Bill Cosby Sues Accuser for Breach of Contract
It’s likely that Cosby’s attorneys are suing Constand for breaching a confidentiality agreement signed in 2005 after Constand and Cosby reached a settlement before her civil lawsuit would have gone to trial.
“Defendants are blatantly violating their confidentiality obligations under the 2006 Confidential Settlement Agreement, including by intentionally disclosing information they promised to keep confidential as consideration for the settlement”, states the lawsuit.
Constand, 42, says Cosby sexually assaulted her in 2004 at his Pennsylvania home, plying her with alcohol and drugs that he called “herbal”.
Just before this setback, Cosby’s lawyers filed the lawsuit against Constand and the National Enquirer, apparently hoping to use the lawsuit alleging breach of contract to silence Constand and her lawyers, or at least delay the criminal case.
In the suit filed Wednesday, Cosby claims that Constand and her attorney, Dolores Troiani, voluntarily cooperated with the Montgomery County District Attorney’s criminal investigation into the decade-old sexual assault allegation. A preliminary hearing on the criminal case is set for March 8th.
Representatives for Miss Constand have not commented on the latest legal twist.
Cosby wants Constand to pay back what he gave her in the settlement, which has never been disclosed.
Criminal defense lawyer David Walker, who is not involved in the case, has followed Cosby’s fall from grace and said the TV star’s strategy “makes him look like a bully”.
‘Exactly, ‘ Cosby replied, according to court motions initially filed under seal and made available from archived federal court records.
The complaint does detail, however, how Cosby repeatedly offered to fly Constand and her mother to Miami, Florida, and pay for their stay, so that they could “have a conversation” about what happened. Cosby himself sought this hearing to ascertain whether he still had a promise from the previous D.A. that he was immune from being charged over the encounter with Ms. Constand. At the time, the District Attorney didn’t feel there was enough evidence to win the case, and chose not pursue prosecuting the erstwhile Dr. Huxtable.
After the story accusing Constand of extortion was published in 2005, in 2006 Constand sued American Media and Cosby for libel.