Bill Cosby files motion to suppress recorded phone call

2nd Annual CASA of Los Angeles Evening to Foster Dreams Gala honoring Bill Cosby. (Guillermo Proano/

Embattled comedian and actor Bill Cosby has filed a motion to prevent jurors from hearing a taped conversation between him and his sexual assault accuser Andrea Constand's mother.

"The Cosby Show" star is facing felony charges of aggravated indecent assault, amid allegations he drugged and sexually assaulted former Temple University employee Constand at his home in Pennsylvania in 2004.

On Wednesday, Cosby alleged a conversation between him and Constand's mother was illegally recorded following the attack.

According to, Cosby made the phone call from his home in Cheltenham, Pennsylvania. The state's laws require both parties to be aware of a recorded call.

There were allegedly two calls made from the 79-year-old to Gianna Constand. In one of the calls, Cosby allegedly apologized for the attack and in the other he reportedly offered to pay for Andrea's schooling.

The comedian allegedly told investigators he apologized to coddle Gianna and maintained his encounter with Andrea was consensual.

The one recorded phone call was used as evidence in the prosecutor's case against Cosby, but his lawyers argue it cannot be included because it violates Pennsylvania law. However, Constand's attorneys contend the evidence is legal because the call was recorded from her home in Ontario and Canadian law allows one-party consent.

In February, Montgomery County district attorney Bruce L. Castor testified he decided not to use the recording in 2005 because he concluded it was obtained illegally.

"If we used them, we would be violating the statute that says that you can't use illegally intercepted wire communications," he said.

The veteran comedian has been accused of rape, drugging and/or performing inappropriate sex acts by over 50 women. He has denied all allegations.

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