The “Donkey Kong defense” is playing a crucial role in the civil trial over sexual assault allegations against Bill Cosby. His attorney, Jennifer Bonjean, questioned a key witness over testimony that she was playing the well-known arcade game during a visit with Cosby to the Playboy Mansion in 1975, six years prior to the release of the game.

The issue arose in the lawsuit brought by Judy Huth, who stated Cosby had sexually assaulted her at the Playboy Mansion when she was 16. The actor has denied her allegations. Donna Samuelson, a high school friend of Huth’s who accompanied her and Cosby on a visit to the mansion, took the stand at the Los Angeles County trail to testify about the game room with an adjacent bedroom where Huth says Cosby forced her to perform a sex act.

“You testified multiple times that you were playing Donkey Kong,” Bonjean told Samuelson, referring to a 2014 police interview and a 2016 deposition in Huth’s case.

“If I did I did,” Samuelson said. “I understand it wasn’t around yet.”

When asked to explain the discrepancy, Samuelson replied that she confused the names and said it could have been another game. Bonjean showed Samuelson and the jury a photo of the game room that was taken in 2016, showing the Donkey Kong game playing, and asked whether similar photos taken years after 1975 could have affected her testimony. Samuelson answered by saying that she hadn’t seen that image until the 2016 photo was shown to her in court.

Huth’s attorney Nathan Goldberg noted the woman’s confusion as an honest mistake, and told jurors they were going to be hearing “the Donkey Kong defense” from Cosby’s lawyers.

“So she got the name wrong,” Goldberg said, “so what?”

Bonjean stated that Huth’s similar prior statements about Samuelson playing the game, and photos showing it in the room, were all evidence conspired by the two women. Cosby’s attorneys revealed that the actor confirmed that he took the girls to the mansion, but denied any sexual assault happening. They have suspected that Huth’s lawsuit is a scheme meant to cash in on the photos that were taken that day.

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