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Cosby’s Lawyer Moves to Stop Unsealing of Settlement Records
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Patrick J. O’Connor has requested that a motion seeking unsealing of certain records from a previous case be struck.

Summary: Patrick J. O’Connor has requested that a motion seeking unsealing of certain records from a previous case be struck.

Patrick J. O’Connor, Bill Cosby’s attorney, has sought to strike a motion that requests that records from a settlement be unsealed, the Legal Intelligencer has revealed.

  
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The settlement with Andrea Constand stemmed from allegations that Cosby sexually assaulted her. Constand filed a motion on July 8, seeking to have the full transcript of Cosby’s 2005 deposition unsealed.

Many feel Cosby’s future looks bleak.

O’Connor said that Constand “made a mockery” of the terms of the previous settlement agreement. The filing argued that a court reporter hired by Constand, Kaplan Leaman & Wolfe, provided the text of the full deposition to the media and acknowledged that it released it.

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In the filing, a letter from the court reporter to U.S. District Judge Eduardo C. Robreno is included, which sought guidance on how to respond to press inquiries about Cosby’s deposition. The letter noted that the reporter released the deposition “as a result of being contacted by various news sources…as well as understanding the motion to intervene and obtain access to documents filed under seal was granted.” Additionally, the letter notes that George Gowen, another attorney for Cosby, contacted Kaplan Leaman and told them to stop releasing the deposition.

According to court documents, Cosby used drugs to have sex with women.



Additionally, the filing includes a letter from Gowen to Constand’s attorney, Dolores M. Troiani, which stated, “We had nothing to do with the release of the deposition.” She also said that the situation revealed the “unworkability” of the settlement agreement.

Gowen

Gowen

On July 6, parts of that transcript were released, when Robreno decided to unseal certain court documents that contained excerpts from the deposition. The New York Times obtained the full transcript. According to Defamer, Cosby admitted that he used Quaaludes to “use” on young women he “wanted to have sex with.” Additionally, he admitted he offered Constand money “for her education” after she wanted him to apologize.

In her motion, Constand argue that Cosby violated the settlement agreement’s confidentiality terms by using it to defend himself, “while plaintiff is prohibited from responding.”

Should the records be unsealed?

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Cosby’s motion also said that Constand provided an interview to the Toronto Sun, in which she complained of the settlement’s confidentiality restrictions. The motion also said she tweeted about the case in March, and again after the documents were unsealed. According to NBC News, the judge unsealed the records partly because of the disconnect between Cosby’s public persona and the nature of the allegations brought against him.

Read more about the documents here.

Cosby’s motion read, “In any event, as is explained below, plaintiff’s accusations against defendant are incorrect and overstated, and plaintiff has suffered no injury. In fact, it is she, and her counsel, who have violated the settlement agreement, enabling and fomenting negative—and largely inaccurate—publicity against defendant.”

O’Connor has also sought to strike motions from Rebecca Cooper and Beth Ferrier, who requested to join the case and file motions in support of Constand’s motion to unseal.

Source: The Legal Intelligencer

Photo credit: pagesix.com



 

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