Commentary

Cosby Sues Accuser, 'National Enquirer'

Bill Cosby is suing one of his accusers and the National Enquirer for breach of contract relating to a legal settlement originally reached in 2006. It involves sexual assault accusations that are now at the center of a new criminal case against Cosby.

Cosby’s lawyers apparently filed the civil lawsuit in an attempt to delay that criminal case.

Earlier this month, Cosby filed a lawsuit against Andrea Constand, her mother and two lawyers, and National Enquirer publisher American Media Inc. He accusing them of sharing details of Cosby’s deposition in a previous civil lawsuit, in violation of confidentiality agreements signed in 2006.

Previously, in 2005, Constand had accused Cosby of drugging her with pills and alcohol before sexually assaulting her at his Philadelphia home in 2004. After then-District Attorney Bruce Castor declined to bring criminal charges against Cosby, Constand filed a civil lawsuit against Cosby, which was subsequently settled out of court.

As part of the out-of-court settlement, Constand signed a confidentiality agreement promising neither party would talk about any details of the case.

The National Enquirer was threatening to publish a damaging expose, based on allegations by another woman, Beth Ferrier, which would have included information from Cosby’s deposition in the Constand case, where he admitted drugging other young women for sex.

However, the Enquirer and Cosby reached an agreement, whereby Cosby would give the tabloid an exclusive detailing what he portrayed as Constand’s extortion attempt, in return for the tabloid dropping the story based on Ferrier’s accusations.

After the story accusing Constand of extortion was published in 2005, in 2006 Constand sued American Media and Cosby for libel. The new case was once again settled out of court, with a financial settlement along with renewed confidentiality agreements.

Last year, following similar allegations by dozens of other women, the Constand case came under renewed scrutiny, fueled by details of Cosby’s 2005 deposition, which were published in The New York Times despite the confidentiality agreements. Lawyers for a number of other accusers suing Cosby for defamation have also demanded that American Media release details of the deposition, which was subsequently unsealed as part of the criminal investigation.

Facing criminal prosecution for aggravated indecent assault, a second-degree felony, Cosby’s lawyers argued that he had received a promise from Castor that the case would never be prosecuted. However, the new District Attorney, Kevin Steele, countered by arguing that he is not bound by this promise, and a judge allowed the preliminary criminal court filings to proceed earlier this month.

Just before this setback, Cosby’s lawyers filed the lawsuit against Constand and the National Enquirer, apparently hoping to use the lawsuit alleging breach of contract to silence Constand and her lawyers, or at least delay the criminal case. Constand’s lawyers have testified in the criminal case under subpoena.

Cosby faces up to 10 years in prison if convicted.

Next story loading loading..