Judge: Accusers can see Cosby file

  • FILE - In this Dec. 30, 2015 file photo Bill Cosby, center, accompanied by his attorneys Brian McMonagle, left, and Monique Pressley, arrives at court to face a felony charge of aggravated indecent assault, in Elkins Park, Pa. A lawyer for the accuser in Bill Cosby's criminal sex-assault case says Cosby is using the courts to bully her client and other trial witnesses. Cosby has sued accuser Andrea Constand for talking to police who reopened the 2005 case last year. He says that violated the confidential settlement of her civil lawsuit. Cosby therefore wants the woman to return the settlement money. (AP Photo/Matt Rourke, File) Matt Rourke

Associated Press
Published: 3/22/2016 12:07:48 AM

A federal judge in Philadelphia ruled Monday that attorneys for seven women suing Bill Cosby for defamation can see much of the case file of a lawyer for the accuser in a 2005 sexual assault lawsuit against the comedian.

Judge Anita Brody denied a request from Cosby to block a subpoena seeking the file of former Temple University employee Andrea Constand’s lawyer, Dolores Troiani.

Constand reached a confidential settlement with Cosby in the civil case. Late last year, Pennsylvania prosecutors charged Cosby criminally in the alleged assault on Constand. Cosby has pleaded not guilty.

Brody ruled the confidential agreement between Cosby and Constand “cannot block the disclosure of those materials to third parties” in a separate lawsuit.

“Even if Plaintiffs were required to produce a compelling justification for disclosure, one readily exists. The public reaps no benefit by allowing settlement agreements to suppress evidence,” the judge wrote in her ruling.

The judge said she is not ruling on whether a jury in the Massachusetts defamation case will get to see the material, only on whether the lawyer for the women in the defamation suit can have access to it.

The seven women suing Cosby for defamation allege that he tainted their reputations by allowing his representatives to brand them as liars after they went public with claims that he sexually assaulted them decades ago.

Joseph Cammarata, a lawyer for the women, sought the Constand file to try to obtain evidence to bolster the women’s claims.

“We look forward to the opportunity to obtain Mrs. Troiani’s file materials. We expect that they’ll be a treasure trove of significant information,” Cammarata said Monday.

Cosby has countersued the women, alleging they have damaged his “honorable legacy and reputation” by falsely accusing him of sexual misconduct. His lawyers did not immediately respond to a request for comment.

The women named in the defamation suit are among about 50 who have come forward to claim that Cosby sexually abused them decades ago. He has denied the allegations.

Brody did grant Cosby’s request to block access to the confidential settlement agreement.

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