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September 02, 2016

Report: Will a phone conversation Cosby tried to keep secret be heard at trial?

Montgomery County prosecutors filed a response Thursday to actor/comedian Bill Cosby's motion to suppress a phone conversation between him and Gianna Constand – the mother of a woman he is accused of sexually assaulting. 

Cosby, 79, is accused of sexually assaulting Andrea Constand in 2004. He allegedly offered to pay for Andrea Constand's graduate school costs during the phone conversation. Prosecutors say Cosby suspected he was being recorded, reported

During their exchange, Gianna Constand pressed the actor/comedian, who is now reportedly blind, multiple times to reveal the substance he gave her daughter on the night she reported being drugged and sexually assaulted. He responded: "We can talk about what you asked for later."

District Attorney Kevin Steele filed the response Thursday to argue that the conversation should be heard at trial. reported Friday that it isn't yet known if Judge Steven O'Neill will rule on the matter during a pre-trial hearing Tuesday.

During the phone conversation, Cosby inquired of a "beep" that could be heard in the background. Gianna Constand asked if Cosby would write down the name of the pills he gave her daughter as he had previously indicated to her.

Cosby, who later told police that the pills were allergy medication, continued to change the subject. He said later during a deposition that he dodged the question because he thought the conversation was being recorded. 

The response was filed in an effort to prove that Cosby suspected that the conversation was being recorded. Defense lawyers claim that Cosby didn't know.

The defense contends that a recording without the consent of both parties is illegal in Pennsylvania. Gianna Constand was in Canada, however, where only one party needs to give consent in a recording.

Cosby is charged with aggravated indecent assault which could put him in prison for up to 10 years.