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Topless protester charges at Bill Cosby as retrial begins

A topless protester with 鈥淲omen鈥檚 Lives Matters鈥 charged at Bill Cosby Monday
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Bill Cosby, center, leaves hearings for jury selection in his sexual assault retrial with spokesperson Andrew Wyatt, second right, Thursday, April 5, 2018, at the Montgomery County Courthouse in Norristown, Pa. (AP Photo/Mel Evans)

A topless protester with 鈥淲omen鈥檚 Lives Matters鈥 written on her body in red ink charged at Bill Cosby Monday as he walked into a suburban Philadelphia courthouse for the start of his sexual assault retrial.

The woman jumped over a barricade and launched toward Cosby but was intercepted by sheriff鈥檚 deputies. She was taken into custody and led away in handcuffs.

Cosby seemed startled by the commotion as protesters chanted at him, but was not touched and is uninjured.

The unidentified woman was among about a half dozen people chanting in support of Cosby鈥檚 accuser. She had 鈥淲omen鈥檚 Lives Matters鈥 written in red ink on her chest and stomach along with other phrases in black and red all over her body.

Opening arguments are scheduled to begin Monday morning and prosecutors have lined up a parade of accusers to make the case that the man revered as 鈥淎merica鈥檚 Dad鈥 lived a double life as one of Hollywood鈥檚 biggest predators.

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Cosby鈥檚 retrial likely won鈥檛 be anything like his first one. He鈥檚 fighting back with a new, high-profile lawyer and an aggressive strategy: attacking Andrea Constand as a greedy liar and casting the other women testifying as bandwagon accusers looking for a share of the spotlight.

鈥淵ou鈥檝e seen previews and coming attractions, but things have changed,鈥 said professor Laurie Levenson of Loyola Law School in Los Angeles.

Cosby鈥檚 first trial last spring ended in a cliffhanger, with jurors unable to reach a unanimous verdict after five days of tense deliberations on charges that the man who made millions of viewers laugh as wise and understanding Dr. Cliff Huxtable on 鈥淭he Cosby Show鈥 drugged and molested Constand at his suburban Philadelphia home in 2004.

The 80-year-old comedian, who has said the sexual contact was consensual, faces three counts of aggravated indecent assault, each punishable by up to 10 years in prison. Opening statements are scheduled to begin Monday in a suburban Philadelphia courtroom.

His retrial is taking place in a radically changed and potentially more hostile environment. The #MeToo movement caught fire four months after the first trial, raising awareness of sexual misconduct as it toppled Harvey Weinstein, Sen. Al Franken, Matt Lauer and other powerful men.

Nearly every potential juror questioned for the case this time knew about #MeToo.

Kristen Houser of the National Sexual Violence Resource Center said that could help prosecutors overcome the skepticism some jurors had last time about Constand鈥檚 yearlong wait to report her allegations to the police.

鈥淭he #MeToo movement is amplifying what experts have been saying for decades: People are ashamed, they鈥檙e confused, they can鈥檛 believe somebody they trust would hurt them, and then they worry that others won鈥檛 believe them,鈥 Houser said.

After limiting the focus of the first trial, Judge Steven O鈥橬eill has been willing to let both sides push the retrial well beyond Constand鈥檚 allegations.

This time, O鈥橬eill is letting prosecutors have five additional accusers testify 鈥 including model Janice Dickinson 鈥 as they attempt to show Cosby made a habit of drugging and violating women. The judge allowed just one other accuser to take the stand last time.

鈥淭his one will be harder for the defence,鈥 Levenson said. This time, Constand 鈥渋s not alone, and there is strength in numbers.鈥

In another difference, the judge this time is letting Cosby鈥檚 legal team call as a witness a former co-worker of Constand鈥檚 at Temple University who said Constand spoke of setting up a 鈥渉igh-profile person鈥 so she could sue and enjoy a big payday. Constand鈥檚 lawyer has said the co-worker is lying.

The judge also decided the jury can hear the answer to one of the biggest questions hanging over the case: How much did Cosby pay Constand to settle her lawsuit against him more than a decade ago? The two sides agreed at the first trial not to mention the lawsuit.

Cosby lawyer Tom Mesereau, who won an acquittal in Michael Jackson鈥檚 2005 child molestation case, said the jury will learn 鈥渏ust how greedy鈥 Constand was.

In a twist, the judge hinted that he might not allow jurors to hear Cosby鈥檚 lurid deposition testimony about giving quaaludes to women before sex. He said he would rule on it during the trial. Cosby testified in 2005 and 2006 as part of Constand鈥檚 lawsuit.

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Cosby did not take the stand at the first trial and is unlikely to do so this time.

Opening statements could be delayed while O鈥橬eill sorts out allegations raised late Friday that a juror was heard saying he thought Cosby was guilty. Cosby鈥檚 lawyers want the man questioned and removed from the case. They also want other jurors questioned to see if they were influenced by the man鈥檚 alleged comment. Before being picked, all jurors swear under oath that they would be fair and impartial.

The Associated Press does not typically identify people who say they are victims of sexual assault unless they grant permission, which Constand and Dickinson have done.

Over the past few years, about 60 women have come forward with allegations against Cosby dating to the 1960s. Netflix shelved his comedy special, NBC scrapped plans for a new sitcom, and reruns of 鈥淭he Cosby Show鈥 were pulled from the air.

Cosby has performed only once since ending a tour amid hecklers and protests in May 2015. He joked at a surprise Philadelphia jazz club appearance in January that he 鈥渦sed to be a comedian.鈥

Even if Cosby is acquitted, he will never win back his reputation, crisis communications expert David La Torre said.

鈥淚n some cases, being tried in the court of public opinion is far more damaging than the court of law,鈥 La Torre said. 鈥淭hat鈥檚 certainly the case here.鈥

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Michael R. Sisak, The Associated Press

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