The New York Times - USA (2020-12-02)

(Antfer) #1
THE NEW YORK TIMES, WEDNESDAY, DECEMBER 2, 2020 N C3

Fill the grid with digits so as not to repeat a digit in any row or column, and so that the digits within each
heavily outlined box will produce the target number shown, by using addition, subtraction, multiplication or
division, as indicated in the box. A 4x4 grid will use the digits 1-4. A 6x6 grid will use 1-6.


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KenKen


Two Not Touch


Put two stars in each row, column and region of the grid. No two stars may touch, not even diagonally.
Copyright © 2020 http://www.krazydad.com


The name of what Academy Award nominee for Best Picture is an anagram of ILL-SHAVEN?

Brain Tickler


YESTERDAY’S ANSWER The Golden Toe Award is given annually to the top kicker in the National Football League.

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PUZZLE BY WILL SHORTZ


“ANASTONISHINGCOLLECTION!”
—RICHARD LEDERER, author ofAnguished English
SO TO SPEAK

11,000 Expressions That’ll Knock Your Socks Off


ON SALE 12.08.2020


Enjoy wordplay every day.


nytimes.com/games


Crossword Edited by Will Shortz


ACROSS
1 Breaking of
mirrors, some
think
6 Warty critter
10 Film genre
that includes
“Moonlight” and
“Call Me by Your
Name”
14 Film auteur
Miyazaki
15 Own
16 It’s at the
southern end
of the Caspian
Sea
17 Classic 1960
platinum-selling
Miles Davis
album
20 Green
21 London district
whose name
sounds like a
letter
22 Prevailed
23 Major credit
card, briefly
25 Tennis star
Nadal
27 Prefix with
afternoon
29 Small stones
used for
driveways
31 Hand, in
Honduras

32 Fulminated
(against)
33 Things to right
35 Pharma
products
36 What surrounds
the pupil
37 Is a shining star
40 Popular gay
dating app
42 Green suits?
43 Spirit of the age
46 Petrostate’s
reserves
47 “Oh, brother!”
49 A hyperbola has
two
50 “Not gonna
happen”
52 ___ Honor
54 Shirt with a
slogan, often
55 “Like ... now!”
58 Sicilian erupter
59 Jekyll’s bad side
60 Type of food
whose outsides
are suggested
by the outsides
of 17-, 29-, 43-
and 55-Across
61 Like blue hair,
presumably
62 Vegas casino
beside the
Bellagio
63 Big name in
food service

DOWN
1 Comment after a
zinger
2 “You and whose
army?!”
3 Shades and such
4 Rebel Turner
5 Item sometimes
“lost” in a clothes
dryer
6 Virginia Woolf
novel with
interludes set on
a beach
7 Defense grp.
since 1948
8 Declaration
9 “Robinson
Crusoe” novelist
10 Slimming
surgery, for short
11 Creator of
Hollywood’s
Chinese Theater

12 Deliberately
provoking
13 Channel that
became Spike TV
18 Royal
messengers
19 “Weekend
Update” show, in
brief
24 Competition with
skateboarders
26 U.S. central
bank, with “the”
28 20% of diez
30 Cambodian cash
31 Rapper who
forms one half
of the duo Black
Star
33 Squirms
34 Item found in
“The Hobbit”
36 Locale of the Isle
of Man
37 Green: Prefix

38 Comcast
subsidiary
39 Calvin Klein’s
Eternity, e.g.
40 “Golly!”
41 Rip-roaring
43 Gentle breeze
44 Picturesque
45 Connected with
47 Drunkard
48 Kind of yoga
51 Variety of
herring
53 Flag tossers,
informally
55 Like Kentucky,
Indiana and
Illinois Avenues,
in Monopoly
56 Dictator Amin
57 Overreact to spilt
milk

ANSWER TO PREVIOUS PUZZLE

PUZZLE BY WILL NEDIGER

12/2/20

Online subscriptions: Today’s puzzle and more than 9,000 past puzzles,
nytimes.com/crosswords ($39.95 a year).
Read about and comment on each puzzle: nytimes.com/wordplay.

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MA L I C A P S G I A N T
IMI N H I RE EMBAR
SOF TWARECOMPANY
OST EEN STP RCAS
LAGOS AGE I ST
OBS REPUB L I C
SOUR T ER I N I F TY
HOME FORE C LOSURE
AMOCO ACA I E L AN
CONSORTS LPS
PAMELA OB I TS
AD I N TPK GALAGA
WH A T MO R E C A N I S A Y
NOT ED ER I N N I NE
SCARS PSST GAGS

