TROIANI/KIVITZ, L.L.P. ~~~~~~~~~~~~~~~ATTORNEYS AT LAW~~~~~~~~~~~~~~~ 

DOLORES M. TROIANI, ESQUIRE 

BEBE H. KIVITZ, ESQUIRE 38 NORTH WATERLOO ROAD 

DEVON, PA 19333 

January 4, 2006 

(Hand-Delivered) 

Office of the Clerk of Court 

Eastern District of Pennsylvania 

U.S. Courthouse 

601 Market Street, Room 2609 

Philadelphia, PA 19106 

RE: Andrea Constand vs. William H. Cosby, Civil Action No. 05-CV-1099 

(610) 688-8400 

FAX (610) 688-8426 

Plaintiff's Memorandum Of Law In Support Of The Lifting Of the Seal Established 

By Case Management Order 2 

Dear Sir/Dear Madam: 

Enclosed for filing in the above-captioned matter, please find an original and a disk. 

Thank you for your anticipated cooperation. 

BHK:m 

Enclosure 

Respectfully submitted, 

~fit'~_-; 

Bebe H. Kivitz ~j 

cc: Patrick J. O'Connor, Esquire (w/enclosure-first class mail) 

Andrew D. Schau, Esquire w/enclosure -first class mail) 

Andrea Constand (w/enclosure - first class mail) 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 1 of 44
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

ANDREA CONSTAND, 

Plaintiff 

v. 

WILLIAM H. COSBY, JR., 

Defendant 

: CIVIL ACTION 

: NO. 05-CV-1099 

PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF THE LIFTING OF THE 

SEAL ESTABLISHED BY CASE MANAGEMENT ORDER 2 

Plaintiff Andrea Constand submits the following Memorandum of Law in support 

of Lifting the Seal Established by Case Management Order 2. 

FACTS 

Defendant asserts that any pretrial publicity is an abuse of the discovery process 

and would embarrass him. What Defendant really means, however, is that any pretrial publicity 

that he has disseminated should be condoned, but any pretrial publicity not orchestrated, shaped, 

and disseminated by him should be prevented. Defendant's ability to manipulate publicity in this 

matter should not be permitted. 

When Plaintiff's allegations became public -- through no actions taken by 

Plaintiff, but rather through a "leak" from the Philadelphia Police Department to members of the 

press -- Defendant immediately began to generate self-serving publicity. First, his agents 

referred to Plaintiff's claims, then being investigated criminally, as "bizarre and utterly 

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Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 2 of 44
preposterous". See, Exhibit "A". This characterization was repeated multiple times and in 

multiple publications throughout the nation. 

Next, Defendant's representative, Martin Singer, Esquire, made statements to 

Celebrity Justice on February 7, 2005, and February 9, 2005, including that Plaintiffs allegations 

represented a "classic shakedown" of Defendant, and that "Plaintiffs intention ... was of 

requesting money from Mr. Cosby". See, Exhibit "B'', Celebrity Justice publications. 

Indeed, Defendant made these statements at a time when he knew that Plaintiff 

and her mother had requested only an apology when they had spoken to him in January 2005. In 

fact, Defendant admitted to Pennsylvania law enforcement officers as early as January 26, 2005, 

that Plaintiff and her mother had requested only that he apologize, and it was Defendant's idea 

to contact them again to offer, instead, an "educational trust". Defendant also knew before 

February 7, 2005, that Plaintiff had not accepted his offer of money. 

Around this time, however, other women had begun to come forward to report 

that Defendant had committed similar assaults upon them, including that he gave them 

"medication" or spiked their drinks, and then sexually assaulted them when they were under the 

influence of the drug he gave them. The first woman's account to be published was Tamara 

Lucier Green, Esquire, 1 who revealed that Defendant had given her what he represented to be 

"Contac" medication when she felt ill. The "Contac" given to Ms. Green, just as the "Benadryl" 

Defendant alleges he gave to Plaintiff here, turned out, instead, to be some other type of 

substance, which rendered Ms. Green semiconscious. Defendant then attempted to assault Ms. 

