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CNN SPECIAL REPORTS
The Case Against Cosby. Aired 8-9 ET
Aired March 31, 2018 - 20:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
UNIDENTIFIED MALE: The following is a CNN Special Report.
CROWD: This is what democracy looks like!
JEAN CASAREZ, CNN HOST (voice-over): It's a new world.
CROWD: Stop the violence! Stop the rape!
CASAREZ: And a new trial for Bill Cosby.
UNIDENTIFIED FEMALE: Shame on you, Bill Cosby!
CASAREZ: This woman, Andrea Constand could help send him to prison for the rest of his life.
UNIDENTIFIED FEMALE: She said that her speech was impaired. She said her legs felt wobbly.
CASAREZ: Constand said Cosby drugged and assaulted her, and she's not alone.
UNIDENTIFIED FEMALE: He drugged me. He raped.
UNIDENTIFIED FEMALE: I was naked, he was clothed. I was raped.
CASAREZ: Tonight two exclusive interviews.
UNIDENTIFIED MALE: I was always a big Bill Cosby fan.
CASAREZ: Cosby's attorney from his first sexual assault trial.
Do you think Bill Cosby drugged and assaulted women for decades?
UNIDENTIFIED MALE: I don't because he swears to me he didn't.
CASAREZ: And a member of the Constand family.
UNIDENTIFIED FEMALE: I remember Andrea telling me that she had met Bill Cosby. I just thought, wow! That's so lucky.
CASAREZ: Was it good luck turned bad? The case against Cosby.
UNIDENTIFIED FEMALE: Breaking news. Hollywood movie producer Harvey Weinstein is apologizing after a New York times report detailed numerous allegations of sexual harassment.
UNIDENTIFIED FEMALE: More and more women are coming forward.
CASAREZ: Years before sexual misconduct allegations against Hollywood mogul Harvey Weinstein triggered a movement.
CROWD: Stop the violence! Stop the rape!
CASAREZ: There was one woman who came forward with allegations of sexual assault against another Hollywood giant, Bill Cosby.
Her name, Andrea Constand, and her 2005 allegations eventually led to what you could call the prelude to Me Too, with more than 50 women alleging America's dad sexually assaulted them, as well.
HEIDI THOMAS, COSBY ACCUSER: He was on top of me, putting himself in my mouth.
LILI BERNARD, COSBY ACCUSER: I remember yelling no, stop! I can't do this.
BARBARA BOWMAN, COSBY ACCUSER: He had sex with me. He raped me.
CASAREZ: Cosby has always denied all allegations. If true, the claims from Barbara Bowman, Heidi Thomas, Lily Bernard and many other women were criminal, but they allege crimes that were long past the statute of limitations. With one notable exception, the accusation made by the woman who came forward first, a Canadian, Andrea Constand. In 2015, as many women were publicly telling their stories --
UNIDENTIFIED MALE: Pudding pops!
CASAREZ: About the man who sold kids pudding pops, authorities re- opened Constand's case.
DIANA PARSONS, ANDREA CONSTAND'S SISTER: Detectives came and spoke with Andrea here in Canada and asked her if she would be willing to cooperate.
CASAREZ: What did she say, to your knowledge?
PARSONS: I don't think she had any hesitation. I think for her it was I will do what needs to get done.
CASAREZ: Diana Parsons is Andrea's older sister, knows her better than anyone else. And she spoke exclusively with CNN about her sister who she describes as private and centered.
PARSONS: She is very spiritual, and she is calm. She is humble. She is honest.
CASAREZ: And she is also a lifelong athlete.
PARSONS: She played soccer and she played basketball.
CASAREZ: Show chose to focus on basketball as she grew taller. PARSONS: Andrea is 6-feet.
PARSONS: Yes. Her basketball skills are unbelievable. I think she was in grade 12 and different universities started coming forward offering Andrea scholarships.
CASAREZ: Andrea Constand played four years of division One ball at the University of Arizona. It was followed by two years of pro ball in Europe. Her goal, to play for the WNBA, but it didn't happen.
