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Cosby's Lawyers: Recorded Phone Call With Accuser's Mother Shouldn't Be Used

PHILADELPHIA (CBS) - Bill Cosby's lawyers are trying to keep recordings of phone calls between the comedian and his accuser's mother from being played in his criminal trial.

They filed a motion Wednesday calling those recordings illegal under Pennsylvania law.

According to court documents and testimony in a preliminary hearing, in phone calls with Andrea Constand's mother, prosecutors say Bill Cosby admits to giving Andrea Constand pills on the night in question, fondling her, and prosecutors say he goes on to apologize to her mother, offering to pay for therapy.

But Cosby's attorneys say a recording of one of those calls should not be allowed in court as the comedian was not aware he was being recorded.

In Pennsylvania, both parties need to give the okay to be recorded. But the tape was made in Constand's home in Canada, where only one party needs to consent.

And Cosby's attorneys argue, since charges are filed in Pennsylvania, and the case is being tried in Pennsylvania, then Pennsylvania law should govern the admissibility of the recording.

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