Green sexually. When she refused and resisted, Defendant left her residence, leaving two $100 

bills on her table. See, Exhibit "C", February 8, 2005, Philadelphia Daily News account. 

1 Now a Rule 415 witness in this litigation 

2 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 3 of 44
Another woman, Beth Ferrier, before she became known to Plaintiffs counsel, 

contacted the National Enquirer after the Tamara Lucier Green, Esquire, account was published. 

Beth Ferrier, too, had been drugged and sexually assaulted by Defendant. The National Enquirer 

asked her to be polygraphed as a pre-condition to publishing her account. She agreed to the 

paper's polygraph-- and then passed its test. The National Enquirer next contacted Defendant 

and/or his agents to advise him that the Ferrier account would be published. 

At his deposition, Defendant admitted that he offered his February 21, 2005, 

"Exclusive Interview" to the paper in exchange for its express agreement not to publish the 

Ferrier account. Indeed, Defendant testified that he did not want the public to hear of the Beth 

Ferrier account, because that coupled with the Tamara Green and Andrea Constand claims would 

lend credibility to the fact that he had committed these assaults. Jn fact, he testified that he 

wanted the public to believe that Plaintiff was not telling the truth, and he feared that publication 

of the Ferrier story would lead the public to believe that Plaintiff was telling the truth. (National 

Enquirer Interview and Cosby deposition, 9/29/05, p.p. 221- 222, attached as Exhibit "D".) 

Once given this public forum, Defendant used the National Enquirer to continue 

the defamation of Plaintiff he had initiated with Celebrity Justice, claiming that he was "hurt" by 

Plaintiffs allegations; [people] were trying to "soil" him because of who he was; and, he would 

stand his ground against [anyone] who tried to "exploit" him. See, Exhibit "D", National 

Enquirer interview. Although Defendant now claims that Plaintiffs identity could not be 

gleaned from his comments, this argument is totally devoid of merit. 

Not content, however, with his use of just Celebrity Justice and the National 

Enquirer to generate pro-Cosby publicity, defendant also appeared on the television show, 

Nightline, on June 29, 2005. Jn that interview, in which Defendant was discussing his views on 

3 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 4 of 44
morality and values, Defendant was asked whether Plaintiffs allegations would hurt his standing 

on morality issues. He responded, "If they are not true, what happens if they are not true?" 

Exhibit "E'', summary ofNightline interview. Thus, Defendant affirmatively used the media 

forum to cast doubt on the truth of Plaintiffs claims against him. 

Defendant's suggestion, therefore, that Plaintiff seeks to "sully his reputation with 

pretrial publicity" is completely disingenuous. Defendant has solicited and invited publicity 

repeatedly since Plaintiffs allegations were reported, and has shaped and manipulated his own 

published or televised accounts. Defendant objects only to a contrary version of events --

Plaintiffs -- from becoming public. Thus, where Defendant's own testimony or his prior actions 

against other women support Plaintiffs allegations, he wants such corroboration kept secret. 

Further, Defendant's counsel claims that Defendant will be very embarrassed if 

details of his deposition testimony surface. He has not submitted an Affidavit to the Court, and 

his claim is without any factual basis. See,~., Constand v. Cosby, C.A. No. 05-1099, July 6, 

2005, Order, N. l (Robreno, J.) Moreover, defense counsel's claim of embarrassment is not only 

waived by Defendant's previous acts, it is disingenuous. Defendant opened the door to publicity 

by inviting the media to entertain his version of events. It is simply unfair to allow Defendant to 

have curried press favor, and not to allow response, particularly where, as here, fair coverage 

will allow Plaintiff to publicly vindicate her name in this defamation action. See, Sprague v. 

American Bar Association, 276 F. Supp. 2d 365, 374 (E.D. Pa. 2003). See also, Gaetano v. 

