Bill Cosby filed lawsuit against rape accuser at center of criminal case
In January, Cosby’s lawyers filed a motion to dismiss the indecent assault charge amid allegations a prosecutor broke a promise not to press charges over his alleged encounter with Constand, arguing the prosecutor filed the new sexual assault charge against Cosby partly because of the statements he made in that deposition.
Most likely, the suit alleges that Constand somehow violated the terms of her decade-old settlement agreement with Cosby, for which she received an undisclosed sum.
Constand accused Cosby of drugging and molesting her at his suburban Philadelphia home in 2004. It involves sexual assault accusations that are now at the center of a new criminal case against Cosby. Any such prohibition would amount to obstruction on the part of the lawyers who drafted it, Constand lawyer Dolores Troiani testified this month, when Cosby first appeared in court for a pretrial hearing in the criminal case.
Cosby’s lawyers maintain that they both signed a nondisclosure agreement with their client in 2006 that should prevent them from now discussing the case with authorities.
Cosby is also taking issue with Constand’s own defamation lawsuit filed past year against former Montgomery DA Bruce Castor, who originally declined to prosecute Cosby. Constand also sued and settled with the National Enquirer, published by American Media, of Boca Raton, Fla.
“Mr. Cosby has apparently decided his best legal defense is to sue one of his alleged victims and The National ENQUIRER, a publication that has been unflinching in its coverage of allegations against Mr. Cosby beginning in 2000 when everyone else avoided the story”.
No details of Cosby’s latest breach of contract claim were available, but it is believed to relate to them having talked to prosecutors.
Cosby has appealed that ruling, a spokesman for the Administrative Office of Pennsylvania Courts Jim Koval told Reuters on Tuesday. If convicted, he could face up to 10 years in prison.
Cosby has filed his complaint under the cloak of seal.
According to Cosby’s testimony in the deposition, he admitted sexual contact with Constand, but said it was consensual.
The lawsuit filed against Constand seeks the repayment of the still-secret settlement he paid her in 2006, plus interest.
‘I would give them an exclusive story, my words, ‘ Cosby said in the September 29, 2005, deposition.
As the days tick away to the start of the criminal trial against comedian Bill Cosby, he is pulling no legal punches.