How traumatic was that for her?
[20:05:07] PARSONS: I think it was something, yes, she really did want, but that path did not work out for her, and she moved along to the next path.
CASAREZ: In 2001 she decided it was time to make a career off the courts so she accepted an administration job with the women's basketball team at Philadelphia's Temple University, a path that led her to the very center of Bill Cosby's world.
ROBERT HUBER, WRITER-AT-LARGE, PHILADELPHIA MAGAZINE: He grew up in the projects of Philadelphia and he was revered in Philadelphia.
CASAREZ: Revered for becoming the first black actor to have a leading role in a television show. For creating children's shows like "Fat Albert" which mixed life lessons with laughs.
And he was revered for his role as Dr. Heathcliff Huxtable, the wise and wise cracking father of five on the mega-hit sitcom of the 1980s, "the Cosby show."
BILL COSBY, ACTOR: My office.
UNIDENTIFIED MALE: What do you do?
COSBY: I'm a doctor for women.
UNIDENTIFIED MALE: What do you do with them?
CASAREZ: A program that at its height of popularity was watched by 30 million people each week. The show gave him a large, loyal following and the persona of America's dad.
COSBY: You were dealing drugs to each other!
CASAREZ: A role which would continue to play until after the show was over.
COSBY: Our children are learning to disrespect the female.
CASAREZ: Preaching morals and advice to low-income black Americans.
COSBY: We have got to respect her. CASAREZ: Urging them to better themselves through education and
COSBY: I wouldn't do that if I were you.
CASAREZ: He did more than lecture, becoming a vocal, visible supporter of historically black colleges and universities.
COSBY: I'm not going to cut slack because of your color. You are strong people.
UNIDENTIFIED MALE: Hey, hey, hey!
CASAREZ: But when it came to colleges, Temple, his alma mater, held a special place in his heart.
HUBER: Temple was huge for him. He was a big backer of Temple sports. He eventually, when he became Bill Cosby, became a member of the board. He gave a lot of money to temple.
CASAREZ: And that's where Cosby met Andrea Constand, following a Temple woman's basketball game in 2002.
PARSONS: I remember Andrea telling me that she had met Bill Cosby. We watched "the Cosby show" as kids and I loved the show, and I just thought, wow! That's so lucky.
CASAREZ: Did she ever talk about that Bill Cosby seem to have a particular interest in her and her career?
PARSONS: No. No, she didn't. No. We didn't really talk about him a lot. I think she definitely -- she looked at him as a mentor, and as, you know, a nice man, but more of a father figure.
CASAREZ: By early 2004, Constand had decided basketball management wasn't for her, and she was considering her next career move.
GRAHAM BOWLEY, INVESTIGATIVE REPORTER, THE NEW YORK TIMES: She seemed to be at a crossroads in her life. She was deciding whether to stay at Temple or move back to Canada.
CASAREZ: In the middle of her decision making, Constand spoke with Cosby on the phone. He invited her over to talk. She says she expected advice and a conversation, both Cosby and Constand agree a lot more than talk happened that night.
[20:12:13] CASAREZ (voice-over): Basketball and Temple University were what Bill Cosby and Andrea Constand had in common when they met in 2002. Constand says she trusted Cosby, considered him a mentor, and visited his home outside of Philadelphia a handful of times. Did Andrea ever, at the time, talk to you about going to his house at
PARSONS: Yes. I actually thought, you know, it's really nice that she has met someone who is such a nice man and is helping her out.
CASAREZ: Andrea Constand visited Bill Cosby's house despite the fact that court documents show a troubling moment when Constand says Cosby quote "touched my leg and inner thigh."
Why do you think she went back?
PARSONS: I don't know, Jean. There is a part of me that says we grew up, our family values, you trust people.
CASAREZ: And she wanted his advice. By 2004, she was ready to quit her job with Temple's women's basketball team and return home to Toronto to study massage. She says Bill Cosby knew she was making life changes when he called her and invited her over to talk about them.
BOWLEY: She comes as a friend seeking help. She is trying to decide where her career goes next.
