Prosecutors want testimony of 19 other accusers for Cosby retrial

Jan 18 (Reuters) - Pennsylvania prosecutors on Thursday asked the judge who will preside over the second sexual assault trial of actor Bill Cosby to allow the testimony of 19 other accusers, including 12 women who were not allowed testify in the entertainer's first trial.

Cosby, 80, is scheduled go to trial on April 2 on charges that he sexually assaulted Andrea Constand at his home in the Philadelphia suburb of Cheltenham in January 2004, after drugging her and rendering her incapacitated.

Constand worked with the women’s basketball team at Temple University, where Cosby, a university alumnus, befriended her.

His first trial ended in a mistrial last June when a jury was unable to reach a verdict after deliberating for five days.

34 PHOTOS
Bill Cosby through the years
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Bill Cosby through the years
July 1973: The actor, Bill Cosby, in Perth. (Photo by Hulton Archive/Getty Images)
NEW YORK, NY - JANUARY 16: Actor Bill Cosby leaves his New York City home accompanied by his wife, Camille (L,) and a young woman with her hands over her face, believed to be one of his four daughters, enroute to Los Angeles, CA, 16 January 1997 after his son Enis William Cosby was found shot to death along a California freeway. The young Cosby, 28, was found in a pool of blood after he stopped to change a flat tire. (Photo credit should read BOB STRONG/AFP/Getty Images)
WASHINGTON, : Actor and comedian Bill Cosby (R) and his wife Camille arrive at the White House 06 December for a reception prior to being honored at the 21st annual national Kennedy Center Honors. Cosby and the other honorees will be saluted later 06 December at a performance in the Kennedy Center's Opera House. AFP PHOTO/CHRIS KLEPONIS (Photo credit should read CHRIS KLEPONIS/AFP/Getty Images)
NEW YORK, UNITED STATES: Co-hosts Oprah Winfrey and Bill Cosby joke with each other during the opening of the 2000 Essence Awards 14 April, 2000 at Radio City Music Hall in New York City. Actor Danny Glover and basketball star Michael Jordan were two of the honorees at the ceremonies sponsored by Essence Magazine. AFP PHOTO/Matt CAMPBELL (Photo credit should read MATT CAMPBELL/AFP/Getty Images)
386603 06: Rachel Robinson and Actor Bill Cosby, who was the Master of Ceremonies, share a moment March 12, 2001 at The Jackie Robinson Foundation 2001 Awards Dinner at The Waldorf Astoria Hotel in New York City. (Photo by George De Sota/Newsmakers)
NEW YORK, UNITED STATES: Actor Bill Cosby arrives at the NBC 75th Anniversary Special at Rockefeller Plaza in New York 05 May 2002. The actual anniversary fell on 15 November, 2001. AFP PHOTO Doug KANTER (Photo credit should read DOUG KANTER/AFP/Getty Images)
WASHINGTON, DC - JULY 9: Actor Comedian Bill Cosby shows off the Presidential Medal of Freedom he received from U.S. President George W. Bush during a ceremony July 9, 2002 at the White House in Washington, DC. The medal is the highest civilian award given to those who have made meritorious contributions to the security or national interests of the United States, to world peace, or to cultural or other significant public or private endeavors. (Photo by Mark Wilson/Getty Images)
