Bill Cosby’s lawyers will ask a judge to order the accuser in his criminal sex assault case to refund the money he paid to settle her lawsuit over a decade ago.
Cosby filed the lawsuit in February against Constand, her mother and her lawyers, Troiani and Bebe Kivitz, alleging that they breached the confidentiality portions of a 2006 settlement agreement. Constand has alleged Cosby sexually assaulted her in 2004. She sued him after prosecutors declined to charge him in 2005, and the case settled in 2006.
Former Montgomery County District Attorney Bruce Castor never charged Cosby in 2005 and still stand by his decision based on the reports and facts surrounding the alleged assault.
In fact, Castor said Constand and her mother “had committed a felony.” Castor said that without evidence to corroborate Constand’s story, criminal justice was not realistic. He did want to see her become a millionaire and made it possible to take away Cosby’s rights and Andrea sued Cosby for millions of dollars.
Castor on Constand “Inky: Cosby victim told police MUCH different than she told the court in her lawsuit. First, I saw that in a story. Troublesome for the good guys. Not Good.”
Cosby argues that accuser Andrea Constand violated their confidential agreement in the complaint, Cosby alleged that the Constands voluntarily sat for interviews with Montgomery County District Attorney Kevin Steele last year, when they had no legal obligation to do so. Following the re-interviews, Cosby was charged with aggravated indecent assault in December.
A federal judge will hear arguments Friday afternoon in the breach-of-contract suit he filed before a key hearing in his criminal case in February.
Updated 5:30 pm
According to the Legal Intelligencer
The breach of contract complaint also involves a court reporter’s release of Cosby’s deposition transcript from the 2005 civil litigation. Cosby alleged that Troiani and Kivitz either instructed the court reporter, Kaplan Leaman & Wolfe, to release the transcript, or failed to use their best efforts to prevent the release.
Cosby also alleged that Constand’s lawyers violated the agreement by suing former Montgomery County District Attorney Bruce L. Castor for defamation, and by publishing an open letter to Castor. The defamation case is ongoing in federal court.
Constand’s motion to dismiss called Cosby’s lawsuit “a thinly veiled attempt to intimidate witnesses against him.” The complaint was filed under seal, just one day before a hearing in Cosby’s criminal case, where Troiani and Kivitz were called as witnesses for the prosecution.
Bill Cosby denies all accusations and charges that he sexually assaulted Constand in 2004. In the recently released police report, there are several inconsistencies, lots of cross outs, lots of add-ins, and that Constand maintained a relationship with Cosby a year after the alleged assault. Constand interviewed with the police at least three times, Constand even returned to the “scene of the crime” to have dinner.
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Story was originally seen on ABC