Sharon Herald, 426 Pa. 1791, 231 A.2d 753 (Pa. 1967); Moyer v. Phillips,462 Pa. 395, 341 A.2d 

441 (Pa. 1975); Grahm v. Today's Spirit 503 Pa. 52, 468 A.2d 454 (Pa. 1983), 

Finally, Defendant cannot seriously contend he will be embarrassed, when he has 

continued to joke about this case. Not only did Defendant joke at a public appearance in New 

4 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 5 of 44
Brunswick, New Jersey, on February 26, 2005, about whether a female audience member who 

came up on the stage, would say he "put anything into [her] drink," he joked more at his 

deposition. See, M· Philadelphia Daily News account of New Jersey appearance, March 8, 

2005; Cosby deposition 9/28/05, p.24, pp. 104-105, attached as Exhibit "F". 

Accordingly, Defendant's "embarrassment" is not and never was the real issue. 

Defendant is simply attempting to continue to manipulate media coverage by picking and 

ch.oosing which portions of his account may be revealed. The fact that Defendant has admitted 

breaking the law in the 1970' s by purchasing Quaaludes to dispense them illegally to women 

with whom he hoped to "party" is particularly relevant. Not only does it support Plaintiffs 

claims that Defendant gave her a substance more potent than Benadryl, as he had given to other 

women before, it is evidence of Defendant's state of mind. Moreover, having told the public 

himself that he gave Plaintiff Benadryl, the public has a right to know the contradictory 

information. The National Enquirer agreement and supporting documentation are relevant to 

Defendant's credibility, or lack thereof, his manipulation of the media, and Plaintiffs defamation 

claim. The public has a right to know that Defendant deliberately gave his interview to suppress 

the Beth Ferrier account, and to prevent the public from believing Plaintiffs claims against him. 

The facts are no less embarrassing to Plaintiff or the Jane Doe witnesses. That 

they were duped by Defendant, believing him to be their friend and mentor, when he was 

grooming them to be his victims, is simply a fact. They have come forward, however -- whether 

embarrassed or not. The Court denied anonymity to the Jane Doe witnesses, holding that 

disclosure of their names was important to the public's right to access. The test here should be 

no different. Defendant's actions, especially in light of his earlier published 

5 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 6 of 44
or televised statements, should not be kept a secret, particularly where he has deceived and 

sexually assaulted women, and at least in this case, defamed one. 

ARGUMENT 

A. The Right of Public Access Extends to Discovery Material Appended to Discover 

Motions In this case. 

Defendant's lopsided view turns on the assumption that, as a matter oflaw, the public has 

no right of access to discovery materials appended to discovery motions and, hence, the seal 

protecting such materials in this case should remain in place. Defendant, relying upon Leucadia, 

Inc. v. Applied Extrusion Technologies, Inc., 998 F.2d 157 (3d Cir. 1993), characterizes the 

principle as an unbending doctrine of Third Circuit jurisprudence that bars public access. A 

careful review of the case law, however, does not lead in that direction. The Leucadia court 

carefully contrasted the "presumptive" public right of access to documents filed with the court 

with the "non-presumptive" public right of access to discovery materials, but left open the more 

germane issue of when the right of access to discovery materials arises. The Court wrote that 

"[ w ]e need not decide here whether we would interpret the Federal Rules of Civil Procedure to 

permit a member of the public to challenge an overly protective sealing order." Id. at 165. 

Significantly, the Court held: 

We must rely in the first instance on the district courts to protect 

the legitimate public interest in filed materials from overly broad 

and unjustifiable protective orders agreed to by the parties for their 

self-interests. See United States v. Corbitt, 879 F.2d 224, 228 (7th 

Cir.1989) ("[T]he public's right to inspect judicial records may not 

be evaded by a wholesale sealing of court papers. Instead, the 

district court must be sensitive to the rights of the public in 

determining whether any particuJar document, or class of 

documents, is appropriately filed under seal"). 

6 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 7 of 44
Id. Clearly, the Leucadia court's holding opens the door for litigants and interveners to obtain 

access to discovery materials if it is determined that court imposed protections are over broad 

and unwarranted. 