PHILIDELPHIA - MAY 22: Comedian and member of the Board of Trustees of Temple University Bill Cosby enters the arena prior to speaking to the graduates of the Class of 2003 at Temple University's commencement ceremony in The Liacouras Center May 22, 2003 in Philadelphia, Pennsylvania. (Photo by Don Murray/Getty Images)
LOS ANGELES - SEPTEMBER 21: Actor Bill Cosby poses backstage with his 'Bob Hope Humanitarian' award during the 55th Annual Primetime Emmy Awards at the Shrine Auditorium September 21, 2003 in Los Angeles, California. (Photo by Carlo Allegri/Getty Images)
PHILADELPHIA - DECEMBER 12: Comedian Bill Cosby introduces the film 'Fat Albert' at Temple University's Liacouras Center for the world premiere of 'Fat Albert' December 12, 2004 in Philadelphia, Pennsylvania. The film, based on Bill Cosby's 'Fat Albert' cartoon series of the 70's, opens nationwide Christmas day. (Photo by William Thomas Cain/Getty Images)
NEW YORK - DECEMBER 11: Comedian Bill Cosby performs at the Apollo Theater on December 11, 2005 In New York City. (Photo by Brad Barket/Getty Images)
WASHINGTON - OCTOBER 14: (AFP OUT) Entertainer Bill Cosby speaks during a taping of 'Meet the Press' at the NBC studios October 14, 2007 in Washington, DC. Cosby spoke on the new book he co-authored 'Come On, People: On the Path from Victims to Victors.' (Photo by Alex Wong/Getty Images for Meet the Press)
NEW YORK - NOVEMBER 19: Bill Cosby arrives at the Esquie Magazine and Village Academies event honoring Bill Cosby at Esquire North November 19, 2007 in New York City. (Photo by Rob Loud/Getty Images)
WASHINGTON - OCTOBER 26: Comedian Bill Cosby poses for photographers at the 12th annual Mark Twain Prize for American Humor at the John F. Kennedy Center on October 26, 2009 in Washington, DC. Cosby is this year's honoree. (Photo by Brendan Hoffman/Getty Images)
NEW YORK - JUNE 08: Bill Cosby and his wife Camille Cosby speak onstage at the Apollo Theater 75th Anniversary Gala at The Apollo Theater on June 8, 2009 in New York City. (Photo by Bryan Bedder/Getty Images)
PHILADELPHIA - APRIL 6: Bill Cosby, Ed.D. poses for pictures before accepting the Marian Anderson Award at a gala concert produced in partnership with The Philadelphia Orchestra April 6, 2010 at the Kimmel Center for the Performing Arts in Philadelphia, Pennsylvania. (Photo by William Thomas Cain/Getty Images)
NEW YORK - MARCH 08: Comedian Bill Cosby attends the Jackie Robinson Foundation Annual Awards Dinner at the The Waldorf Astoria on March 8, 2010 in New York City. (Photo by Bryan Bedder/Getty Images for The Jackie Robinson Foundation)
LAS VEGAS - OCTOBER 09: Actor/comedian Bill Cosby speaks onstage during Andre Agassi Foundation for Education's 15th Grand Slam for Children benefit concert at the Wynn Las Vegas October 9, 2010 in Las Vegas, Nevada. The event raises funds to help improve education for underserved youth in the Las Vegas community. (Photo by Ethan Miller/Getty Images)
NEW YORK, NY - NOVEMBER 02: Comedian Bill Cosby promotes new book 'I Didn't Ask To Be Born: But I'm Glad I Was' at the Barnes & Noble, 5th Avenue on November 2, 2011 in New York City. (Photo by Slaven Vlasic/Getty Images)
NEW YORK, NY - APRIL 10: Bill Cosby accepts the Impact Award for 'The Cosby Show' with (L-R) actor Malcolm-Jamal Warner, presenter Stevie Wonder, actors Raven-Symone and Sabrina LeBeauf onstage at the 9th Annual TV Land Awards at the Javits Center on April 10, 2011 in New York City. (Photo by Larry Busacca/Getty Images)
