IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA CRIMINAL DIVISION : : : : :

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1 Montgomery County Clerk of Courts Received 3/22/ :26 PM IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA v. WILLIAM H. COSBY, JR. : : : : : NO. CP-46-CR SUPPLEMENT TO MOTION IN LIMINE TO ADMIT TESTIMONY REGARDING ANDREA CONSTAND S PRIOR STATEMENT ADMITTING SHE INTENDED TO FABRICATE A CLAIM OF SEXUAL ASSAULT INTRODUCTION As fully briefed in the Defense Motion to Admit Testimony Regarding Andrea Constand s Prior Statement, Marguerite (Margo) Jackson s testimony is admissible as substantive evidence that goes to Ms. Constand s state of mind. Pa. R. Evid. 803(3). The conversation between Ms. Jackson and Ms. Constand clearly happened before Ms. Constand followed through with her plan and filed her civil complaint against Mr. Cosby. Thus, Ms. Jackson s testimony establishes that Ms. Constand declared her intent to fabricate a claim of sexual assault, which is admissible evidence that she actually did so. See In re Estate of Maddi, 167 A.3d 818, 827 (Pa. Super. 2017). This testimony is also admissible as evidence to impeach Ms. Constand s credibility pursuant to Pa. R. Evid. 607 and 613. See Commonwealth v. Birch, 616 A.2d 977, 978 (Pa. 1992). It is relevant and admissible as impeachment evidence first, under Rule 607(b) because Ms. Constand admitted to lying about having been sexually assaulted and admitted to plans to file false charges, and second, under Rule 613(a) because it directly contradicts Ms. Constand s prior statement under oath that she did not know Ms. Jackson. Now, a further basis for admitting evidence regarding Ms. Constand s statement to Ms. Jackson has emerged. In the face of evidence that she perjured herself in the previous trial

2 in this matter, discovery just produced to the defense reveals that Ms. Constand has modified her statement to now admit that she recalls a Margo. This statement serves as an additional basis under Rule 613(a) to impeach Ms. Constand s credibility and further underscores the importance and clear relevance of Ms. Jackson s testimony to do so. ARGUMENT Ms. Constand s recent revelation that she now recalls a Margo makes Ms. Jackson s testimony all the more probative as it further undercuts both Ms. Constand s credibility as a whole as well as the Commonwealth s assertion that it did not believe Ms. Jackson and therefore failed to investigate her claims. In addition to establishing Ms. Constand s motive to lie, Ms. Jackson s testimony that she knew Ms. Constand, and the support from other witnesses confirming this, destroys Andrea Constand s credibility this alone justifies admission of her testimony. Commonwealth v. Reed, 644 A.2d 1223, 1228 (Pa. Super. 1994) (a defendant must be given wide latitude to challenge a witness s credibility.) In testifying in the previous trial that she did not know Ms. Jackson when asked if she knew a woman named Margo Jackson, (Exhibit A) Ms. Constand perjured herself, and the jury needs to understand why she did so. The fact that Ms. Constand now tries to back out of those perjured statements by indicating that she recalls a Margo further destroys her credibility, as it demonstrates the ongoing evolution of her story to fit her claim. Statements from Karen Williams, who was, and still is, the Facilities Operations Manager of Temple University Women s basketball indicate that Ms. Williams knew Ms. Constand well and that it was very clear that [Ms. Constand] was pursuing [Mr. Cosby]. (See Exhibit B.) Ms. Williams statements also confirm that Ms. Constand knew and worked with Ms. Jackson. (See Exhibit C.) Statements made by Pamela Gray, the travel secretary for the Women s 2

3 basketball team, further discredit Ms. Constand s sworn statement that she did not know Ms. Jackson. (See Exhibit D.) Ms. Gray has stated that Ms. Constand handled travel arrangements and room assignments for the basketball team. As such, it would have been Ms. Constand that paired herself to room with Ms. Jackson when the team traveled. (See Exhibit D.) Ms. Gray also stated that she believes that Ms. Constand was lying when she indicated that she did not know Ms. Jackson. (See Exhibit D.) Employment records from Temple University support these statements and reflect that Ms. Jackson and Ms. Constand worked together on the women s basketball team. (See Exhibit E.) This new evidence demonstrates the additional relevance of Ms. Jackson s testimony to impeach Ms. Constand. The evidence shows that Ms. Constand was lying when she said she did not know Margo Jackson, and the fact of her previous lie is itself sufficient to undermine her credibility. And when the substance of her statement to Ms. Jackson is revealed, it becomes clear why she lied about not knowing Ms. Jackson because she knew she had made statements to Ms. Jackson that reflected her motive and plan to lie about being sexually assaulted. CONCLUSION Based on the arguments fully briefed in the Motion to Admit Testimony Regarding Andrea Constand s Prior Statement and the arguments and evidence supplemented here, Mr. Cosby requests the Court enter an order that Andrea Constand may be cross-examined on her relationship with and statements to Marguerite Jackson and that evidence may be introduced regarding Ms. Constand s relationship with and statements to Marguerite Jackson. 3

