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Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 6 of 80
her sudden difficulties, she knew that something was wrong. Cosby tried to reassure her.
He told her that she had to relax. When Constand attempted to stand up, she needed
Cosby’s assistance to steady herself. Cosby guided her to a sofa in another room so that
she could lie down. Constand felt weak and was unable to talk. She started slipping out
of consciousness.
Moments later, Constand came to suddenly, finding Cosby sitting behind her on
the sofa. She remained unable to move or speak. With Constand physically incapable
of stopping Cosby or of telling him to stop, Cosby began fondling her breasts and
penetrating her vagina with his fingers. Cosby then took Constand’s hand and used it to
masturbate himself. At some point, Constand lost consciousness.
When Constand eventually awakened on Cosby’s couch in the early morning
hours, she discovered that her pants were unzipped and that her bra was raised and out
of place. Constand got up, adjusted her clothing, and prepared to leave the residence.
She found Cosby standing in a doorway, wearing a robe and slippers. Cosby told
Constand that there was a muffin and a cup of tea on a table for her. She took a sip of
the tea, broke off a piece of the muffin, and left.
After the January 2004 incident, Constand and Cosby continued to talk over the
telephone about issues involving Temple University athletics. In March of that year,
Cosby invited Constand to dinner at a Philadelphia restaurant. She accepted the
invitation in hopes of confronting Cosby about the January episode, but the two did not
discuss that matter during dinner. Afterward, Cosby invited Constand to his residence.
She agreed. Once there, Constand attempted to broach the subject by asking Cosby to
identify the pills that he had provided to her. She then tried to ask him why he took
advantage of her when she was under the influence of those pills. Cosby was evasive
and would not respond directly. Realizing that Cosby was not going to answer her
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