During sworn depositions taken after Constand sued Cosby, the entertainer acknowledged obtaining prescription sedatives in the 1970s to give to young women.
Prosecutors said they should be allowed to use excerpts from Cosby’s autobiography and statements he made in a 1991 television interview, in which he described the power of an aphrodisiac called “Spanish fly” to put women in the “mood.”
But Cosby’s lawyers said the deposition testimony had nothing to do with Constand and the “Spanish fly” comments were jokes, not evidence.
“It was comedy,” McMonagle told O’Neill. “It was not an admission.”
Meanwhile, McMonagle said he would undermine Constand’s credibility by portraying her civil lawsuit as an attempt to get money.
But he asked O’Neill to bar the prosecution from mentioning the subsequent civil settlement, in which Cosby paid her an undisclosed sum in exchange for her agreement not to cooperate with future law enforcement efforts.
Prosecutors, however, said they should be allowed to bring up the deal to rebut the defense’s attempts to impugn Constand’s motives.
Jury selection will begin next month in Pittsburgh, hundreds of miles away. O’Neill previously agreed to empanel jurors from another county because of pretrial publicity. The jury will be in Norristown for the expected two weeks of trial.