4 Dated: March 22, 2018 Respectfully submitted, By: /s/ Lane L. Vines Lane L. Vines (Pa. Bar No ) BERGER & MONTAGUE, P.C Locust St. Philadelphia, PA Tel.: Thomas Mesereau, Jr. (pro hac vice) MESEREAU LAW GROUP Santa Monica Blvd., Suite 300 Los Angeles, CA Tel.: Kathleen Bliss (pro hac vice) Jason Hicks (pro hac vice) KATHLEEN BLISS LAW PLLC 1070 W. Horizon Ridge Pkwy., Suite 202 Henderson, NV Tel.: Becky S. James (pro hac vice) GREENBERG GROSS LLP 601 S. Figueroa St., 30 th Floor Los Angeles, CA Tel.: Attorneys for Defendant William H. Cosby, Jr. 4

5 PUBLIC ACCESS POLICY CERTIFICATION I, Lane L. Vines, certify that this filing complies with the provisions of the Public Access Policy of the Uniform Judicial Systems of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents. Dated: March 22, 2018 /s/ Lane L. Vines Lane L. Vines 5

6 EXHIBIT A

7 1 ANDREA CONSTAND - CROSS 91 2 Q And that is your signature on the various forms 3 that were submitted? 4 5 A Q Yes. And these are true and correct copies of your 6 7 expense reports for the time period submitted to Temple? 8 9 A Q Yes, ma'am. Miss Constand, when you traveled to the away games while you were director of basketball operations, did you know or work with a woman named Margo Jackson? 12 A Her name sounds familiar, but I don't really 13 remember her Q A Maybe you know her by the name Margaret Jackson. I'm not sure. Did we travel with her regularly? Q Do you remember traveling with her in the 2003, 2002 time frame? 18 A No MS. FEDEN: Your Honor, I would object. She's already answered she doesn't know this person. THE WITNESS: I don't know her. THE COURT: She doesn't know her. THE WITNESS: I don't remember her. BY MS. AGRUSA: 25 Q So you don't know whether she was a student

8 1 2 ANDREA CONSTAND - CROSS advisor at the athletic program, do you? 92 3 A No Q So you don't remember any occasion on which -- MS. FEDEN: Objection, Your Honor. THE COURT: You asked her and she said she doesn't know her, so let's move on. BY MS. AGRUSA: 9 Q Yesterday, Miss Constand, you said you couldn't recall the volume of conversations that you had with Mr. Cosby after the incident that you testified to. 12 A That's true Q I'd like to direct your attention to Exhibit C-10 and in particular what we'll mark as Defendant's Exhibit 14 which is an excerpt from there. THE COURT: So you're taking an excerpt from the stipulation which was C-10 and now making it D-14? MS. AGRUSA: Yes, Your Honor. And we are, once again, talking about telephone records. (Temple University Nextel phone bill dated marked Defendant's Exhibit D-14 for identification.) THE COURT: I have C-10 and this is now D-14.

9 EXHIBIT B

14 EXHIBIT C

15 Scott I. Ross (818) Private Investigations PI 9827 Attorney Client Privileged Communication To: T. Mesereau, Esq. From: SR Client: WHC Date: 1/13/18 Subject: Karen Williams Information Karen Williams MEMORANDUM Ms. Williams was interviewed at Temple University in the women s basketball office on 1/12/18. Also present were attorneys Becky James, Jason Hicks and Kathleen Bliss. Ms. Williams is a graduate of Temple 1 and an employee for the past 30 years and is currently the facilities manager. When Andrea Constand started with the Owls in 2002, Ms. Williams was in the process of resurrecting the women s locker room at Liacouras Center, under the direction of [then] head coach Dawn Staley. 2 Ms. Williams said she and Andrea Constand locked horns regarding the way the project was to be completed. According to Ms. Williams, she was dealing directly with Ms. Staley and Ms. Constand was trying to get the locker room done in a manner that was in contrast to what Ms. Williams believed Ms. Staley wanted. Ms. Williams also indicated she did not like Ms. Constand and tried not to deal with her if she did not have to. 3 Ms. Williams added she did not travel with the team, but that Ms. Constand did, and part of Ms. Constand s job was to arrange travel. Ms. Williams was not aware as to why Constand left, but believed Ms. Staley fired her. Ms. Williams said she had a good relationship with Mr. Cosby and that he had vision issues back when Ms. Constand was first present. Ms. Williams added she did not know 1 Class of Ms. Williams added Ms. Staley was also playing in the WBA at the time. 3 Ms. Williams related a story that she had an ongoing issue with Ms. Constand s parking while games were going on. According to Ms. Williams, Ms. Constand used to park in the loading dock where there was a specified parking spot for Ms. Staley, in Ms. Williams belief, that Ms. Constand believed she was in a position of authority. 535 North Brand Blvd., Suite 500, Glendale, California 91203

