Andrea Constand, the woman who is accusing Bill Cosby of sexual assault back in 2004 is now being sued by Bill Cosby for allegedly violating a civil settlement by cooperating with the decade-0ld criminal investigation re-opened by the Montgomery County District Attorney.
Constand’s case was allegedly re-opened on Wednesday based on new evidence. However, the settlement previously made between Constand and Cosby “expressly prohibited” any further cooperation regarding the case.
CNN reports that Constand gave the National Enquirer an interview, which was published in January 2016. This was yet another violation of Constand and Cosby’s settlement and confidentiality agreement. The agreement clearly states no more stories are to be published in regards to the case.
American Media, Inc., the company who owns the National Enquirer, is also being sued by Cosby for their continuous stories related to Cosby’s allegations. A spokesman for AMI speaks on behalf of the violation.
“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. We are confident that when the court reviews his claims against the ENQUIRER, it will find them to be without merit.”
According to People, both Andrea and her mom, Gianna, allegedly sat for a voluntary interview last summer with the district attorney, which broke the terms of their confidentiality agreement. This was a re-investigation against Bill Cosby.
Cosby’s preliminary hearing for his criminal case is scheduled for March 8, where he is being charged with aggravated indecent assault merely 11 years after he was denied sexual assault charges due to “insufficient credible and admissible evidence” by Bruce Castor, the then District Attorney for Montgomery County. So far, Cosby has not entered a plea in the new case against Constand.
ABC News reports that the case was re-opened as a result of over 50 women stepping forward with similar accusations against Cosby. However, most of them could not press charges due to the statute of limitations being expired.
CNN further reports that regardless of the objections made by Cosby’s lawyers, the judge ruled the case to proceed at the preliminary hearing on February 2. Cosby made a testimony during a deposition that he and Constand did have sexual contact, although he said it was consensual. Cosby’s lawyers said that they were under the belief that his deposition would not be used against him criminally.
Bill Cosby is suing not only American Media Inc. and Andrea Constand, but Andrea’s mom, too. The suit also alleges that Constand’s one attorney, Dolores Troiani, is also violating the agreement by turning over her case files to the district attorney. Both Troiani and Bebe Kivitz, her former law partner, were also responsible to filing a defamation lawsuit against former Montgomery District Attorney, Bruce L. Castor, Jr., who decided not to press sexual assault charges on Cosby. This, too, was a violation of the agreement. He is seeking the money back that was used to settle the previous case.
Currently, Cosby is free on $1 million bail and if convicted could face up to 10 years in prison. Andrew Wyatt, one of Cosby’s spokesmen, told CNN that the ruling by the court to reopen this case is wrong and that they plan to appeal.
See the case between Constand and Cosby that was opened in 2005 at this link.
Also, if you would like to view the order to unseal the 2005 case, take a look at this link.
The New York Daily News reports that Cosby did, indeed, file the civil suit in the U.S. District Court of Philadelphia on February 1. However, it hasn’t been made of record for online viewing as of this day.
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