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Attorneys representing disgraced actor Invoice Cosby used what has been nicknamed the “Donkey Kong defense” through the ongoing civil trial towards the actor, who has been accused of sexually assaulting a 16-year-old woman on the playboy mansion in 1975.
The “Donkey Kong defense” got here into play towards on Monday, when Cosby’s legal professional pressed a key witness over earlier statements that she had performed the arcade sport throughout a go to with Cosby to the Playboy Mansion in 1975, six years earlier than its launch. The testimony got here within the Los Angeles County trial over the lawsuit of Judy Huth, who additionally started testifying Monday, however didn’t but describe her allegation that Cosby sexually assaulted her on the Playboy Mansion when she was 16. Cosby denies her allegations.
Cosby was not required to attend the trial.
Donna Samuelson, a highschool buddy of Huth’s who accompanied her and Cosby on a go to to the mansion, returned to the stand Monday, testifying concerning the sport room with an adjoining bed room the place Huth says Cosby compelled her to carry out a intercourse act.
“You testified multiple times that you were playing Donkey Kong,” Cosby legal professional Jennifer Bonjean instructed Samuelson, referring to a 2014 police interview and a 2016 deposition in Huth’s case.
“If I did, I did,” Samuelson stated. “I understand it wasn’t around yet.”
Bonjean performed a clip from the deposition, wherein Samuelson referred to the sport a number of instances.
Requested Monday to elucidate the discrepancy, Samuelson answered, “I got the name wrong. I just kept saying that because it was a game. It could have been Atari.”
She additionally stated she was taking part in the sport when Cosby got here up behind her and put his palms on her shoulders earlier than she shook them off.
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Bonjean confirmed Samuelson and the jury a photograph of the sport room taken in 2016, the place a Donkey Kong sport may very well be seen, and requested whether or not related images taken years after 1975 may have affected her reminiscence and testimony.
Samuelson replied that she hadn’t seen such a picture till the 2016 picture was proven to her in court docket throughout her testimony final week.
Huth’s legal professional, Nathan Goldberg warned jurors throughout his opening statements that they might be listening to “the Donkey Kong defense” from Cosby’s attorneys.
“So she got the name wrong,” Goldberg stated, “so what?”
Bonjean embraced the time period in her opening, saying Huth’s related prior statements about Samuelson taking part in the sport, and images displaying it within the room later, have been proof that the 2 girls have been coordinating a false story.
Huth, 64, briefly took the stand late Monday, recalling the spring day in 1975 when she and Samuelson took her brother’s canine to play frisbee at Lacy Park in San Marino, California, a spot they frequented. She stated they observed a manufacturing was taking place there that might change into a shoot for the movie “Let’s Do It Again.” They noticed stars Sidney Poitier, Jimmie Walker and Cosby, Huth stated.
She remembered whispering, “That’s Bill Cosby” to Samuelson, and Cosby playfully mimicking her whisper and pretending to be holding a leash of his personal canine.
She testified that after chatting for some time, Cosby invited them to a watch him play tennis at a Los Angeles membership the next Saturday. Huth stated they have been “excited, because we were kids, and he was a celebrity. It was out of the norm, that was for sure.”
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The women met Cosby on the membership, the place they briefly watched him play tennis then went to the native home the place he was staying. There, Cosby allegedly prompt they play a sport of pool, and prompt the stakes.
“He said for every game I lose I have to drink a beer, and for every game he loses he has to drink a beer,” Huth testified.
Huth stated she had between one and three beers.
“I’m sure I felt the effects of the alcohol,” she stated.
After about an hour, Cosby stated he had a shock for them, and so they adopted him in Samuelson’s Mustang to a gate, the place the 2 vehicles have been let in, Huth stated. They parked and walked right into a sport room, the place Buck Owens, nation star and host of the TV present “Hee Haw,” was capturing pool, however left after a couple of minutes, Huth stated.
She stated she realized she was on the Playboy Mansion when she noticed a drawing on the wall that was signed, “To Hugh,” slowly realizing that it referred to Playboy founder Hugh Hefner.
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Requested by her legal professional what her response to being there was, she responded solely with, “Wow.”
She was proven a photograph taken by Samuelson inside the sport room.
“That’s me and Bill Cosby, she said.”
The image, important to Huth’s case, has already been proven to jurors a number of instances. It exhibits Cosby sporting a purple beanie and smiling subsequent to the teenage Huth.
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Cosby’s attorneys acknowledge that he took the ladies to the mansion, however deny any intercourse assault occurred. They’ve described Huth’s lawsuit as a scheme to money in on the images that have been taken that day.
They beforehand argued that Huth was really 18 when the mansion go to occurred, which might make any violation considerably much less critical underneath California legislation.
Cosby’s attorneys haven’t stated what proof they’ll use to display this, and emphasize the burden is on the plaintiffs to show when the go to occurred.
Huth allegedly modified her recollection of occasions simply weeks earlier than her trial, after proof uncovered by her attorneys led them to consider she met Cosby on the film set in 1975, when she was 16, not in late 1973 or early 1974, when she was 15.
The Related Press contributed to this report.