Bill Cosby won’t testify in his upcoming civil rape trial, and according to his accusers, he won’t even bother to show up.
Donna Motsinger, who accuses Cosby of drugging and raping her in 1972, says the former TV star will not attend her trial against Cosby, according to new legal documents obtained by TMZ. Her filing said he would skip the proceedings “because he does not want to appear in court.” The only time the jury will hear from Cosby will be through previously recorded testimony.
what happened?
Mossinger claims that Cosby assaulted her in 1972 while she was working as a waitress at the Trident restaurant in Sausalito, California. “I believe Bill Cosby drugged me. This caused me to be in an incapacitated and defenseless state,” she said in a statement filed in the January 2026 lawsuit. “I had been feeling fine earlier that day. I had consumed a small amount of alcohol that night. I took the drug Mr. Cosby gave me. Shortly after, I lost consciousness. I do not believe the drug Mr. Cosby gave me was aspirin. Aspirin is aspirin. “Don’t knock someone out. “
She said she later woke up with only her clothes on and no memory of how she got there.
What Cosby himself said under oath makes the case even more important. In sealed testimony in November 2025, Cosby admitted that he had refilled sleeping pills seven times and testified that he never took the pills himself. Instead, he said the drugs were intended for women. He said he obtained the prescription from Dr. Leroy Amar, a gynecologist and personal friend, before 1972, while playing a poker game at Cosby’s home in Los Angeles. In 1979, Dr. Amar’s medical license in California was revoked.
The testimony was eerily similar to Cosby’s widely reported 2005 testimony (which came to light years later) in which he admitted to obtaining sleeping pills to give to women before sex. The testimony became key evidence in subsequent waves of civil and criminal lawsuits.
testimony that could define a trial
Because Cosby refused to take the stand, his taped testimony became the centerpiece of the jury’s direct hearing from him. Mossinger’s legal team is expected to play the tape – in which he himself describes drugs intended for women – to a jury that will decide whether Mossinger sexually assaulted her more than five decades ago.
Cosby’s representatives pushed back on the characterization of his testimony, calling it a “distortion based on cherry-picked excerpts of testimony” and claiming Cosby never admitted to involuntarily incapacitating anyone. “Qualea was the party drug of the 1970s,” the representative said, adding that the drug was widely publicized and “consumed like candy.” The statement said it would ultimately be up to a jury to decide whether Motsinger’s claims were credible.
Jury selection begins Monday in Santa Monica, California. Andrea Constand plans to attend at least part of the trial in support of Mozinger. Andrea Constand herself brought a criminal conviction against Cosby in 2018, which was later overturned on procedural grounds in 2021. “She was very brave,” Constand said. “This is an 84-year-old woman seeking justice for what happened to her. It’s so inspiring and I’m really proud of her.”
Nearly 30 women have filed sexual assault lawsuits against Cosby in three different states under lookback window laws, with most passing motions to dismiss and appearing to be headed to trial. More than 60 women have publicly accused him of sexual misconduct, with many describing similar behavior including drug use and incapacitation.
Cosby has denied assaulting Motzinger. He is currently seeking to have her lawsuit dismissed. The trial is ongoing – with or without his presence.
This article was originally published by Men’s Journal on February 28, 2026, and first appeared in the Entertainment section. Click here to add Men’s Diary as your go-to source.
