U.S. District Judge Eduardo Robreno ruled on Monday that Cosby could not sue Andrea Constand, her mother, or her attorneys for cooperating with law enforcement after they reopened the 12-year-old settled case against Cosby, however, the judge did rule that Cosby’s other claims were valid and could proceed to trial.
12 years ago when Constand accused Cosby of sexual assault in 2004, the former Montgomery County District Attorney Bruce Castor never charged Cosby, and still stand by his decision based on the reports and facts surrounding the alleged assault. Castor stated:
“Authorities found insufficient “credible, and admissible evidence” … Castor said that without evidence to corroborate Constand’s story, criminal justice was not realistic.
Castor testified that he wanted to see Constand become a millionaire and made it possible by taking away Cosby’s Fifth Amendment rights in any “subsequent civil proceedings.” Constand did sue Cosby and was awarded a large settlement.
Cosby is suing Constand claiming that she breached a confidentiality provision in a settlement agreement that they made, from cooperating with law enforcement officials about the allegations and then by tweeting references to them.
Cosby also alleged that Constand’s attorneys violated confidentiality by being involved in the release of a deposition from years ago, where Cosby admitted to providing drugs to women who willingly consumed quaaludes in the 70’s. (See below article from People.com an exclusive interview with Therese Serignese)
Constand argued that she should not be held liable for her tweets because they did not mention Cosby by name.
She tweeted in February 2014, months before the accusations started to surface:
“I won’t go away, there is a lot more I will say,” and, “It’s not that everybody just forgot about it, truth is nobody cared.”
Let’s not forget these tweets:
The tweets seem to coincide with the articles released by Barbara Bowman (BB) and Tamara Green (TG) in Newsweek…Bowman and Green were Jane Does from Constand’s civil lawsuit.
Please pay attention to the dates of the tweets, the news allegations started to come out against Cosby October 2014…and let’s not forget what Phylicia Rashad said in January 2015:
“What you’re seeing is the destruction of a legacy. And I think it’s orchestrated. I don’t know why or who’s doing it, but it’s the legacy. And it’s a legacy that is so important to the culture.” “This show represented America to the outside world. This was the American family. And now you’re seeing it being destroyed. Why?”
If Cosby prevails, Constand would have to pay back money that she received as part of the settlement agreement.
Cosby has always said their relationship was consensual and he has always proclaimed his innocence.
The criminal case against Cosby is pending, if convicted Cosby is facing over 30 years in prison.
Shortly after today’s federal court ruling attorney’s for Cosby released a statement:
As we have said before, we are not going to try this case in the press. Thus, while we are, of course, very pleased with the court’s ruling in favor of our client, which means that this case will be decided where it should be – in a court of law and on a full factual record – we will not comment further on the ruling.