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.
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.
Defamation suit continues
Federal Judge Mastroianni says a defamation lawsuit brought against Cosby by three women who say he sexually abused them decades ago can move forward. Cosby’s lawyers had asked the judge to dismiss their suit, arguing that the remarks were personal opinions protected by the First Amendment and legal declarations made in his defense. Green, Serignese and Traitz have accused Cosby of drugging them and then having unwanted sexual contact with them. The defamatory comments range from statements dismissing their accusations as “ridiculous claims” and “absurd fabrication” to longer remarks that sought to discredit the accuser. Mastroianni:
The court recognizes that some jurisdictions do apply a version of the conditional self-defense privilege, which allows individuals, in certain circumstances, to publish defamatory responsive statements necessary to defend their reputation. However … such a privilege does not permit a defendant to knowingly publish false states.
Attorney for women:
We’d expect and hope the judge rejected every one of Mr. Cosby’s attempts to throw the case out of court and allowed the case to proceed.
Must testify
Cosby is ordered to give a sworn deposition to Allred, regarding Huth’s claims that he sexually abused her when she was 15 years old at the Playboy Mansion in Los Angeles. Cosby will testify on 9 October, Huth will answer questions from Cosby’s lawyers on 15 October. Cosby’s lawyers had sought to compel Huth to give her deposition before the comedian, but the judge says Cosby should go first. Allred:
We are pleased that we will now be able to move ahead without further delay on Ms. Huth’s case, and we look forward to taking Mr. Cosby’s deposition.
Forced to testify
The California Supreme Court denies Cosby’s petition to review Huth’s suit, which means the civil suit can continue to the trial phase. Huth claims that Cosby sexually assaulted her at the Playboy Mansion in 1974 when she was 15 years old. Cosby’s attorneys had sought dismissal of Huth’s lawsuit on procedural grounds, arguing that she lacked required certification from a mental health professional to support her claims, and claiming she sued him only after failing to extort money from him to buy her silence. Her case is the only one of four that are seeking damages for sexual misconduct — the other three are for defamation. Allred says she will take Cosby’s deposition under oath within the next 30 days, and videotape it:
We are looking forward to Mr. Cosby answering questions under oath at his deposition. It’s a very big victory.
Won’t be charged in molestation claim
The Los Angeles County District Attorney’s Office declines to file charges against Cosby in the alleged child sexual abuse charge made by Judy Huth, due to the expiration of the statute of limitations.