Contrary to Defendant's suggestion, the United States Supreme Court in Seattle Times 

Co. v. Rhinehart, 467 U.S. 20, 33 (1984), does not hold that there is no absolute right of public 

access to discovery materials, only that "restraints placed on discovered, but not yet admitted, 

information are not a restriction on a traditionally public source of information." Id. The Court 

does not address the issue here, which is whether the a defendant has a right to be protected from 

public disclosure of documents that are protected by an overly broad order to seal discovery 

documents. Similarly, other precedents relied upon by Defendant do not extend to that question 

or acknowledge that the right of access is not absolute but governed by a "good cause" standard. 

See, e.g., Anderson v. Cryovac, Inc., 805 F.2d 1, 13 (1st Cir. 1986) ("good cause" standard 

applied to question of whether the public may have access to sealed discovery materials); 

Chicago Tribune Co. v. Bridgestone/Firestone, Inc., 263 F.3d 1304, 1313 (11th Cir. 2001) 

(common-law right of access to discovery documents governed by Rule 26 good cause balancing 

test). 

As a consequence, the analysis of whether the seal protecting discovery materials should 

be lifted turns upon whether Defendant has shown good cause to deserve such protection and not 

whether there is a presumption of public access. See Pansy v. Borough of Stroudsburg, 23 F.3d 

772, 786 (3d Cir. 1994). 

B. Defendants Allegations of Public Embarrassment are Neither Supported by his 

Own Conduct nor by any Per Se Legal Standard. 

7 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 8 of 44
Defendant contends that "private" matters related to his health, medical history, and 

business and financial practices should be protected from disclosure because of the 

embarrassment that would cause of him if they were made public, an implicit acknowledgement 

of his public stature and the interest that his circumstances engender among the public. These 

kinds of matters are, of course, the subject of everyday litigation, and hardly distinguish the 

Defendant's situation from that of any other civil litigant. The distinguishing factor, from 

Defendant's point of view, is that defendant is a celebrity. Yet, courts do not give celebrities 

special consideration and Defendant cites to none that do.2 But see Willie Nelson Music Co. v. 

Commissioner of Internal Revenue, 85 T.C. 914, 916 (1985) (motion for protective order denied 

despite assertions by singer/celebrity that criminal liability may subject him to embarrassment 

and emotional distress); Condit v. Dunne, 225 F.R.D. 113 (S.D. N.Y. 2004) (court refused to 

impose protective order on discovery where former Congressman sued television commentator 

about statements made about possible involvement in a woman's disappearance); Flaherty v. 

Seroussi, 209 F.R.D. 295, 300 (legitimate public interest to have access to court proceedings 

outweighed embarrassment that might be caused by release of video-taped deposition). 

The real issue here is not Defendant's financial and health "secrets," it is Plaintiffs 

allegations concerning drugs and sexual misconduct Following Shingara v. Skiles, 420 F.3d 301 

(3d Cir. 2005) and Pansy v. Borough of Stroudsburg, 23 F.3d 772, 786 (3d Cir. 1994), a party 

seeking protection from potential embarrassment must show it to be "particularly serious." 

Shingara, 420 F.3d at 307. Other than to vaguely restate the facts contained in discovery, 

Defendant fails to specify the serious harm that will occur from their disclosure. How serious 

can such facts be if he pokes fun of the Plaintiffs allegations in stand-up comedy routines? 

2 Defendant reliance upon Jones v. Clinton, 993 F. Supp. 1217 (E.D.Ark.1998) and People v. Jackson, 27 Cal. Rptr. 

3d 596 (Cal. Ct. App. 2005) is misplaced. In Clinton, the issue was the protecting of the Jane Doe witnesses, not the 

Defendant; and in Jackson, a criminal matter, the court was concerned about harm to child victims. 