CASAREZ: She arrived, she says, some time after 8:00 p.m. Cosby says they discussed the fact that she couldn't sleep. That her eyeballs were moving whenever she tried to sleep. He then gave her some pills he said would help her unwind. He will later claim they were Benadryl, an over-the-counter allergy medicine he says he takes to relax.
BOWLEY: From her point of view, these are far stronger than Benadryl.
PARSONS: She said that her speech was impaired. She said her legs felt wobbly, and she said that she just knew she had to lie down, and she said that Bill Cosby helped her to the couch.
CASAREZ: This is what she said to you when she first opened up?
DIAN MOSKOVITZ, SENIOR EDITOR, DEADSPIN: She says he touched her breasts. He touched her vagina and eventually he digitally penetrated her and the whole time she was semi-conscious.
CASAREZ: Bill Cosby agrees there was sexual contact that night, but says it was all part of a romantic relationship, that Andrea was awake and never told him to stop.
Constand says there was no romantic relationship, no consent. She says she awoke on Bill Cosby's couch around 4:00 a.m. She claims Cosby was standing nearby and offered her a muffin. She says she took a bit of it and left.
His house, the school, the country. She returned home to Toronto to study massage therapy, and told nobody about that night until she confided in her mother Gianna in January 2005, a full year later.
How did you find out?
[20:15:51] PARSONS: My mom found me and she just said, you know what, Diana? Something happened with Andrea and Bill Cosby, and, I said, OK. We'll have to talk about it later. I was at work and I was shocked.
CASAREZ: So was Constand's mother Gianna who supported her daughter Andrea while she did something nobody had done before her, file a report against Bill Cosby and follow it through.
UNIDENTIFIED FEMALE: The woman said that she was touched inappropriately.
CASAREZ: Any forensic evidence that might have existed on Constand or in Cosby's home would likely be gone.
And less than a month after the criminal investigation started, the district attorney ended it, issuing a press release saying there was quote "insufficient credible and admissible evidence to prosecute Bill Cosby."
BOWMAN: And I became enraged.
CASAREZ: Enraged because Barbara Bowman says what happened to Constand happened to her in the mid-'80s when she was an 18-year-old aspiring actress and Bill Cosby was her mentor.
BOWMAN: Come on up to Colorado's favorite ski resort.
CASAREZ: She says he invited her to his New York Brownstone to practice and have dinner.
BOWMAN: I'm sipping on my wine and we finished dinner, and I just sort of got this haze, and then -- blank. And came to in the bathroom throwing up in the toilet. And he's right here and the robe is -- it's tied, but it's open, and the Boxer shorts are open and his penis is out. And it was very clear to me that my body was not in the same shape it was in when I got there.
CASAREZ: She tried to get help, but says nobody would listen. Not even an attorney.
BOWMAN: He didn't believe me. He was, like, come on. Are you kidding me? That's Bill Cosby you are talking about and laughed me out of the office.
CASAREZ: For 20 years there was little Barbara Bowman could do. Then she heard about Andrea Constand. In 2005, the former basketball player filed a case in civil court after the D.A. refused to press criminal charges against Cosby.
BOWMAN: I said I will do whatever it takes to let people know that that woman is telling the truth. When I finally got in touch with her attorney and said, my name is Barbara Bowman, and it happened to me, too. And she told me you are not the only one. I was the third, and there were two others before me. Then I found out there were ten more.
CASAREZ: Team Cosby has always strongly denied all allegations. But Andrea Constand's attorneys were determined the women be heard, petitioning the court to allow all 13 to tell their stories at trial.
BOWMAN: All of us were willing to testify.
CASAREZ: But the women never took the stand. The case never went to trial. Cosby sat for a deposition, but settled with Constand in the summer of 2006.
BOWLEY: The deposition is sealed. There's some sort of financial agreement.
CASAREZ: And that was pretty much the end of the story for a decade until a male comic got up on a stage in Philadelphia and told what was supposed to be a joke.
