THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY,

CRIMINAL DIVISION

COMMONWEALTH OF No. 3932-16

V.


AIHHOJ 

WILLIAM H. COSBY, JR.

IS =2 Hd SI HVHBIUZ

ORDER

AND NOW, this ISMday of March, 2018, upon consideration of the
Commonwealth?s ?Motion to Introduce Evidence of 19 Prior Bad Acts of the
Defendant,? the Defendant?s response thereto, the Commonwealth?s offers of
proof, argument of Counsel on March 5 and 6, 2018, the post hearing briefs
submitted by Counsel, and this Court?s comprehensive review of Pa. R. E. 404
reported appellate authority, an analysis of the proposed evidence under
the ?common plan, scheme and design? and ?absence of mistake? exceptions,
and a balancing of the probative value of the other acts evidence versus the
risk of unfair prejudice to the Defendant, it is hereby ORDERED and
DECREED that the Commonwealth?s Motion is GRANTED in part and
DENIED, in part, subject to further examination and evidential-y rulings in the
context of trial.

The Commonwealth shall be permitted to present evidence, pursuant to
Pa. R. E. 404 regarding ?ve prior bad acts of its choosing from CPBA 2?12
through CPBA 2-1.9. See, Commonwealth v. Hicks, 91 A.3d 47, 55 (Pa. 2014)
(stating that ?[trial court] would have the authority to dictate how

many cumulative witnesses may testify, but it cannot dictate which of those

HDIHD
:10 H8313

0}

n!



0)

El
DJ

l-l.


h)

kl

O)

witnesses the Commonwealth may call to prove its case?); Commonwealth v.

Hicks, 156 A.8d 1114 (Pa. 2017) (plurality) (?Hicks Commonwealth v.

 

Gordon, 652 A.2d 317, 324 (Pa. Super. 1994); Commonwealth v. Frank, 5'77
A.2d 609 (Pa. Super. 1990) (enumerating balancing test factors);

Commonwealth v. Smith, 825 A.2d 1086 (Pa. Super. 1993); Commonwealth v.

 

Donahue, 549 A.2d 121 (Pa. 1988).

The balance of the Commonwealth?s Motion is DENIED.

The Commonwealth shall identify to the undersigned and to Defense
counsel which witnesses it intends to call by March 19, 2018.

BY THE COURT:

 



STEVEN T. J.

COpies of this Order mailed on (yto the following:
Lane Vines, Esq.

Thomas A. Mesereau, Jr., Esq.

Kathleen Bliss, Esq.

Jason Hicks, Esq.

Becky 8. James, Esq.

Kevin R. Steele, Esq.

M. Stewart Ryan, Esq.

Kristen Gibbons Feden, Esq.

M/ichael R. Kehs, Esq. (Court AdministratOr)

vga?am/

Secretay