Why I believe Dr. Cosby Did Not Give Andrea Constand Any Pills On the Night They Had Sex

No Benadryl

This is from the Montgomery County District Attorney’s Charges against Dr. Cosby: (from http://www.scribd.com/doc/294315078/Criminal-Complaint-William-Cosby)He would have to look at the prescription bottle

Did Dr. Cosby give Andrea Constand pills on the night they had sex? Ms. Constand says yes, albeit she does not know what the pills were. Dr. Cosby says yes, too, in a 2005 deposition saying that they were benadryl. They were both there and they both agreed that Dr. Cosby gave Constand pills.

Although, it is counter-intuitive, I believe there is strong evidence that both are having false recollections or saying false things, and Dr. Cosby did not give Andrea Constand any pills in the night in question.

Andrea Constand’s False Memory

In the case of Andrea Constand, it is easy to see why she falsely remembered getting pills from Cosby. First, it should be mentioned that she was 31 years old, unemployed, and living in her parents’ house. She must have been broke as no 31-year-old sexually active woman would wish to be in her parents’ house unless she lacked funds for an apartment. This is a primary economic reason she might consider a lawsuit against a wealthy man with whom she had consensual sex on one night a year earlier. However, there are also psychological reasons to consider for why she would falsely remember the incidents in question.

She identified herself as a lesbian and yet had sex with a man, a man old enough to be her father. She may even have enjoyed herself. People often have sex and regret it or are repulsed by it later. It is easy to understand why she would not wish to believe that it was something she had consciously wanted or done. It would have threatened her identity as a pure lesbian. The age aspect might have brought up unpleasant even incestuous feelings as well.

She may have also felt cheated, perhaps expecting that Cosby, who was rich, should have given her something, maybe a job offer. She said that she had been unhappy with her job as a daily manager for the Temple Woman’s Basketball Team, which she had been doing for about four years at that point. It did not bring her a step closer to becoming a basketball coach, which was her stated desire when she began.

She felt used by Cosby for not giving her anything in return for the sex and she felt that she had betrayed herself as a committed lesbian. How could she explain what happened without feeling used and embarrassed. The logical solution to her problem was to deny that the sex was consensual. She did not have sex became she wanted to, but because Cosby made her. How did Cosby make her?

She was 5 foot, 11 inches, almost as tall as the 6 foot 1 inch Cosby and being 35 years younger and an excellent athlete, he could not have used physical force and therefore he must have tricked her into the sex. She must not have been in her mind because she is a committed lesbian in a committed lesbian relationship at the time and lesbians do not have sex with men. She must have thought herself out of her mind to do it. How did Cosby get her to be out of her mind? After due consideration, she may have considered that she must have been drugged. This was her logical analysis of what happened to her. The drug must have affected her and made her do something that she would not otherwise have done. If she did not remember why she did it, it was because she had been drugged. Once she knew that she had been drugged, it would be easy for her to imagine and believe Cosby had drugged her.

How do we know that she imagined the drugs and it did not really happen to her? I think it is the inexplicable fact that she imagined Cosby telling her that it was some kind of herbal medicine, but he does not tell her the name. People almost always want to know the name of drugs they take. If the drug doesn’t work, they want to avoid it in the future. If the drug does work, they want to know what it is so they can use it again. Having known him for two years, Constand certainly knew that his Ph.D. degree was in education and he was not a medical doctor. As a professional athlete she must have had an exceptionally good appreciationion for how drugs could affect her body. She must have taken them in her career when injured or not feeling well. If Cosby had given her drugs, there is a great chance she would have asked what it was.

Also, if Cosby did not tell her what it was, she certainly would have asked him what they were when she woke up the next morning. She would have wanted to know if the effect was normal or if her body had reacted in an abnormal manner. If it had “paralyzed” her or made her “dizzy” she certainly would have asked Cosby what it was, at the very least to be able to avoid the drug in the future.

If Cosby had refused to tell her, she would have remembered that too. The fact that she neither asked the name of the drug before or after makes it highly unlikely that she took any drugs at all.

Constand’s mother has testified that Cosby did not tell her the name of the drug when she asked him in telephone conversations a year later. This also seems absurd. Cosby would have immediately told her the name the drug, if it was harmless. If the drug was not harmless, he would have simply made up the name of a harmless drug and told her that. He would have lied to her. Cosby is one of the greatest improv comics in history. It is impossible to believe that he could not have come up with the name of a harmless drug on the spot. Moreover, if someone gives a person drugs, they must expect that the person will ask them “What it is” as is normal. They would prepare an answer in advance. They would say something like “This is Butterbur, it is a purified root extract of Petasites, and it is a kind of natural herbal advil. It has been used in the Balkins for thousands of years. Real doctors are not evasive when it comes to telling people the names of drugs they are giving. Cosby played a doctor for 8 years on television. He certainly knows this.

Thus the reason we can be reasonably certain that the drugging never happened as Constand said was: 1) she did not ask the name of the drug before taking them, 2) she did not ask the name after the allegedly bad effects from the drugs, neither the next morning, nor for a year, 3) Cosby did not tell Constand the name of the drug or anything about it, something he would have done to encourage her to take it. 4) the mother claims Cosby did not tell her the name in telephone calls a year later, something Cosby would have definitely done to sooth her concern whether he had given her harmless or harmful pills.

Bill Cosby’s False Memory

It is easy to see why Constand would falsify the fact that Cosby gave her drugs that night, but why did Cosby believe he had given her drugs that night, and why did he say in his testimony that it was the over-the-counter medicine Benadryl?

