"If the obstacles of the prosecution at the first trial related to the credibility of the survivor and why Bill Cosby would act this way, then I think the #MeToo movement has provided a cultural context and validation of Constand's account", Medwed said.
Cosby's defense has laid out their plan to portray the accuser as a greedy liar who framed the comedian to get rich. Marguerite Jackson worked with the Temple University women's basketball team at the same time as Constand; her testimony was barred from Cosby's first trial.
Jackson was initially not permitted to testify during the first trial after Constand claimed to not know her.
According to early reports, seven jurors have already been selected for the trial as of today. He said he wouldn't rule on that until it was brought up at the retrial.
While these rulings have bolstered Cosby's chances of winning this case, jury selection has become a daunting hurdle that the defense team must overcome. Cosby swung his cane and said, "Good morning, good morning", as he walked into the courtroom.
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One was seated Monday, and two more jurors were picked Tuesday.
Judge Steven O'Neill announced last week that he would not recuse himself from the case after the defense pointed out a potential for him to be swayed by his wife's work as an advocate for victims of sexual assault. However, in recent years, nearly 60 women have come forward and accused the now 80-year-old comedian of inappropriate behavior that began as far back as the 1960s.
More than half of the 120 potential jurors being questioned in Bill Cosby's sexual assault retrial say they've already formed an opinion about the comedian's guilt or innocence.
Almost everyone else in the initial jury pool of 120 suburban Philadelphia residents indicated they knew about the charges against Cosby - including the two women picked Tuesday.
About 125 prospective jurors filled out a standard questionnaire ahead of time, answering questions about their background and their ability to be impartial. A second large group of potential jurors was also brought in Tuesday, in case the sides ran out of jurors from the first group.
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The jury questioning revealed some potential witnesses, including Dawn Staley, the SC women's basketball coach who was Ms Constand's boss at Temple, Temple board President Patrick O'Connor, who represented Cosby in Ms Constand's 2005-06 lawsuit against him, and Judge Risa Vetri Ferman, the former district attorney who charged Cosby just before she left office in 2015.
Montgomery County President Judge Thomas DelRicci said he would schedule a hearing on the news media's request.
Constand is a former Temple employee who alleges Cosby drugged and sexually assaulted her in his Montgomery County home in 2004.
"The Cosby Show" star maintained that the encounter was consensual.
Page Six said that 120 people were questioned in total on Monday and only one person said they were unaware of the #MeToo movement, a national conversation about sexual harassment and assault. More than 40 women have accused the 80 year old entertainer of sexual assault. More than 180 potential jurors were summoned to the courthouse Monday.
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At a hearing last month, Cosby lawyer Becky James argued it would be hard to find an impartial jury in this climate: "There's no way we will get a jury that hasn't heard these allegations against not just Mr. Cosby but many other celebrities". He also ruled that the jury can hear the amount of the settlement that Cosby reached with his accuser.