Bill Cosby's attorneys filed a motion asking that a recording of a phone call between him and the mother of his accuser be suppressed as evidence in the sexual assault case against him, saying that the call was recorded in violation of Pennsylvania law.
Cosby's attorneys filed the motion asking that the Jan. 17, 2005 phone conversation between him and Gianna Constand, Andrea Constand's mother, be suppressed because it was "obtained in violation of Pennsylvania's Wiretapping and Electronic Surveillance Control Act."
The motion says that Andrea Constand told her mother in January 2005 that Cosby assaulted her in winter 2004, and that Gianna Constand contacted Cosby by phone at his Elkins Park home. She and Cosby spoke at length on the phone on Jan. 16, 2005, discussing the alleged sexual assault of Andrea Constand, according to the motion.
The motion goes on to say that Cosby called Gianna Constand again from his Elkins Park home on Jan. 17, 2005, and that, "Unbeknownst to Mr. Cosby, Mrs. Constand recorded the telephone call without his consent."
It's unclear when the Montgomery County Court of Common Pleas will hear arguments on the motion. Cosby's next court appearance, for a pre-trial conference, is scheduled for Sept. 6.
He is charged with aggravated indecent assault without consent, aggravated indecent assault of a person unconscious or unaware and aggravated indecent assault of an impaired person, according to his court docket.
