Comedian Bill Cosby is unable to defend himself against claims of sexual assault because he is “legally blind” and his memory has significantly declined over the last decade. His attorneys filed a 13-page brief Thursday in Pennsylvania and said the 79-year-old man cannot even identify those who accuse him.
The filing by attorneys Brian McMonagle and Angela Agrusa reads that Cosby is registered with the Massachusetts Commission for the Blind, as reported by People. In July, The New York Post revealed that the comedian was “completely blind” and in “his own personal hell.”
The brief states that it is impossible for the comedian to know whether he has ever seen some of his accusers or gather exculpatory evidence without his eyesight.
“How can a 79-year-old blind man defend himself against a claim that he sexually assaulted someone he supposedly met once, half a century ago?” states the brief, according to People.
Cosby will provide a medical report to the court at the pretrial scheduled for Tuesday, as NBC reported. A copy of the report will be introduced at Tuesday’s hearing on the case, in which his attorneys are expected to deal with his pre-trial issue. It will be determined whether his depositions in a 2006 civil suit can be used as evidence and whether 13 other women who accuse him of sexual assault can be allowed to testify at his trial.
Andrea Constand is the only woman on the list of Cosby’s accusers who had made progress in her claims
The Cosby Show star was charged in December with three counts of aggravated indecent assault stemming from a 2004 incident in which former Temple University employee Andrea Constand claims that she was drugged and violated by the comedian.
The incident allegedly took place in Cosby’s mansion in Pennsylvania. The comedian has pleaded not guilty to any of those charges and denied the other claims from more than 50 women.
A year later, Constand went to authorities in 2005, but the Montgomery County District declined to file criminal charges. However, the comedian’s attorneys have argued that the lengthy delay in arresting him has resulted in a violation of his due process rights and claimed his case should be dismissed, as reported by People.
More recently, the comedian’s defense team reacted after Montgomery Attorney Kevin Steele claimed that the celebrity’s depositions contained three new parts of the story, including that Constand’s allegations included “digital penetration.”
While Steele argued that it was a fundamental piece of information previously unknown that represented a crucial element for the felony charges, the defense claimed that the state had known every bit of information in 2005.
Steele has not released any update to the media but his client’s trial is set to start in June.