Loses appeal
Cosby’s appeal is dismissed by Montgomery County Judge O’Neill. After O’Neill said in previous hearing evidence was lacking that Cosby had a promise from a previous district attorney he would never be charged over the encounter with Constand, his lawyers had asked for an appeal to Superior Court. O’Neill:
An immediate appeal from these orders would not materially advance the ultimate termination of the matter.
There is no comment from Cosby’s lawyers.
Wants charges dropped based on 2005 deposition immunity
Lawyers for Cosby attempt to have aggravated indecent assault charges against the actor thrown out on the grounds that his 2005 videotaped deposition, in which he admits to drugging Constand, was made under the promise from prosecutors that he would be granted immunity from prosecution. Prosecutors in the current criminal case contend that there is no evidence of a signed immunity agreement, and that the case against Cosby should continue.
Must testify
A federal magistrate judge in Massachusetts rejects arguments by Camille Cosby that her deposition in the Constand case deposition would represent an “undue burden” and that she lacked any first-hand knowledge of the events at issue. Bill Cosby’s lawyer’s will appeal the ruling. The deposition is scheduled for next Wednesday.
Three sex-assault charges, bail set at $1m
Cosby is charged with three counts of aggravated indecent assault on Constand in 2oo4, including that Cosby assaulted his victim while she was unconscious and without consent. DA Steele:
Upon examination of all of the evidence, today we are able to seek justice on behalf of Mr. Cosby’s victim.
From the complaint:
[Cosby rendered Constand] frozen, paralyzed, unable to move” by plying her with pills and wine, then penetrating her with his fingers when she was unconscious or unaware of what was happening.
Bail is set at $1 million. Cosby immediately posted $100,000. As a condition of his bail to surrender his passport. He is scheduled to appear for a preliminary hearing Jan. 14 at 9:30 a.m. That hearing will likely be held at Montgomery County Court in Norristown, according to the court documents. Cosby’s lawyer:
Make no mistake, we intend to mount a vigorous defense against this unjustified charge and we expect that Mr. Cosby will be exonerated by a court of law.
Seeks sanctions against Constand
Cosby files legal documents seeking court sanctions against Andrea Constand for her alleged breach of their confidentiality agreement. The filing says Constand’s request to open the entire Cosby settlement is an “obvious attempt to smear” the performer and says she should be sanctioned for leaking the nearly 1,000-page deposition transcript to the New York Times. Cosby’s filing also says that the deposition excerpts so far unsealed by the judge contain no testimony that he engaged in any non-consensual sex or gave anyone Quaaludes without their knowledge or consent.
Reading the media accounts, one would conclude that Defendant has admitted to rape. And yet Defendant admitted to nothing more than being one of the many people who introduced Quaaludes into their consensual sex life in the 1970s.
Claims he is not public figure to keep records sealed
In Pennsylvania, Cosby defends against the Associated Press’s call to unseal nine-year-old Constand court documents, saying he is not a public figure, there’s no public interest in the case, and that confidentiality should be maintained on materials described as posing a “real, specific threat of serious embarrassment.” After the settlement, AP challenged the sealing of certain motions brought in the case, but they were denied. Now AP is asking for the motions to be disclosed base on a local rule of civil procedure that presumes an unsealing of records after two years unless a judge disagrees. Cosby’s lawyer:
Moreover, unlike a deposition in a typical case, there is a voracious media appetite for Defendant’s deposition, and public release of it would quickly become widespread public knowledge of it. There is no doubt that public disclosure of the motions and Defendant’s sworn deposition testimony, which delves into the most intimate subjects imaginable, would generate a firestorm of publicity.
[Cosby] is not a public official, nor is the relevant information important to public health or safety… Defendant’s status as a well-known comedian and entertainer does not render him a ‘public’ person within the meaning of the law.
AP’s brief:
The defendant is the only party who objects to unsealing the record. However, now that the circumstances that he relied upon to gain preliminary sealing in this matter are nothing more than historic references, bypassed by recent public events, the files at issue should be unsealed.
Adding that Constand has waived her right to anonymity, the various Jane DFoes’ mentioned in her suit have come forward, and that
[Cosby is] unquestionably a public figure [and his conduct] a legitimate matter for public scrutiny.
Sues Cosby for sexual assault, defamation
Constand sues Cosby for an unspecified amount of money on allegations of sexual assault and of defamation stemming from statements that Cosby and his agents made about her to news outlets. Constand says she was director of operations for the Temple women’s basketball program when she met Cosby, one of the school’s most famous alumni and a trustee. She alleges she was visiting Cosby’s Main Line mansion in early 2004 when he gave her pills that he said were “herbal medication” to help her cope with stress. After consuming the pills, she said, she felt hazy but remembered Cosby touching her breasts and genitals.
In legal filings, Cosby denies assaulting Constand. He says the two were acquaintances who sometimes dined alone together or with friends.