Bill Cosby is making another desperate move to help win his upcoming sexual assault trial. The actor’s attorneys are asking the judge to exclude any evidence from trial regarding his decade-old civil settlement with Andrea Constand.
“Cosby submits the following motion to exclude any evidence of and concerning the October 2006 confidential settlement agreement entered into between Andrea Constand and Mr. Cosby,” court papers obtained from Court of Common Pleas of Montgomery County by the Montgomery County Courthouse read.
The October 2006 civil suit alleged claims for battery, sexual assault and .
“The Settlement Agreement and negotiations regarding the Settlement Agreement are inadmissible pursuant to Pennsylvania Rule of Evidence, which requires the exclusion of settlement agreements and settlement negotiations when offered to prove the validity of the disputed claim,” the papers continued.
The Cosby Show actor’s team fears the settlement will cause “unfair prejudice,” as the jury may see it as a “confession of liability or guilt.”
The latest filing comes one day after Cosby, 79, asked the judge prevent jurors from hearing the actor admit to giving women Quaaludes, alcohol or pills before sex in a 2005 disposition. He also offered money for an educational fund.
“The testimony about Quaaludes and the alleged provision of money or educational funds is quintessentially the kind of evidence that causes ‘unfair prejudice,'” Cosby’s lawyers wrote before the hearing on Monday, the Daily News reported.
Because Common Pleas Judge Steven O’Neill ruled most of them can’t testify, the defense believes the testimony should be excluded too.
Cosby was charged with drugging and molesting Constand in 2004.
Although dozens more made similar allegations against Cosby, O’Neill will only allow one to testify. The woman, who has not yet come forward, claims she was drugged and assaulted in 1996.
Cosby pled not guilty to the charges. The trial will kick off on June 5.
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