NEW YORK, NY - MARCH 07: Host Bill Cosby speaks onstage at the 2011 Jackie Robinson Foundation awards gala atThe Waldorf=Astoria on March 7, 2011 in New York City. (Photo by Stephen Lovekin/Getty Images for The Jackie Robinson Foundation)
NEW YORK, NY - MAY 14: Bill Cosby performs during the Screen Gems Presents The Steve & Marjorie Harvey Foundation Gala at Cipriani Wall Street on May 14, 2012 in New York City. (Photo by Dimitrios Kambouris/Getty Images for Steve & Marjorie Harvey Foundation)
BOSTON, MA - SEPTEMBER 13: Actor Bill Cosby gestures to the crowd after throwing out the first pitch prior to the game between the Boston Red Sox and the New York Yankees on September 13, 2012 at Fenway Park in Boston, Massachusetts. (Photo by Jared Wickerham/Getty Images)
NEW YORK, NY - MARCH 05: Bill Cosby hosts the Jackie Robinson Foundation Awards Gala at The Waldorf=Astoria on March 5, 2012 in New York City. (Photo by Stephen Lovekin/Getty Images for The Jackie Robinson Foundation)
BEVERLY HILLS, CA - JUNE 15: Actor/comedian Bill Cosby speaks onstage during the 100th anniversary celebration of the Beverly Hills Hotel & Bungalows supporting the Motion Picture & Television Fund and the American Comedy Fund hosted by Bill Cosby at the Beverly Hills Hotel on June 15, 2012 in Beverly Hills, California. (Photo by Michael Buckner/Getty Images for BHH)
NEW YORK, NY - NOVEMBER 06: Bill Cosby performs at the 7th annual 'Stand Up For Heroes' event at Madison Square Garden on November 6, 2013 in New York City. (Photo by Jemal Countess/Getty Images)
WASHINGTON, DC - AUGUST 22: Bill Cosby speaks during the 55th Anniversary of Ben's Chili Bowl on August 22, 2013 in Washington, DC. (Photo by Kris Connor/Getty Images)
NEW YORK, NY - MARCH 04: Dr. Bill Cosby speaks onstage at the The Jackie Robinson Foundation Annual Awards' Dinner at the Waldorf Astoria Hotel on March 4, 2013 in New York City. (Photo by Stephen Lovekin/Getty Images for The Jackie Robinson Foundation)
LAS VEGAS, NV - SEPTEMBER 26: Comedian/actor Bill Cosby performs at the Treasure Island Hotel & Casino on September 26, 2014 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
NEW YORK, NY - APRIL 26: Comedian Bill Cosby addresses the Press Room during the 2014 American Comedy Awards at Hammerstein Ballroom on April 26, 2014 in New York City. (Photo by Michael Loccisano/Getty Images)
AUSTIN, TX - MARCH 10: Actor/comedian Bill Cosby performs onstage at Funny Or Die Clubhouse + Facebook Pop-Up HQ @ SXSW - Day 2 on March 10, 2014 in Austin, Texas. (Photo by Jonathan Leibson/Getty Images)
NEW YORK, NY - APRIL 26: Comedian Bill Cosby attends 2014 American Comedy Awards at Hammerstein Ballroom on April 26, 2014 in New York City. (Photo by Michael Loccisano/Getty Images)
MELBOURNE, FL - NOVEMBER 21: Actor Bill Cosby performs at the King Center for the Performing Arts on November 21, 2014 in Melbourne, Florida. (Photo by Gerardo Mora/Getty Images)
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In court papers filed on Thursday, Montgomery County District Attorney Kevin Steele asked Judge Steven O'Neill to admit evidence from 19 women regarding Cosby's "prior bad acts," even though it is not directly related to the alleged assault on Constand.