16 Page 2 anything about Mr. Cosby and any relationship with Ms. Constand and did not pay any attention to Ms. Constand. Ms. Williams was aware that Mr. Cosby would come to the games with a driver she believed to be Bill Green, but added that Md. Cosby would watch the games with Temple executives like Peter Licourious or John Cheney. Ms. Williams was not aware that Ms. Constand had talked to Mr. Cosby about a new bus for the women s basketball team. Ms. Williams known Margo Jackson. She described Ms. Jackson as an academic advisor for the university. She was aware that the academic advisors traveled with the teams. Ms. Williams had overheard a conversation from Ms. Constand that she was looking to start her own business, but was not aware of the nature of that business. She believed that conversation took place between Ms. Constand and Lisa Boyer, assistant coach to Dawn Staley, and a graduate worker names Amy (possibly Stiles). Ms. Williams was offered a ride home once from Ms. Constand. She believed that Ms. Constand wanted to talk to her about why they didn t get along. Ms. Williams said she just listened to Ms. Constand but was more concerned about the Candle that Ms. Constand had burning in her car than the conversation itself. She was aware that Ms. Constand lived in Ms. Staley s building and that both Jina Mosely, whom Ms. Constand replaced, and Natalia Isaac both worked with Margo Jackson. Follow up: March 2, 2018 Ms. Williams was re-interviewed briefly for the possible testimony at the March 5, 2018 hearing. In that conversation, I confirmed with Ms. Williams that she could confirm that Ms. Constand knew and worked with Marguerite Margo Jackson. Ms. Williams was served with the order to appear on March 5, North Brand Blvd., Suite 500, Glendale, California 91203

17 EXHIBIT D

18 Scott I. Ross (818) Private Investigations PI 9827 Attorney Client Privileged Communication To: T. Mesereau, Esq. From: SR Client: WHC Date: 3/15/18 Subject: Pamela Gray - Young Information Pamela Gray - Young MEMORANDUM Ms. Gray Young was interviewed at her residence. Also present were attorneys Lane Vines and Kathleen Bliss. In the season of Temple University , Ms. Gray was the travel secretary for the Owls. Ms. Gray was responsible for the travel arrangement for the coaching staff as well as handling the personal costs/ reimbursement of the coaching staff only. Ms. Gray indicated that she would make the travel arrangements when coaching staff would go out to look at high school athletes and prospective students they were interested in recruiting for Temple as well as the coaching staff travel to and from regularly scheduled games. She would then arrange for and get paid all of the reimbursement for the coaching staff only. When asked about the team s travel, Ms. Gray indicated that all of that was arranged by Ms. Constand as Ms. Gray handled only the coaching staff. Ms. Gray confirmed that in an attempt to save money, other than the coaches, all of the travelling staff and players were assigned rooms with roommates and this was done by Ms. Constand during that time period Ms. Constand was in charge. Additionally, Ms. Gray said it would have been Ms. Constand that would have paired herself with Ms. Jackson, also believing that Ms. Constand was lying when she indicated she did not know Margo Jackson. Ms. Gray did not travel with the team, but knew that Ms. Constand and Margo Jackson did as part of their job function. Follow up: March 2, 2018 Ms. Gray was served with a subpoena for testimony at the March 5, 2018 hearing. 535 North Brand Blvd., Suite 500, Glendale, California 91203

19 EXHIBIT E

Case 3:07-cr KC Document 574 Filed 01/12/11 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS. Case No.

Case 3:07-cr KC Document 574 Filed 01/12/11 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS. Case No. Case 3:07-cr-00087-KC Document 574 Filed 01/12/11 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS THE UNITED STATES OF AMERICA, Plaintiff, v. LUIS POSADA CARRILES, Defendant.