[20:20:02] UNIDENTIFIED MALE: Bill Cosby has the (bleep) smuggest old black man persona that I hate.
[20:23:57] UNIDENTIFIED MALE: Ladies and gentlemen, please welcome Bill Cosby.
CASAREZ: 2014, and Bill Cosby was touring, taping a Netflix special and negotiating a new sitcom with NBC. All that activity made him fodder for a comedian named Hannibal Burress.
HANNIBAL BURRESS, COMEDIAN: Pull your pants up, black people. I can talk down to you because I had a successful sitcom.
CASAREZ: That's Burress performing at this club in Bill Cosby's Philadelphia in October 2014.
BURESS: Yes, but you rape women, Bill Cosby so turn the crazy down a couple of notches.
HUBER: There is a Philadelphia magazine blogger in the audience. He videotapes it, he puts it online, and then it immediately goes viral.
CASAREZ: People were googling it.
HUBER: Between reading it and sharing it.
CASAREZ: And then Barbara Bowman stepped back into the middle of it all, writing an op-ed that questioned why it took a man to shine a light on accusations she had been making for years? It opened the floodgates. [20:25:08] UNIDENTIFIED FEMALE: He is known as America's dad. Now
accused of multiple sex assaults.
BETH FERRIER, COSBY ACCUSER: Skirts undone, underwear torn.
THOMAS: He was naked. I was clothed.
UNIDENTIFIED MALE: Another woman has come forward saying that Bill Cosby sexually assaulted her.
UNIDENTIFIED FEMALE: And he opened his fly and he forced me to perform oral sex.
LINDA KIRKPATRICK, COSBY ACCUSER: Cosby was on top of me, kissing me forcefully.
REBECCA LYNN NEAL, COSBY ACCUSER: And he started taking my pants down and I said what are you doing? Stop! And he started having sex with me.
ASHLEIGH BANFIELD, HLN HOST: The stories just keep coming.
FERRIER: He hurt me in the most wicked, horrible way.
CASAREZ: Cosby has refused to talk about the allegations. At the time the women were making them, his lawyers issued this statement.
These brand-new claims about alleged decades-old events are becoming increasingly ridiculous and it is completely illogical that so many people have said nothing, done nothing and made no reports to law enforcement or asserted civil claims.
Cosby's attorneys have denied all the allegations.
THOMAS: It's what they are hired to do. Even if you don't believe to the letter of what every woman is saying, really, do you believe that there's absolutely nothing that this man has done with all of these stories, so similar?
CASAREZ: Among the similarities --
UNIDENTIFIED FEMALE: He must have put something in my drink.
CASAREZ: Claims of tainted drinks.
THOMAS: He brought me a glass of white wine. Just sip on it.
FERRIER: He said I made you your favorite drink.
CASAREZ: And mentoring relationships that turned manipulative, like those alleged by Barbara Bowman, Andrea Constand and an artist named Lily Bernard.
BERNARD: I trusted him. Completely trusted him.
CASAREZ: She was a young actress. BERNARD: Hello?
CASAREZ: When Cosby took notice.
BERNARD: And then he began mentoring me, mentoring me.
CASAREZ: Bernard says what felt normal at first was actually manipulative.
BERNARD: He asked me to tell him everything about myself.
CASAREZ: She says she told him she'd been physically abused as a child.
BERNARD: I did not know that he was just trying to find my vulnerability so he could exploit them. I just thought he cared so much about me.
CASAREZ: Bernard says Cosby raped her in Atlantic city in the summer of 1990. She claims he gave her a beverage and she passed out shortly afterwards.
BERNARD: I'm already going in and out of consciousness and I opened my eye, the room is spinning, everything is dizzy. I see Bill Cosby's face here. I see his brown chest over here. I was lying on my back and he was on top of me, you know. But it just -- there was a shaft inside of my vagina pushing.
CASAREZ: Afterwards, reeling and traumatized, she says she chose to block it out.
BERNARD: And I made a conscious decision right there, this doesn't happened. And I totally blocked it out. And this, I know this is hard for people to understand, you know, unless you are a trauma survivor.
