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Court rejects Cosby’s attempt to reseal testimony on affairs
That deposition resulted from a complaint filed in U.S. District Court by Andrea Constand, a former Temple University basketball coach who accused the comedian of drugging and assaulting her at his Pennsylvania home in 2004.
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A judge has denied Bill Cosby’s request to reseal his deposition testimony from a 2005 civil lawsuit.
A federal appeals court on Monday, Aug. 15, rejected an effort by the comedian Bill Cosby to reseal court documents that helped support a ream of recent sexual assault cases against him.
The U.S. Court of Appeals for the Third Circuit declared moot the question over the documents’ release, which reignited controversy about the 79-year-old entertainer’s alleged sexual misconduct and led in part to the criminal charges filed against him last year in Montgomery County.
“The contents of the documents are a matter of public knowledge, and we cannot pretend that we could change that fact by ordering them resealed”, the court wrote in an opinion. In 2006, he and Constand settled their lawsuit for an undisclosed sum. An appeals court has rejected Cosby’s effort to reseal his deposition testimony about extramarital affairs, prescription sedatives and payments to women. In a footnote, the court said the term “public moralist” is vague and undefined, and that rationale has no basis in its jurisprudence regarding modification of protective orders.
In court papers, his lawyers argued that he had been assured confidentiality and that the “private and embarrassing testimony” would cause serious injury to Cosby, “who relies upon his reputation for his livelihood”.
Though the 3rd Circuit wasn’t reviewing Robreno’s decision-he found that Cosby’s posture as a public moralist had narrowed his zone of privacy-appeals did indicate some doubts about the “novel rationale”.
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Cosby has admitted giving Constand the allergy medication Benadryl but maintained they engaged in consensual acts. He remains free on $1 million bail, and no trial date has been set.