The sexual assault case in Pennsylvania against Bill Cosby will go forward, a judge in Montgomery County ruled Wednesday.
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But this one targets Andrea Constand, the Canadian woman and ex-Temple University employee, whose accusation that Cosby drugged and assaulted her in 2004 in suburban Philadelphia led to the felony aggravated sexual assault charges pending against him 12 years later.
Cosby is also taking issue with Constand’s own defamation lawsuit filed previous year against former Montgomery DA Bruce Castor, who originally declined to prosecute Cosby.
During the pretrial hearing earlier this month, the report notes, “Troiani testified that her client had agreed not to initiate any future criminal proceedings against Cosby in her confidentiality agreement, but was insistent that the deal did not bar Constand from cooperating if authorities came to her first”. Both Constand and her mother, Gianna, signed a non-disclosure agreement, Cosby’s lawyers allege.
However, in filing a response to Cosby’s bid to keep the case sealed, she and partner Bebe Kivitz said they want to defend the lawsuit in public to respond to charges that they engaged in unethical or potentially criminal acts.
In a motion filed in July in federal court, Cosby’s attorney, Patrick J.
Todd Korol/Toronto Star via Getty Images The terms of Andrea Constand’s settlement with Bill Cosby called for a confidentiality agreement.
It also accuses Ms Constand, 43, and her mother of inviting media coverage and making public statements about the case.
After the story accusing Constand of extortion was published in 2005, in 2006 Constand sued American Media and Cosby for libel.
Two weeks ago a judge in Pennsylvania rejected his attempts to have the criminal trial involving Miss Constand dismissed.
MARK MAKELA/REUTERS The next preliminary hearing for Bill Cosby, who is facing up to 10 years in prison if convicted, is set for March 8.
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Cosby is seeking repayment of money paid to settle the lawsuit.