CASAREZ: Bernard says Cosby raped her a second time in Las Vegas.
UNIDENTIFIED FEMALE: Action!
CASAREZ: Where he had promised her a meeting with producers for his hit series "a Different World."
When she arrived, she says there were no producers, but there were beverages.
BERNARD: He said I got you your sparkle apple cider. He says drink up, Bernard, you know. Drink up.
CASAREZ: She says she passed out.
BERNARD: When he was raping me and I was telling him to stop, no, stop. I was screaming. I remember he put his hand on my mouth and he was yelling at me, shut up, Bernard, shut up! Shut up! And he took the pillow and started pushing it against my face. That was a moment that I thought I was going to die of suffocation. CASAREZ: This time, she says, she couldn't block out what happened so
she says she did something else.
BERNARD: I made a decision to never be alone in a room with him again.
CASAREZ: But that didn't mean the young actress was going to give up on getting what she says he promised her. A guest spot on his mega- hit sitcom, "the Cosby show."
[20:30:19] JEAN CASAREZ, CNN CORRESPONDENT: This is Bill Cosby's brownstone, the place Lili Bernard said she realized Cosby was a pre- meditated rapist.
LILI BERNARD, RAPE ACCUSER TO BILL COSBY: And Bill Cosby called me to inform me that I had to come to his house and accept a phone call.
CASAREZ: She says it was supposed to be a phone call about a guest spot on "The Cosby Show," but she now believes it was a ruse to sexually assault her.
BERNARD: I turned around, and there he is seated and his pants were open. He grabbed my hands and he put them on his penis. I told him, "I can't do this. Stop it."
CASAREZ: Devastated and sobbing, she says he handed her some apple cider.
BERNARD: Very quickly, like, within 15 minutes my body began feeling heavy, like lead.
CASAREZ: A feeling, she says, followed by a realization.
BERNARD: At that point, I was triggered to remember that this happened to me in Atlantic City. It happened in Las Vegas. That moment was critical for me because at that moment, I realized, wow, this was premeditated. He drugged me and he drugged me in Atlantic City, he drugged me in Las Vegas, he drugged me now.
I began yelling at him. I started saying I'm going to go to the police and he was telling me told me the minute that I go to the police, that he's going to go to the police station after me and file a police report against me for false accusation and defamation.
CASAREZ: Despite her condition.
BERNARD: I staggered up the stairs. I began walking that way.
CASAREZ: Bernard say she managed to hail a cab home and buzzed her boyfriend, now husband.
BERNARD: I said I need help. Help, come down now. CASAREZ: She says they went up the steps and decided together they had no choice, but to stay quiet.
[20:35:10] BERNARD: He had made it very clear that he was going to blacklist me. That he was going to tell people that I was a slut and a whore and a no-good talent.
CASAREZ: If somebody said to you out there, it consensual.
BERNARD: That's baloney.
CASAREZ: And there are people who back what she says. Deborah Gregory was a friend Bernard says she confided it in back in 1992.
DEBORAH GREGORY, FRIEND OF LILI BERNARD: I never heard anyone in my life say these words to me. She said he drugged and raped me. So that's something you don't forget.
NANCI BROWN, LILI BERNARD'S FORMER AGENT: I remember really emphatically wanting to go to the police, and her emphatically not wanting me to go.
CASAREZ: Nanci Brown was Bernard's agent at the time, and a few weeks after the alleged incident, Brown called Bernard with some stunning news. Bernard had booked "THE COSBY SHOW".
BILL COSBY, AMERICAN COMEDIAN: When the contractions reach eight minutes apart, that's when you call me. Now, what did I just say?
BERNARD: Call you every eight minutes.
CASAREZ: The episode aired in January of 1992. Cosby's team has declined to comment on any of Bernard's claims.
DON LEMON, CNN ANCHOR: Breaking news, a stunning admission from Bill Cosby.
ERIN BURNETT, CNN ANCHOR: Admitting under oath he gave drugs to at least one woman before having sex with her.
