious [7] 221/14 224/13 Vicario [1] 264/15 weight [9] 117/9 188/5 188/8 244/7 244/8 244/15 244/16 victim [10] 174/21 175/14 192/5 192/7 192/11 207/12 245/22 175/17 191/22 225/22 227/11 217/19 245/11 unconsciousness [3] 244/20 244/24 279/5 279/15 293/5 weighty [2] 157/23 200/5 245/19 245/20 victim's [3] 224/17 227/24 welcome [2] 27/12 70/15 unconstitXtional [2] 162/14 297/8 whatsoever [1] 117/16 163/7 victims [1] 260/7 where's [2] 255/24 283/3 under -oath [2] 130/6 130/8 video [4] 58/18 71/7 72/25 77/9 wherever [1] 25/3 underestimate [1] 263/23 view [7] 8/25 82/7 82/7 82/7 while [20] 7/14 54/25 55/14 underlying [1] 232/17 82/8 82/18 188/9 69/23 75/24 76/12 89/10 89/11 underscore [1] 155/16 VINES [14] 2/9 4/5 27/7 31/22 147/3 189/8 200/24 201/9 203/9 undersigned [2] 231/20 232/14 65/20 71/15 80/8 115/6 122/11 203/11 205/20 210/9 213/15 understan.ing [10] 18/17 23/6 143/3 152/14 162/25 165/17 213/20 214/2 263/3 24/15 112/20 139/21 189/19 263/11 whoever's [1] 105/11 189/22 217/17 236/24 298/2 violate [2] 171/23 204/19 whole [21] 55/16 55/19 70/2 understood [6] 65/16 71/18 violated [1] 221/17 79/23 106/6 120/6 166/23 191/14 75/23 95/5 104/23 139/15 violates [1] 271/9 192/15 213/6 222/18 234/17 undertook[1] 229/14 violating [2] 162/22 282/16 241/14 243/13 258/2 272/12 328 w whole... [5] 273/4 274/9 282/10 282/13 297/18 wholly [1] 16/22 whom [1] q255/16 whose [5] 14/13 90/20 115/11 167/25 234/3 Wiederligbt [1] 254/6 wife [2] '256/9 256/10 WILLIAM [0] 1/8 30/17 228/16 228/17 230/2 231/18,233/13 253/17 willing [0] 6/20 125/11 144/12 233/17 201/5 253/23 window [2] 46/11 56/25 windows [0 36/16 46/16 46/18 47/13 wine [3] 221/3 221/13 236/10 wise [1] L 31/2 929/9 wish [7] 30/23 91/13 130/12 107/5 187/7 192/8 wishes [3], 16/10 152/20 169/8 withdraw 0.] 86/15 witness w$o [1] 115/11 1 witness'sr,[3] 193/12 208/11 208/18 4 witnessed[1] 168/22 woman [113 10/12 37/8 100/25 202/6 21 /19 219/24 220/7 226/14 24/19 255/16 292/12 Womelsdor [2] 1/15 301/9 women [4]i 192/24 193/2 289/4
292/12 -, won't [19] 5/16 47/17 50/5 61/21 122/23 133/15 139/16 141/5 141/5 146/14 156/16 196/19 2p0/18 202/25 218/11 265/8 270/3 282/20 291/4 wonderful[2] 13/15 75/4 wondering4[1] 124/18 works [7]°: 58/25 64/14 71/8 72/7 192/4 216/5 255/2 world [5]! 192/24 193/3 202/7 202/8 worried [ ] 251/16 worry [24 66/6 252/6 worth [1]i 22/15 writing [2] 230/6 256/6 written [I] 24/20 162/20 163/6 175/21 257/7 273/15 273/16 wrong [7]? 109/16 116/10 135/16 135/17 145/13 161/9 246/24 wrongdoing [1] 233/22 wrote [2]B, 21/15 103/24 Y yellow [1] 75/21 Yep [7] 37/17 45/25 47/22 59/25 67/23 6017 70/15 York [2] 257/2 257/18 young [3]i 37/9 224/22 236/8 yourself 7] 152/4 205/5 212/25 213/7 210/16 214/10 293/13 yourselv4 [2] 157/5 211/16 YouTube [q3] 48/9 49/14 49/15 58/18 58/19 58/24 58/25 58/25 59/2 64/10 64/12 70/19 70/19 71/7 7143 72/12 72/12 72/15 72/17 72/25 76/25 77/4 77/10 z
Ziv [2] 160/18 298/7