Following a first trial that ended in a deadlocked jury, Bill Cosby's sexual assault retrial began on Monday morning as the first big celebrity court case since the #MeToo movement saw dozens of men ousted from Hollywood.
Prosecutors have lined up a parade of accusers to make their case that the man once revered as "America's Dad" lived a double life as one of Hollywood's biggest predators.
Cosby's team, including a new, high-profile lawyer, is expected to paint Andrea Constand as a greedy liar and casting the other women testifying as bandwagon accusers looking for a share of the spotlight.
As members of the defense and prosecution entered the courthouse, a group of protesters could be heard chanting, "Justice for survivors. Justice for Andrea."
A different group answered with chants of "Free Bill."
Cosby arrived at the courthouse just after 8:30 a.m. ET, wearing a black suit as the rivaling groups of protesters reached a fever pitch.
As Cosby approached the building, a topless woman jumped the barricade cordoning off protesters, stopping the 80-year-old in his tracks. The woman was tackled by police officers seconds after crossing the barrier and detained.
"You've seen previews and coming attractions, but things have changed," said professor Laurie Levenson of Loyola Law School in Los Angeles.
Opening statements slated for Monday morning were delayed after attorneys were summoned to the judge's chambers to discuss a non-selected jury member who claimed a selected jury member said he believed Cosby is guilty.
The juror will be interviewed by the court to determine if he can move forward as part of an impartial trial.
Cosby's first trial last spring ended in a cliffhanger, with jurors unable to reach a unanimous verdict after five days of tense deliberations on charges that the man who made millions of viewers laugh as wise and understanding Dr. Cliff Huxtable on "The Cosby Show" drugged and molested Constand at his suburban Philadelphia home in 2004.
After limiting the focus of the first trial, Judge Steven O'Neill has been willing to let both sides push the retrial well beyond Constand's allegations.
This time, O'Neill is letting prosecutors have five additional accusers testify — including model Janice Dickinson — as they attempt to show Cosby made a habit of drugging and violating women. The judge allowed just one other accuser to take the stand last time. Over the past few years, about 60 women have come forward with allegations against Cosby dating to the 1960s.
"This one will be harder for the defense," Levenson said. This time, Constand "is not alone, and there is strength in numbers."
The comedian, who has said the sexual contact was consensual, faces three counts of aggravated indecent assault — each punishable by up to 10 years in prison.
His retrial is taking place in a radically changed and potentially more hostile environment. Months after the first trial, the #MeToo movement caught fire, raising awareness of sexual misconduct as it toppled Harvey Weinstein, Sen. Al Franken, Matt Lauer and other powerful men.
Nearly every potential juror questioned for the case this time knew about #MeToo.
Kristen Houser of the National Sexual Violence Resource Center said that could help prosecutors overcome the skepticism some jurors had last time about Constand's yearlong wait to report her allegations to the police.
Related
"The #MeToo movement is amplifying what experts have been saying for decades: People are ashamed, they're confused, they can't believe somebody they trust would hurt them, and then they worry that others won't believe them," Houser said.
The judge has decided the jury can hear the answer to one of the biggest questions hanging over the case: How much did Cosby pay Constand to settle her lawsuit against him more than a decade ago? The two sides agreed at the first trial not to mention the lawsuit.
The judge also decided that this time Cosby's legal team can call as a witness Constand's former co-worker of at Temple University who said Constand spoke of setting up a "high-profile person" so she could sue and enjoy a big payday. Constand's lawyer has said the co-worker is lying.
Cosby lawyer Tom Mesereau, who won an acquittal in Michael Jackson's 2005 child molestation case, said the jury will learn "just how greedy" Constand was.
Related
In a twist, the judge hinted that he might not allow jurors to hear Cosby's lurid deposition testimony about giving quaaludes to women before sex. He said he would rule on it during the trial. Cosby testified in 2005 and 2006 as part of Constand's lawsuit.
Cosby did not take the stand at the first trial and is unlikely to do so this time.