CASAREZ: In July of 2015, Bernard got a bit of validation from an unexpected place, a newly available transcript of Cosby's decade-old deposition in the Andrea Constand civil case. A news organization had asked a federal judge to unseal the document and a ruling led to its release.
In the 2005 deposition, Constand's attorney asked Cosby about another woman's claim that he gave her Quaaludes in Las Vegas. Quote, "When you got the Quaaludes, was it in your mind that you were going to use the Quaaludes for young women that you wanted to have sex with?" "Yes," Cosby answered.
ROBERT HUBER, FEATURES EDITOR, PHILADELPHIA MAGAZINE: Some people looked at that as a kind of smoking gun. There are the drugs he procured for sex.
BERNARD: My first thought is that that was an admission.
CASAREZ: It's not that simple. Cosby's lawyers quickly objected and Cosby claimed he misunderstood the question. Woman, he corrected, not women, referring, he insisted to the woman he met in Las Vegas who he says consented to taking the powerful sedative. The deposition was a bomb, and it set off another.
UNIDENTIFIED MALE: Mr. Cosby, anything you want to say?
KEVIN STEELE, DISTRICT ATTORNEY, MONTGOMERY COUNTY, PENNSYLVANIA: We are here to announce today charges that have just been filed against William Henry Cosby.
CASAREZ: December 30, 2015, just weeks before the 12-year statute of limitations was set to expire in the Andrea Constand case, the case prosecutors declined to pursue in 2005, America's dad, Bill Cosby, was arraigned on three felony counts of aggravated indecent assault against Constand.
CASAREZ: What was new?
GRAHAM BOWLEY, INVESTIGATIVE REPORTER, THE NEW YORK TIMES: Two things had changed. The great wave of complaints by other women, many more than they'd been aware of a decade earlier and two, the deposition. The deposition is very key because it's his own words.
UNIDENTIFIED MALE: Mr. Cosby, anything to say?
CASAREZ: What happened that day?
BRIAN MCMONAGLE, ATTORNEY OF BILL COSBY: I got a call from the district attorney indicating that they wanted him to surrender.
CASAREZ: Attorney Brian McMonagle was representing Bill Cosby in this case. He spoke exclusively with CNN last spring.
MCMONAGLE: We had to within a span of a couple of hours, get Mr. Cosby up, get him to Philadelphia and then get him to a district justice.
CASAREZ: How did you decide to actually accept the case because this was a drug-facilitated sexual assault case? Did you pause at all?
MCMONAGLE: I never pause when I have the opportunity to defend someone like him who maintains his innocence, who, from the beginning, has assured me that I'll be able to represent him and do so with dignity.
CASAREZ: Up next. So you believe they had a romantic relationship?
MCMONAGLE: I don't think there's any doubt about that.
[20:40:43] UNIDENTIFIED FEMALE: Andrea was actually about 16 years old when she told us that she was gay.
(COMMERCIAL BREAK) CASAREZ: Despite dozens of accusations of sexual assault, Bill Cosby never had to defend himself in criminal court until last spring, June 5th, 2017. America's dad arrived with one of his TV daughters to face three counts of aggravated indecent assault, accused of drugging Andrea Constand in 2004 and assaulting her while she was unconscious.
EMILIE LOUNSBERRY, COVERED BILL COSBY TRIAL FOR VARIETY: He pretty much sat there and was very quiet and subdued. He was not the funny comedian or entertainer. He was this aging figure who was really in the midst of the fight of his life.
CASAREZ: The star witness, of course, was Constand.
DIANA PARSONS, ANDREA CONSTAND'S OLDER SISTER: I remember telling her to just be very calm when she goes on the stand and she said, oh, I know.
CASAREZ: Constand appeared calm during two days of testimony about what she says happened in January of 2004 after she arrived at Bill Cosby's home outside Philadelphia.
LOUNSBERRY: Andrea says that he offered her three blue pills that would help her to relax.
CASAREZ: I said, "What are they? Are they natural? Are they herbal?" "And he nodded yes with his head," she told the court. He said, "Put them down. They're your friends. They'll take the edge off," she testified.
