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Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 39 of 80 the assault as a consensual encounter.” /d. “Furthermore,” the court opined, “Ms. Constand did not report the assault until approximately one year later, further supporting the Commonwealth’s need for the evidence.” /d. at 110. With regard to the prejudicial impact of the evidence, the court suggested that it had sufficiently mitigated any potential prejudice when it limited the number of witnesses who could testify (at the second trial) to just five of the nineteen witnesses that the Commonwealth requested. /d. The court noted that it found all nineteen witness’ testimony to be relevant and admissible, but limited the number to five so as to mitigate the prejudice to Cosby. The court added that it gave cautionary instructions on the permissible use of this evidence, designed so as to limit its prejudicial impact. /d. at 110-11. Finally, the trial court rejected Cosby’s challenge to the admissibility of the contents of his deposition testimony to the extent that it concerned his use of Quaaludes in decades past. The court opined that Cosby’s “own words about his use and knowledge of drugs with a depressant effect was relevant to show his intent and motive in giving a depressant to [] Constand.” /d. at 115. Because the evidence demonstrated Cosby’s knowledge of the effects of drugs such as Quaaludes, the court reasoned, Cosby “either knew [Constand] was unconscious, or recklessly disregarded the risk that she could be.” /d. As with the Rule 404(b) witnesses, the court found that any prejudicial effect of this evidence was mitigated by the court’s cautionary instructions. /d. Accordingly, the court trial opined that all of the Rule 404(b) evidence was admissible. At the conclusion of a second jury trial, Cosby was convicted on all three counts of aggravated indecent assault. Following the denial of a number of post-trial motions, the trial court deemed Cosby to be a “sexually violent predator” pursuant to the then- applicable version of the Sex Offender Registration and Notification Act (“SORNA’), 42 Pa.C.S. §§ 9799.10-9799.41. The trial court then sentenced Cosby to three to ten years [J-100-2020] - 38 DOJ-OGR-00004851