A panel of appeals court justices closely
questioned Pennsylvania prosecutors on
Tuesday about whether Bill Cosby had been
treated fairly at his sexual assault trial in
2018 when five other women were allowed
to testify that they too had been similarly
abused by the entertainer in encounters
stretching back into the 1980s.
The hearing before Pennsylvania’s Su-
preme Court, the state’s highest court, was
part of Mr. Cosby’s latest effort to overturn
his conviction in the drugging and sexual
assault of Andrea Constand at his home out-
side Philadelphia in 2004.
The decision by the trial judge to include
the testimony by other “prior bad acts” wit-
nesses had been a key moment of the trial.
But Mr. Cosby’s defense team has argued
that the collective weight of the women’s ac-
counts, which had never been the subject of
criminal cases of their own, had unfairly
tainted the jury.
“Mr. Cosby suffered unquantifiable preju-
dice,” a lawyer for Mr. Cosby, Jennifer Bon-
jean, said at the hearing on Tuesday.
“The presumption of innocence just did
not exist for him at that point,” she added.
Prosecutors from the Montgomery
County district attorney’s office defended
the decision during the 75-minute hearing,
which was held virtually, arguing that the
testimony of the other women established,
as recognized under Pennsylvania law, a
signature pattern of conduct by Mr. Cosby.
The inclusion of so-called prior bad acts
testimony is rare, but in Pennsylvania, as in
other states, it is allowed if, among other
conditions, it demonstrates a signature pat-
tern of abuse.
But some of the seven justices seemed
unconvinced and questioned the prosecu-
tors sharply about the inclusion of the other
women.
Referring to the argument that the testi-
mony established a pattern, Justice Chris-
tine Donohue said, “Frankly, I don’t see it.”
Justice Max Baer said, “I tend to agree
that this evidence was extremely prejudi-
cial.”
At least three other justices questioned
the reasoning for allowing the testimony by
Mr. Cosby’s other accusers.
Mr. Cosby’s conviction in April 2018
capped the precipitous downfall of one of
the world’s best-known and most popular
entertainers. It also offered a measure of
closure to the dozens of women who for
years had accused him of similar assaults.
To many of those accusers, the verdict was a
development that reflected that, going for-
ward, the accounts of female accusers
might be afforded greater weight and credi-
bility by jurors.
Mr. Cosby, 83, is now serving a three- to
10-year sentence at SCI Phoenix, a maxi-
mum-security prison outside Philadelphia.
But since his conviction, Mr. Cosby, who
denies his guilt and says any relationships
were consensual, has fought to overturn the

verdict, arguing that important decisions
made by the trial judge, Steven T. O’Neill, of
the Montgomery County Court of Common
Pleas, had denied him a fair trial.
A lower appeals court, however, agreed
with Judge O’Neill and upheld the convic-
tion last December. But the Pennsylvania
Supreme Court subsequently agreed to
hear arguments on the judge’s decision to
allow other women to testify. It also agreed
to review Judge O’Neill’s decision to allow
the trial to go ahead despite a former dis-
trict attorney’s statement that he had once
given Mr. Cosby his binding assurance that
he would not be charged in the case.
The former district attorney said he had
given Mr. Cosby the assurance to encour-
age him to testify in a civil case brought by
Ms. Constand. In that testimony, Mr. Cosby
acknowledged giving quaaludes to women
he was pursuing for sex, and as part of the
current appeal, the Supreme Court is con-
sidering whether the jury should have
heard that testimony.
Any ruling by the appeals court to over-
turn the verdict would be by a majority vote
and is not expected for several months.
Mr. Cosby’s case represented one of the
most high-profile convictions to unfold in
the aftermath of #MeToo. His team has ar-
gued that the trial judge was swept up by
the fervor of the #MeToo movement, lead-
ing him to allow the testimony from the

other women, although Ms. Bonjean did not
cite that argument on Tuesday.
Such testimony by other accusers played
a part in the Harvey Weinstein case, where
the testimony was sought to demonstrate a
pattern of predatory behavior by Mr. Wein-
stein.
Mr. Cosby’s lawyers say the prior bad
acts testimony should not have been al-
lowed in his case because the accounts of
the other women were too remote in time
and too dissimilar to the case for which he
was being tried. His defense team, for ex-
ample, said that the relationship with Ms.
Constand unfolded over several months,
whereas the encounters with the other
women took place in a much shorter period
of time.
Prosecutors on Tuesday pushed back
against any suggestion that the decades-old
accounts should not have been admitted.
Adrienne D. Jappe, an assistant district at-
torney, said the older encounters the wom-
en described had occurred in roughly the
same time period and together showed a
compelling pattern of behavior. “You don’t
look at these in isolation,” she said.
Judge O’Neill allowed just one prior bad
acts witness to testify at Mr. Cosby’s first
trial in 2017, which ended with a hung jury.
But at the 2018 retrial, in the face of opposi-
tion from Mr. Cosby’s lawyers who argued
the women’s accounts would be prejudicial,

Judge O’Neill allowed five accusers to tes-
tify along with Ms. Constand. Prosecutors
had requested authority to introduce the ac-
counts of 19 additional women, in total.
(Dozens of women had come forward.)
Prosecutors said the additional testimony
was necessary to corroborate Ms. Con-
stand’s account.
A spokeswoman for the Montgomery
County district attorney’s office, Kate De-
lano, declined to comment after the hear-
ing.
Andrew Wyatt, Mr. Cosby’s spokesman,
said that Mr. Cosby did not watch the pro-
ceeding but that he kept him informed.
“Mr. Cosby can’t watch anything because
he’s 100 percent blind, due to glaucoma,” Mr.
Wyatt said in an email on Monday. In addi-
tion, he said, Mr. Cosby has requested that
no radio or television be placed in his cell.
He said that Mr. Cosby did not want to make
his incarceration “feel normal” and that
”outside distractions” had a tendency “to
make one complacent.”
On Tuesday, he said that Mr. Cosby called
him 20 minutes after the hearing for an up-
date, and Mr. Cosby dictated a statement
that Mr. Wyatt posted to Mr. Cosby’s social
media.
In the posting, Mr. Cosby thanked his law-
yer, family and supporters. “I hope and
truly believe that justice will be done,” he
wrote.

Court Reviews Decision to Let Other Accusers Testify in Bill Cosby’s Case


In the comedian’s


2018 sexual assault


trial, five women


described a pattern


of abuse, a move the


defense called unfair.


By GRAHAM BOWLEY

Justices ask sharp


questions about the use


of ‘prior bad acts’


witnesses.


AGENCE FRANCE-PRESSE — GETTY IMAGES
Bill Cosby during his 2018 trial. An appeal of his conviction in that case was heard Tuesday by the Pennsylvania Supreme Court.
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