[20:45:04] What was it like for you to sit in the courtroom and watch Andrea testify?
PARSONS: It was -- it was hard, but I was so proud of her.
CASAREZ: The defense agreed there was sexual contact between Cosby and Constand, but insisted it was consensual.
So you believe they had a romantic relationship?
MCMONAGLE: I don't think there's any doubt about that fact. The testimony in this trial was that that Miss Constand had been to his home on a couple of different occasions, that there had been romantic settings, romantic interludes.
CASAREZ: Constand testified the relationship was not romantic. He was a temple friend, she said, somebody I trusted, a mentor. As for the romantic interludes McMonagle says happened, Constand insisted, they were passes from Cosby that she rebuffed which makes sense to Diana parsons who says her sister has no interest in romantic interludes with men.
PARSONS: Andrea was actually about 16 years old when she told us that she was gay.
CASAREZ: The judge ruled pre-trial not to allow in information about Constand's sexuality. PARSONS: When she was a young teenager and once she was a bit older, she did have a couple of experiences with men. I wonder sometimes if maybe it was her trying to sort of make sure that, like, OK. That's it. I'm definitely gay.
CASAREZ: Cosby's attorneys used phone records to try to prove a romantic relationship pointing to more than 50 calls Constand made to Cosby after the alleged assault and before March 31st when Constand left temple.
MCMONAGLE: I found it to be the game changer. There were calls after the so-called sexual encounter. There was call after call after call after call.
CASAREZ: Constand testified she was just returning calls from Cosby, a temple trustee.
LOUNSBERRY: Andrea contended that because of Cosby's importance to temple that she couldn't ignore his phone calls.
CASAREZ: The jury also heard from a woman named Kelly Johnson who was an assistant to one of Mr. Cosby's agents. Johnson testified that Cosby drugged and sexually assaulted her, too, in California in 1996.
KELLY JOHNSON, ACCUSED BILL COSBY ASSAULTED HER: He told me I needed to relax, and he offered me a large, white pill. He was insistent, and I felt intimidated. I asked him what it was. He said, "Would I give you anything that would hurt you? Trust me."
CASAREZ: The prosecution wanted 13 women who say that Cosby drugged and sexually assaulted them to testify. It was to demonstrate Cosby had a plan of attack he used over and over again. The judge allowed only one, Johnson.
JOHNSON: I remember waking up in a bed with Mr. Cosby naked beneath his open robe.
CASAREZ: The defense tried to discredit Johnson's story by pointing out that she testified she took a big, white pill in 1996, but had said previously the incident happened in 1990.
The dates were strange, the flip-flop on the dates.
MCMONAGLE: Yes, they were.
CASAREZ: But strikingly similar allegations, one on the west coast, one on the east coast. The two didn't know each other. It was well before Andrea Constand, did that give you pause at all?
MCMONAGLE: It told me what I already knew from reading Mr. Cosby's depositions which is that there were various times in his relationships with other women that he acted outside of his marriage, and that they were consensual encounters according to him with other women where there were, at times, pills used.
CASAREZ: Cosby did not testify at trial, but the prosecution did have his words. They were allowed to introduce the deposition from the 2005 civil suit where Bill Cosby admitted to getting prescriptions for Quaaludes to give to women for sex.
[20:50:46] The entire trial took 36 hours. Deliberations were nearly twice as long.
UNIDENTIFIED MALE: Good morning, Mr. Bill Cosby.
CASAREZ: For six days, 12 jurors and six alternates listened to lawyers lay out and refute the case against Bill Cosby. They then tried for another six to get a verdict.
UNIDENTIFIED MALE: From my point of view it was right up the middle.
CASAREZ: That's a juror who didn't want his identity revealed.
UNIDENTIFIED MALE: There was a 10-2 vote near the end of one count but as soon as the foreman announced a vote, three of the people jumped up and wanted to change their votes so putting it back -- I think back to the middle.