The testimony is relevant, prosecutors argued, because it would enable them to establish that Cosby "who over the course of decades, intentionally intoxicated young women in signature fashion and then sexually assaulted them while they were incapacitated, could not have been mistaken about whether or not Ms. Constand was conscious enough to consent to any sexual contact."

Cosby, who starred in the 1980s TV series “The Cosby Show” and built a long career on family-friendly comedy, has denied assaulting anyone and has portrayed all of the encounters as consensual.

Steele asked O'Neill to allow 13 of the 19 women to testify in the first trial, but the judge denied the request for all but one, Kelley Johnson, who prosecutors said testified to an "eerily similar" encounter with Cosby.

26 PHOTOS
List of accusers against Bill Cosby
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List of accusers against Bill Cosby

Andrea Constand

Date of alleged assault: January 2004
Date of accusation: March 2005

(REUTERS/Mark Blinch)

Linda Ridgeway Whitedeer

Date of alleged assault: Early 1970's
Date of accusation: August 12, 2015

(Photo by MARK RALSTON via AFP/Getty Images)

Former actress Eden Tirl

Date of alleged assault: Early 1970's
Date of accusation: August 12, 2015

(Photo by MARK RALSTON via AFP/Getty Images)

Colleen Hughes

Date of alleged assault: Early 1970's
Date of accusation: August 12, 2015

(Photo by MARK RALSTON via AFP/Getty Images)

Lise-Lotte Lublin

Date of alleged assault: 1989
Date of accusation: February 12, 2015 

(Photo by Frederick M. Brown/Getty Images)

Linda Brown

Date of alleged assault: 1969
Date of accusation: February 12, 2015 i. (Photo by Frederick M. Brown/Getty Images)

Katherine McKee

Date of alleged incident: 1970s
Date of accusation: Dec. 22, 2014

(NY Daily News)

"Lisa"

Date of alleged incident: 1988
Date of accusation: Dec. 19, 2014

(Dr.Phil)

Beverly Johnson

Date of alleged incident: mid-’80s
Date of accusation: Dec. 11, 2014

(Getty)

Jewel Allison

Date of Alleged Assault – late 1980s
Date of Accusation – Nov. 24, 2014

(Photo by Debbie Egan-Chin/NY Daily News via Getty Images)

Linda Joy Traitz

Date of Alleged Assault – 1970s
Date of Accusation – Nov. 22, 2014

(Facebook)

Angela Leslie

Date of Alleged Assault – 1992
Date of Accusation– Nov. 21, 2014

(Facebook)

Victoria Valentino

Date of Alleged Assault – 1970
Date of Accusation – Nov. 21, 2014

(Photo by Marvin Joseph/The Washington Post via Getty Images)

Louisa Moritz

Date of Alleged Assault – 1971
Date of Accusation – Nov. 20, 2014

(Photo by ABC Photo Archives/ABC via Getty Images)

Michelle Hurd

Date of Alleged Assault – mid 1990s
Date of Accusation – Nov. 20, 2014

(Photo by Jason LaVeris/FilmMagic)

Barbara Bowman

Date of Alleged Assault – 1986
Date of Accusation – Nov. 13, 2014

(Getty)

Marcella Tate

Date of Alleged Assault – 1975
Date of Accusation – 2015

(Photo by Kevork Djansezian/Getty Images)

Joan Tarshis

Date of Alleged Assault – 1969
Date of Accusation – 2014

(Matt Moyer For The Washington Post via Getty Images)

Margie Shapiro 

Date of Alleged Assault – Early 1970's
Date of Accusation – 2015

(Photo by Kevork Djansezian/Getty Images)

Lynn Neal

Date of Alleged Assault – 1980's
Date of Accusation – 2015

(Photo by Kevork Djansezian/Getty Images)

Sammie Mays

Date of Alleged Assault – Mid 1980's
Date of Accusation – 2015

(Photo by Noam Galai/Getty Images)

Linda Kirkpatrick

Date of Alleged Assault – 1981
Date of Accusation – 2015

(Photo by Kevork Djansezian/Getty Images)

Janice Baker Kinney

Date of Alleged Assault – 1982
Date of Accusation – 2015

(Photo by Kevork Djansezian/Getty Images)

Kacey

Date of Alleged Assault – Early 1990's
Date of Accusation – 2015

(Photo by Kevork Djansezian/Getty Images)

Autumn Burns

Date of Alleged Assault – 1970
Date of Accusation – 2015

(Photo by Kevork Djansezian/Getty Images)

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The other accusers, whom prosecutors did not identify, would testify to similar encounters, prosecutors said.