8 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 9 of 44
Defendant contends that he deserves special protection from disclosure because his "reputation is 

his livelihood," as if to trivialize the Plaintiffs reputation. Underlying his rhetoric is not the 

issue of "embarrassment", it is "control." Defendant wants to control - personally and with his 

public relations machine - how and what is said about him to the public, leaving the plaintiff 

without a voice. These arguments do not form the grounds for maintaining a seal on discovery. 

To the contrary, they demand that the seal be lifted. 

Defendant also makes a sweeping and unsubstantiated claim that release of discovery 

papers could make it impossible for him to receive a fair trial. Defendant's Brief at 11. The law 

does not support his contention and even Shingara, relied upon by Defendant, rejects the notion 

that such assertions are dispositive of "good cause". The court held 

To start with, the concern that the disclosure of discovery materials 

to the media could unduly prejudice the public is exactly the type 

of broad, unsubstantiated allegation of harm that does not support a 

showing of good cause. See Glenmede Trust Co., 56 F.3d at 483. 

We ordinarily are confident that a district court will be able to 

select a fair and impartial jury in cases even where there has been 

pre-trial media attention to the case and we see no reason to 

believe that this case would present an exception to the usual case. 

See United States v. Gilsenan, 949 F.2d 90, 96 (3d Cir.1991). 

Therefore, we fail to see how jury selection will be a serious 

concern, let alone good cause for a broad and sweeping protective 

order, in this case. After all, the defendants did not present any 

evidence to support their argument, drawn from the information 

already published, that there will be difficulty selecting a jury in 

this case or evidence that if additional information is published 

there would be such difficulty. 

Shingara at 307. On these grounds, the defendant's request should be rejected. 

C. Under Defamation Law, Plaintiff has a Right to Vindicate Her Reputation 

Defendant wants to maintain a seal of secrecy of discovery materials that relate directly 

to the public comments he has made about the Plaintiff and her motivations. His contacts with 

9 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 10 of 44
Celebrity Justice and his exclusive agreement with the National Enquirer, is a case in point. 

Defendant has testified that he agreed to speak to the National Enquirer so it would "kill" a 

similar story about Beth Ferrier, another accuser, and publish his story instead. The intent, of 

course, was to suggest Plaintiff was trying to "exploit" Defendant and to prevent the Ferrier story 

from being made public, thereby, undermining the credibility of plaintiffs own story. 

{ 

Maintaining the seal on discovery documents, including the Defendant's deposition, undermines 

one of the basic principles of Pennsylvania defamation law, that is, public vindication. The 

Supreme Court of Pennsylvania has held: 

Moreover, in determining where a cause of action for libel arises, 

we must keep certain fundamental points in mind. The most 

important function of an action for defamation is to give the 

innocent and injured plaintiff a public vindication of his good 

name. Its primary purpose is to restore his unjustly tarnished 

reputation, and 'reputation is the estimation in which one's 

character is held by his neighbors or associates. 'Restatement, 

Torts s 577, comment b (1938). 

Gaetano v. Sharon Herald Co., 426 Pa. 179, 183, 231A.2d753, 755 (1967). See also Spragu.e v. 

American Bar Association, 276 F. Supp.2d 365, 374 (E.D. Pa. 2003) 

Defendant argues that this principle is irrelevant to the issue before the Court because a 

trial will determine whether Plaintiff is vindicated or not. Courts, however, do not limit the 

principle of public vindication to the results of trial - and Defendant cites to none - rather, it is 

through the litigation process that public vindication is obtained. Notwithstanding, in view of the 

Defendant's continued efforts at public damage control, sealing the documents renders the 

Plaintiff powerless to publicly demonstrate her good name, while permitting the Defendant to 

continue to manipulate the press and public opinion for his own benefit. This should not be 

countenanced by permitting the seal to remain in place. 

10 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 11 of 44
D. Defendant has Failed to Show "Good Cause" for keeping His Deposition Under 

Seal. 