CASAREZ: So on Saturday morning, June 17th --
FREDRICKA WHITFIELD, CNN ANCHOR: We're following this breaking news on the Bill Cosby case, a judge declaring a mistrial.
CASAREZ: A mistrial.
LOUNSBERRY: Mr. Cosby just sat there looking somber and a bit shocked. I don't know shocked at the outcome or just shocked at the stress of being in that particular situation at the age of 79.
CASAREZ: The district attorney immediately announced he would retry the case and shortly after that, the world heard a letter from Cosby's wife Camille, read by a spokesperson.
[20:55:09] UNIDENTIFIED FEMALE: How do I describe the district attorney? Heinously and exploitively ambitious. How do I describe the judge? Overtly arrogant and collaborating with the district attorney.
CASAREZ: Camille Cosby may not have liked the D.A. or the judge, but her husband is going to have to face them again. His retrial is getting under way. And there are some similarities between the two trials but you can expect many, many differences. First difference, defense attorney Brian McMonagle is gone. Replaced by an import from Los Angeles named Tom Mesereau. The attorney who got Michael Jackson cleared of child molestation charges in 2005.
TOM MESEREAU, ATTORNEY OF BILL COSBY: I never met Mr. Cosby.
CASAREZ: Back in December of 2015 on CNN, Mesereau gave his expert opinion about how he would cross-examine Andrea Constand if he was Cosby's lawyer. MESEREAU: The first thing I would ask her would be, what's more important to you, money or principle? Did you take money and walk away confidentially or did you take this to a jury and do it publicly?
CASAREZ: Andrea Constand settled her 2005 civil suit for an undisclosed sum and while Cosby's last defense team did not bring that into court, Mesereau has made it very clear he will do just that. It is part of a strategy he previewed at pretrial hearings. He will tell jurors Constand fabricated her story to make money.
LOUNSBERRY: I think that she is in for a much more vigorous cross- examination and that Mesereau will definitely try to portray her in a most unflattering way.
CASAREZ: As part of that plan, he wants to call a woman named Marguerite Jackson as a witness. She is a Temple employee who claims sometime between 2002 and 2006 Constand said she could make up a story about a celebrity drugging and assaulting her. Jackson says Constand told her, "I could say it happened, file charges, and get money."
UNIDENTIFIED MALE: Mr. Cosby, what do you have to say?
CASAREZ: She wasn't allowed to testify the first time around. The prosecution, too, is asking to do some things differently this second time. Last time, the commonwealth requested 13 Cosby accusers be allowed to take the stand. The judge allowed one. This time they requested 19 women. The judge ruled five may take the stand. We don't know his reasoning but a recent Pennsylvania Supreme Court decision seems to allow for the doctrine of chances. The idea is the more accusations with strikingly similar details, the less likely the defendant's behavior is unintentional. It is all based on probability.
Another difference? It's been only eight months since the last Cosby trial but it's a different world.
LOUNSBERRY: The atmosphere has shifted. It's not very favorable time to be defending yourself against accusations of sexual assault.
CASAREZ: Favorable time or not, Bill Cosby's fate will be decided by another jury.
Do you want to see Cosby convicted?
BERNARD: Of course, yes, I do.
CASAREZ: And you want him to go to prison?
BERNARD: Yes, I want him to go to prison, absolutely. Absolutely.
CASAREZ: However this second trial ends, Cosby's legacy has already been changed forever.
What will his legacy be?
MCMONAGLE: It depends who you ask. In my mind, he's the greatest comedian of all time. In my mind, he's someone who climbed from nothing to the top of the world and yet when he got there, he reminded himself that he had to drop the ladder down and let other people climb up it.
CASAREZ: What should the legacy of Bill Cosby be?
HEIDI THOMAS, BILL COSBY ACCUSER: Oh, wow, complicated. I looked up to him because he's brilliant, he's hysterically funny. He finds what is real and he finds the humor in it. He uses that same intelligence as a predator so what is his legacy? For me, he is a brilliant predator. That's how I will remember him.
[21:00:58] I don't know how other people will.