In general, a defendant’s prior bad acts are not admissible as evidence that he or she committed a particular crime. Prosecutors, however, are allowed on rare occasions to use evidence or witnesses to prove a defendant committed a crime as part of a longstanding pattern of behavior.

Judges typically weigh the value of such evidence against the possibility that it will unfairly prejudice a jury.

(Reporting by Peter Szekely in New York; Editing by Frank McGurty and Leslie Adler)

21 PHOTOS
Bill Cosby sexual assault trial
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Bill Cosby sexual assault trial
Bill Cosby departs Montgomery County Courthouse after the fifth day of the sexual assault trail in Norristown, Pennsylvania, on June 9, 2017. (Photo by Bastiaan Slabbers/NurPhoto via Getty Images)
NORRISTOWN, PA - JUNE 12: Camille Cosby enters the courtroom for the sexual assault trial of her husband, entertainer Bill Cosby at the Montgomery County Courthouse on June 12, 2017 in in Norristown, Pennsylvania. A former Temple University employee alleges that the entertainer drugged and molested her in 2004 at his home in suburban Philadelphia. More than 40 women have accused the 79-year-old entertainer of sexual assault. (Photo by David Maialetti-Pool/Getty Images)
Bill Cosby arrives at the Montgomery County Courthouse for the fifth day of the sexual assault trail in Norristown, Pennsylvania, on June 9, 2017. For the second day the actor and comedian is accompanied by Joe Tory. (Photo by Bastiaan Slabbers/NurPhoto via Getty Images)
Artist Bird Milliken protests as Bill Cosby departs after the fourth day of the sexual assault trial against him, at Montgomery County Court House, in Norristown, Pennsylvania, on June 8, 2017. (Photo by Bastiaan Slabbers/NurPhoto via Getty Images)
NORRISTOWN, PA - JUNE 8: Attorney Gloria Allred walks out of the courtroom during a break in the sexual assault trial of actor Bill Cosby at the Montgomery County Courthouse on June 8, 2017 in Norristown, Pennsylvania. A former Temple University employee alleges that the entertainer drugged and molested her in 2004 at his home in suburban Philadelphia. More than 40 women have accused the 79-year-old entertainer of sexual assault. (Photo by Eduardo Munoz Alvarez-Pool/Getty Images)
Attorney Gloria Allred speaks to media during a break on the fourth day of the Bill Cosby sexual Assault trial in Morristown, PA, on June 8, 2017. (Photo by Bastiaan Slabbers/NurPhoto via Getty Images)
NORRISTOWN, PA - JUNE 7: Bill Cosby walks outside the courtroom during a break on the third day of his sexual assault trial in the Montgomery County Courthouse June 7, 2017 in Norristown, Pennsylvania. A former Temple University employee alleges that the entertainer drugged and molested her in 2004 at his home in suburban Philadelphia. More than 40 women have accused the 79-year-old entertainer of sexual assault. (Photo by Mark Makela/Getty Images)
NORRISTOWN, PA - JUNE 8: Actor Bill Cosby (R) leaves the courtroom with aide Andrew Wyatt for lunch break in Cosby's trial on sexual assault charges at the Montgomery County Courthouse on June 8, 2017 in Norristown, Pennsylvania. A former Temple University employee alleges that the entertainer drugged and molested her in 2004 at his home in suburban Philadelphia. More than 40 women have accused the 79-year-old entertainer of sexual assault. (Photo by Eduardo Munoz Alvarez-Pool/Getty Images)
NORRISTOWN, PA - JUNE 7: Attorney Gloria Allred arrives at the Montgomery County Courthouse on the third day of the Bill Cosby sexual assault trial June 7, 2017 in Norristown, Pennsylvania. A former Temple University employee alleges that the entertainer drugged and molested her in 2004 at his home in suburban Philadelphia. More than 40 women have accused the 79-year-old entertainer of sexual assault. (Photo by Mark Makela/Getty Images)