Defendant claims this deposition testimony provides the required nexus between his 

concern with embarrassment and public disclosure that this Court requires under Pansy, supra, to 

maintain the seal of confidentiality. He speculates that disclosure of his testimony would be 

"terrible" because his social, sexual, and medical history would be revealed leading to inevitable 

"scandal". He claims that these broad, speculative and unsubstantiated claims rise to the level of 

specificity required under Pansy, supra. Plaintiff vehemently disagrees because: (1) this Court 

has already held that such broad assertions do not rise to the level of the required specificity; (2) 

Defendant's privacy interest is not the same as that of a general member of the public; (3) by his 

own conduct, he has waived his expectation of privacy; and (4) his privacy interest is reduced by 

the likelihood that it will be eventually disclosed. 

This Court, following Pansy, supra and Cipollone v. Liggett Group, Inc., 785 F .2d 1108, 

1121 (3d Cir. 1986), has held that "[b]road allegations of harm, unsubstantiated by specific 

examples of articulated reasoning, do not support a good cause showing." Constand v. Cosby, 

C.A. No. 05-1099, Order, July 6, 2005, Document 37, filed 7/7/05 at n. 1 (E.D. Pa.) (Robreno, 

J.). In earlier briefing in this case, on the motion of the Jane Doe witnesses to protect their 

identities, the witnesses submitted to the Court examples of how each would suffer harm by the 

disclosure of their relationships with the Defendant. See Motion of Jane Doe Witnesses to 

Protect Disclosure of Their Names Outside of this Litigation and Supporting Memorandum of 

Law Constand v. Cosby, C.A. No. 05-1099, Document 33, filed 6/13/05 (E.D. Pa.). The 

witnesses asserted that disclosure would adversely effect health and mental problems and 

conditions - bipolar disorder in one case; effect their employment and careers; and cause 

humiliation and harassment by media attention. These assertions are not unlike those of the 

11 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 12 of 44
Defendant who alleges harm from the media and damage to his career which "would quickly 

become the subject of scandal." With regard to the Jane Doe witnesses, this Court held that 

the allegations of harm by each of the Jane Doe witnesses are 

unsubstantiated broad allegations insufficient to establish good 

cause. First, no affidavits have been provided by any of the Jane 

Does to support their counsels' description of the possible harm 

from disclosure. Thus, the allegations are factually unsupported. 

Second, while disclosures may prove annoying and potentially 

embarrassing, these factors do not supply the requisite quantum to 

trump the public interest in access to court proceedings. 

Constand v. Cosby, C.A. No. 05-1099, Order, July 6, 2005, n. 1 (E.D. Pa.) (Robreno, J.) The 

Defendant has provided less support for his broad allegations of harm than the Jane Doe 

witnesses. His assertions of scandal are at best speculative and his motion is unsupported by 

either specific reference to the testimony or by affidavit alleging specific harm He provides no 

basis for continuing protection of his deposition transcript or other documents. 

Defendant claims that his is not a "public figure" merely because he is a celebrity and 

entertainer. He neglects, however, to point out that he is much more than just a celebrity. It is a 

matter of public record that he is a community leader, serves on boards of major universities, 

takes public stands on important issues, and is frequently interviewed by the press for his 

opinions, not his jokes. Albeit he is not an elected official, it is beyond dispute that he is a public 

figure who generates intense and legitimate public scrutiny and interest. As a result, his 

expectation of privacy cannot be equivalent to that of a private citizen. Pansy, 23 F .3d at 787 

(privacy interests of a public person are diminished). The cases cited by Defendant are limited 

to individuals who are only entertainers and have not risen to the heights of public service either 

by choice or by election. See, e.g., Paisley Park Enters. v. Uptown Prods., 54 F. Supp. 2d 347 

(S.D.N.Y. 1999) (Court protects Prince, a musician and recording artist); Condit v. Dunne, 225 

F.R.D. 113 (S.D.N.Y. 2004). The court's words in Condit v. Dunne, 225 F.R.D. 113, 120 

12 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 13 of 44
(S.D.N.Y. 2004)- quoted by Defendant- are, indeed relevant here: "[m]ore than mere celebrity 

interest is involved in this case." By injecting himself into the public eye, Defendant must 

accept the consequences. See Leverton v. Curtis Pub. Co., 192 F.2d 974 (3d Cir. 1951) (right of 

privacy is waived by individual voluntarily getting into the public eye). Defendant is more than 

just a celebrity and as a consequence, he has diminished privacy interest. 

