NORRISTOWN, Pa. (CN) — Inconsistencies from the 2005 police report against Bill Cosby will not torpedo the assault case against the comedian's, a Pennsylvania ruled Tuesday.
Wrapping up a nearly four-hour hearing in Montgomery County District Court Tuesday afternoon, Judge Elizabeth McHugh scheduled Cosby to face formal arraignment on July 20 for the aggravated indecent assault of Andrea Constand.
"Based on the evidence, I will hold you, Mr. Cosby, on all charges," McHugh said. "As a result this case will move forward."
Cosby, 78, arrived at Montgomery County District Court this morning in a gray suit and red paisley tie. He waved happily to onlookers at he entered the courthouse.
There was little to smile about in the hearing, however, where Cosby's attorney and prosecutors dissected the Cheltenham police report compiled against Cosby in 2005.
Constand, who met Cosby through her job at Temple University, where Cosby was a trustee, says the comedian drugged and assaulted her at his home one night in January 2004.
In his 2005 statement to police about the encounter, Cosby admitted that he provided Constand with 1.5 pills of over-the counter Benadryl to help her sleep and ease tension.
Cosby did not tell Constand what the pills were, according to the statement, which Cheltenham Police Chief John Norris read on the stand this morning.
District Attorney Kevin Steel told the court the evidence shows "lack of consent."
"Cosby put the pills in her hands and encouraged her to take the 'herbal pills' and drink the wine," Steele said.
As Constand's statement shows, her "legs were wobbly, she was nauseous and dizzy."
"She was unable to consent," Steel told the court. "The victim remembers his [Cosby's] hands moving inside her vagina, but was paralyzed and could not move."
Defense attorney Brian McMonagle meanwhile questioned how such a paralysis could have happened.
"It is undisputed that Cosby gave her Benadryl," McMonagle said.
He said Constand contradicted herself by telling police she was paralyzed but that she also spoke.
"Those are her words, Your Honor, her testimony," McMonagle shouted.
"There is no way in this world that someone who is incapacitated by her own drinking and her own ingestion of pills talks to this guy," the attorney added, pointing at Cosby, "later goes out to dinner with him, and asks him for tickets to a concert."
In his 2005 statement to police, Cosby replied "no" when asked if Andrea asked him to stop, according to the report.
The officers asked if he and Constand ever had sexual intercourse.
"Never," Cosby said, according to the report. "Not asleep or awake."
The police report quotes Cosby as admitting that he also spoke to Constand's mother about the encounter, and that he apologized twice for upsetting her. "What can I do?" he said he asked.
He said the mother told him: "Your apology is enough."
Nevertheless Cosby called back and said he would "pay for graduate school if she kept a 4.0 GPA," he told police in 2005.
Cosby admitted to telling the mother: "I think I gave her some pills."
But he insisted that "there was no penile penetration," according to the police report.
"If anything, there was petting and touching," Cosby added, specifying that the touching was of Constand's breasts and vagina.