NORRISTOWN, PA - JUNE 7: Bill Cosby accuser Andrea Constand arrives at the Montgomery County Courthouse on the third day of Cosby's sexual assault trial June 7, 2017 in Norristown, Pennsylvania. A former Temple University employee alleges that the entertainer drugged and molested her in 2004 at his home in suburban Philadelphia. More than 40 women have accused the 79 year old entertainer of sexual assault. (Photo by Mark Makela/Getty Images)
NORRISTOWN, PA - JUNE 7: Actor Bill Cosby departs for the day after his trial on sexual assault charges at the Montgomery County Courthouse on June 7, 2017 in Norristown, Pennsylvania. A former Temple University employee alleges that the entertainer drugged and molested her in 2004 at his home in suburban Philadelphia. More than 40 women have accused the 79-year-old entertainer of sexual assault. (Photo by Ed Hille-Pool/Getty Images)
NORRISTOWN, PA - JUNE 7: Bill Cosby accuser Andrea Constand arrives at the Montgomery County Courthouse on the third day of Cosby's sexual assault trial June 7, 2017 in Norristown, Pennsylvania. A former Temple University employee alleges that the entertainer drugged and molested her in 2004 at his home in suburban Philadelphia. More than 40 women have accused the 79 year old entertainer of sexual assault. (Photo by Mark Makela/Getty Images)
Cosby Survivor Lili Bernard and supporter Carolin Heldman outside the Cosby sexual assault trial at Montgomery County Courthouse, in Norristown, Pennsylvania, on June 5, 2017. (Photo by Bastiaan Slabbers/NurPhoto via Getty Images)
NORRISTOWN, PA - JUNE 05: Criminal defense attorney Angela Agrusa arrives to the first day of Bill Cosby court trial at Montgomery County Courthouse on June 5, 2017 in Norristown, Pennsylvania. (Photo by Gilbert Carrasquillo/WireImage)
Actor Bill Cosby departs after the first day of the sexual assault trial against him, at Montgomery County Courthouse, in Norristown, Pennsylvania, on June 5, 2017. (Photo by Bastiaan Slabbers/NurPhoto via Getty Images)
NORRISTOWN, PA - JUNE 5: Bill Cosby departs the Montgomery County Courthouse after the opening day of the sexual assault trial June 5, 2017 in Norristown, Pennsylvania. A former Temple University employee alleges that the entertainer drugged and molested her in 2004 at his home in suburban Philadelphia. More than 40 women have accused the 79 year old entertainer of sexual assault. (Photo by Mark Makela/Getty Images)
NORRISTOWN, PA - JUNE 5: Actor Bill Cosby (C) arrives with actress Keshia Knight Pulliam (R) and spokesman Andrew Wyatt for Cosby's trial on sexual assault charges at the Montgomery County Courthouse on June 5, 2017 in Norristown, Pennsylvania. Pennsylvania. A former Temple University employee alleges that the entertainer drugged and molested her in 2004 at his home in suburban Philadelphia. More than 40 women have accused the 79 year old entertainer of sexual assault. (Photo by David Maialetti-Pool/Getty Images)
NORRISTOWN, PA - JUNE 05: Actress Keshia Knight Pulliam is seen leaving the first day of Bill Cosby trial on June 5, 2017 in Norristown, Pennsylvania. (Photo by Gilbert Carrasquillo/WireImage)
NORRISTOWN, PA - JUNE 5: Bill Cosby arrives with actress Keshia Knight Pulliam (R) at the Montgomery County Courthouse before the opening of the sexual assault trial June 5, 2017 in Norristown, Pennsylvania. A former Temple University employee alleges that the entertainer drugged and molested her in 2004 at his home in suburban Philadelphia. More than 40 women have accused the 79 year old entertainer of sexual assault. (Photo by Mark Makela/Getty Images)
Attorney Gloria Allred arrives at the Montgomery County Courthouse for the start day of the sexual assault Trial in Norristown, Pennsylvania, on June 5, 2017. (Photo by Bastiaan Slabbers/NurPhoto via Getty Images)
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