Defendant's expectation of privacy has necessarily been diminished by his own conduct. 

His contacts with Celebrity Justice and his exclusive contractual interview with the National 

Enquirer were all attempts at using his public stature to persuade the public about his side of the 

story. It is not just the Plaintiff who has placed his conduct at issue. Defendant, on his own 

behalf, has reached out to the media about his "innocence" at the same time defaming his 

accuser. Now he wants the Court to protect him from publicity, which is not under his control. 

This simply is not "good cause" for protecting his deposition from disclosure. 

It is also important to recognize that the matters of concern to the Defendant, to the 

extent that facts are not already the subject of public knowledge, will eventually be disclosed, a 

fact that also diminishes his privacy interest. In a case very close on point, Koster v. Chase 

Manhattan Bank, 93 F.R.D. 471, 472 (D.C.N.Y. 1982), a former bank employee commenced an 

action against Chase Manhattan Bank and a former vice-president alleging that while she and 

former vice-president were employed by bank, he forced her to engage in a sexual relationship 

with him, abused her, and interfered with her career. The lawsuit generated a considerable 

amount of publicity in newspapers, television, and radio. The Koster court wrote that 

"[a]ccording to the defendants, the widespread and, at times, somewhat sensationalized coverage 

has resulted in injury to the reputations of Ross, the Bank and its employees." Id. at 472-73. As 

a consequence the defendants moved for a protective order to seal information obtained through 

13 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 14 of 44
discovery. The court performed a detailed "good cause" analysis, denied the defendant's motion, 

and held the following about the his concerns of embarrassment: 

The relative importance to this lawsuit of information concerning 

any sexual relationship between Koster and Ross is another factor 

that leads us to deny the defendants' motion. Ordinarily, one's 

privacy interest in preventing the public disclosure of the details of 

a sexual relationship might be viewed as a reason for granting a 

protective order. In this instance, however, the information is not 

irrelevant matter that was revealed as a by-product of the liberal 

discovery rules. Rather, the facts underlying the plaintiffs 

allegations that Ross forced her to have sex for the purpose of 

"safeguarding her career" and that he abused her when she 

terminated the relationship must be proven if the plaintiff is to 

prevail on her cause of action. In other words, this information is 

highly relevant to the issues in the lawsuit and will be revealed at a 

trial on the merits, assuming that there is one. Thus, the 

defendants' privacy interest in the information is significantly 

reduced by the likelihood that the information will eventually be 

disclosed. See Protective Orders, supra, at 1663 ("If the 

information will be disclosed eventually in any case, there is no 

reason to prevent disclosure at the discovery stage." (footnote 

omitted)); cf. Lucido v. Cravath, Swaine & Moore, supra, 25 

F.R.Serv.2d at 1051 (protective order covered only that 

information that "would, or at a minimum, might not be admissible 

at trial"). 

Id. at 482 (emphasis added). Similarly, the issues raised in the Defendant's deposition are at the 

heart of Plaintiffs claims. As a practical matter, placing the deposition and other discovery 

materials under seal now will not protect the Defendant from its eventual disclosure, nor is it fair 

to Plaintiff or the public. As a consequence, the Defendant's expectation of privacy is both 

diminished and ephemeral. Accordingly, his request to that his deposition and other documents 

be kept confidential before trial should be denied. 

14 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 15 of 44
CONCLUSION 

For all the above reasons, Defendant's Opposition to Lifting of the Seal Established by 

Case Management Order 2 should be rejected, and the seal lifted. 

By: 

Respectfully submitted, 

TROIANl/KNITZ, L.L.P. 