The reason for Cosby’s falsification is easy to understand if we put ourselves in his shoes. Suddenly, a year after having consensual sex with a woman, her mother calls you. She starts screaming hysterically that you drugged and raped her daughter and demands an apology. This is either a naturally distraught mother or an extortion attempt, (and Cosby had faced many extortion attempts in his career.) Naturally, you try to calm her down. You tell her that that the sex was consensual and you did not give the woman any drugs. No doubt the woman insists you are lying and you did drug her. You search your memory and you honestly don’t remember very much about the night except the sex. Cosby was 65 years old. I am 62 years old and if anybody asked me about a party I attended a year previously I would be unable to remember many details about it. If someone called me a year later and said that I had given a woman a drink containing a drug at the party or given her pills and something terrible had happened as a result, what could I say, but “I don’t remember.” Even at my age, I am often embarrassed by the things I don’t remember. for a example, a student might tell me that I promised to let them take a test a week later because they were traveling the week of the test. I don’t want to tell the student that I have no recollection of telling them that. It sounds like something I might have done. Rather than fight with the student, I simply say, “Yes I did promise you that.” It is simpler to agree than admit I don’t remember and fight about it.
If the mother insisted that there were witnesses, and I didn’t remember, I would say that I may have done it, but I would insist that the drink or pills were harmless. If she demanded to know the name of the drink or pills. I would say something like, “let me check and I’ll get back to you.” I would check my medicine cabinet and see what pills I had or try to remember what pills I had recently taken that I might have given somebody. I believe we can see the same type of reaction with Cosby.

He probably denied the giving of any drugs in the first two and a half hour phone conversation. Cosby probably assumed that the woman was helping her daughter in an extortion plot against him. It was a natural assumption. At least several woman had done it to him previously. Cosby would have wanted to talk with her about her settlement terms to take back the police charge, He knew the charge was false, but it could damage his reputation. It would have been the simplest, quickest and easiest way to handle the situation. Cosby also probably had good feelings towards Andrea, who was perhaps his last lover outside his marriage. He would perhaps grant her mother an apology of sorts and grant that the sex had happened and he would even grant that he may have given her some pills. These would small sacrifices to have the case settled and over quickly. He was engaged in an important tour at the time trying to tell people how important the family unit was to progress in black communities. The fact that Cosby did not name the pills, according to the mother, is strong evidence that there were no pills. If they were harmless pills, Cosby would have named them. If they were not harmless, he would have lied and said that they were something harmless. The fact that he did not name them, points to him not giving any pills.

It was probably a few days later that Cosby was told that the mother had recorded her telephone conversations with  Cosby was trapped. If she recorded him saying he gave her a drug, he could not deny it in his police interview without looking like a liar. My guess is that the only non-prescription pills he had in the house was Benadryl. He therefore said or may even have believed that he gave her some Benadryl tablets.

The fact both Cosby and Constand did not know the name of the pills is a very strong indication that he did not, in fact, give Andrea Constand any pills when she came over that night.

At one point in the testimony Cosby describes something very strange, the cutting of a pill to make three pills out of the two he gave her. Here is a bit of testimony from the documents released by Judge Robreno in July 2015:

three pills or two

It is hard to believe the claim that he cut one of two pills in half to give to Constand. She was complaining of stress and sleeplessness. She didn’t have a sore throat or trouble swallowing. Being six foot tall, and a normal human being, she should have been easily able to digest the capsules as portrayed in this image.

ng on is that Cosby is trying to reconcile his testimony of two pills with Constand’s description of three pills. He is just trying to recreate the scenario based on what he would have logically done in order for her to believe she had taken three pills. If length of pills was a problem, why not cut both pills and give four parts? This suggests he doesn’t remember giving her the pills at all. Ironically, This suggests he doesn’t remember giving her the pills at all. If he really remembered giving her two pills, he would have stuck with his answer that he gave her two pills and not change his answer to try to make three out of two. He simply would have said that she made a mistake.

Cosby believed Constand’s account of the pills just as he believed Tawana Brawley when she falsely claimed to have been raped in 1988.

.Boston Herald Feb 11 1988Boston Herald, Feb. 8, 1988.

Cosby simply believed Andrea Constand when she said he gave her three pills before sex, not because he remembered it, but because it was part of his natural tendency believe people.

Here are the five facts that make a strong argument for the case that Cosby did not give Constand any pills that night.

1) Constand did not ask the name of the drug before taking them. Getting the name of a pill someone is giving you is not an issue of trust, it is a matter of rational intelligence. Every athlete and college graduate knows the good and bad effects that drugs can have on a person. Constand was 30 years old, not ten years old at the time.

2) She did not ask the name after the allegedly bad effects from the drugs, neither the next morning, nor for a year,

3) Constand claims that Cosby did not tell Constand the name of the drug or anything about it. This is something that he would have done to encourage her to take it if he had actually given her any pills.

4) Constand’s mother claims Cosby did not tell her the name in telephone calls a year later. This is something Cosby would have definitely done to sooth her concern whether he had given her harmless or harmful pills.

5) Cosby absurdly claimed that he cut one of the two pills in half because they were too long. This is highly unlikely and is best explained by the idea that he did not remember giving any pills at all, but reconstructed it based on Constand’s belief that he did.

One should consider how many people incriminate themselves after being interrogated by police, actually believing they did a crime, and then later recant their confession. We should look at the facts and the whole situation to find the truth.

Here is a part of an hilarious comedy routine by Bill Cosby that he did in the concert movie “Bill Cosby: 49”.

Cosby actually has an excellent memory, and the memory lapses that he talks about here are normal. It is also normal is to forget most of the things you did on a typical day a year ago. It is normal to reconstruct a memory based on what somebody says you did.

 

 

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Philosopher Jay

I have a Ph.D. in Philosophy from the University of South Florida. I am currently teaching Philosophy courses at a local Florida college. I have a wife who is a Montessori school teacher and a 21 year old daughter and 2 year old granddaughter.

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