BbtM& e e . 1v1tz ~~ ~) I.D. No. 30253 

Dolores M. Troiani 

I. D. No. 21283 

Attorneys for Plaintiff 

38 North Waterloo Road 

Devon, Pennsylvania 19333 

(610) 688.8400 

15 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 16 of 44
CERTIFICATE OF SERVICE 

I hereby certify that on January 4, 2006, the undersigned were served in the following 

manner, a true and correct copy of: Plaintiff's Memorandum Of Law In Support Of the Lifting 

Of The Seal Established By Case Management Order 2. 

NAME 

Patrick J. O'Connor, Esquire 

Cozen O'Connor 

1900 Market Street 

Philadelphia, PA 19103 

Andrew D. Schau, Esquire 

Patterson Belknap Webb & Tyler, LLP 

1133 Avenue of the Americas 

New York, NY 10036 

By: 

MANNER 

Via United States First Class Mail 

Via United States First Class Mail 

Respectfully submitted, 

TROIANI/K.IVITZ, L.L.P. 

BebeH~~~ I.D. No. 30253 

Dolores M. Troiani 

I.D. No. 21283 

Attorneys for the Plaintiff 

38 North Waterloo Road 

Devon, Pennsylvania 19333 

(610) 688.8400 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 17 of 44
NBC 1 O.com - Investigators - Investigators Uncover New Information In Cosby Case Page 1of3 

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A former Temple University employee claims 

the comedian fondled her at his Cheltenham 

home back in January of 2004. 

Sources told NBC 10 that investigators at the 

Montgomery County District Attorney's Office 

interviewed the accuser Monday. 

NBC 10 contacted the District Attorney's 

office but was told, "No comment." 

9 NBcm Fl:Eo~ccM Cheltenham Township's police chief would 

not confirm or deny the meeting but did say 

his office is still investigating. 

Sources also told NBC 10 Montgomery County prosecutors are also 

reviewing the case. 

NBC 10 first reported last week that Canadian police confirmed a Toronto 

woman filed a complaint with them on Jan. 13, alleging Cosby gave her 

pills that made her dizzy and later touched her breasts and placed her 

hand on his genitals. 

The woman said the alleged incident happened at Cosby's Cheltenham 

home last January while she worked at Temple. 

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Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 18 of 44
NBC 1 O.com - Investigators - Investigators Uncover New Information In Cosby Case 

No charges have been filed. 

Cosby's attorneys say the allegations are "utterly preposterous and 

plainly bizarre ... and we'll vigorously defend." 

Copyright 2005 by NBC10.com. Alf rights reserved. This material may not 

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Page 2of3 

1/3/2006 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 19 of 44
New York Daily News - Home - Woman: Cosby groped and drugged me last year Page 1 of2 

CUCKTOSAVE 

REGISTER I HEADLINES 1

i%Hi1 Current CLA~ 

11 Home I NeW$ &. View$ I Sports I Entertainment I Biz/Money I Boroughs I City Lit• 

Woman: Cosby groped and 

drugged me 

BY LEO STANDORA 

DAILY NEWS STAFF WRITER 

A female acquaintance has accused Bill Cosby of drugging and groping her 

in his suburban Philadelphia home a year ago, the comedian's lawyer said 

yesterday. 

Attorney Walter Phillips called the allegation "utterly preposterous" and 

said Cosby denied it. 

A law-enforcement source said the unidentified woman claimed the 

comedian knocked her out with drugs, touched her breasts and put her 

hand on his genitals, according to one published account. 

When the woman awoke she found her bra undone, the source said. 

Philadelphia cops began investigating after the women told her story to 

police in Ontario, where she now lives, and they passed the charges on. 

The woman is said to be a former athletic department employee of Temple 

University, Cosby's alma mater. 

Phillips said the 67-year-old Cosby hasn't talked to police yet. 

But the lawyer called the allegations "truly bizarre" and noted they come a 

year after the alleged incident occurred. 

"I would say they're false and utterly preposterous," he said. 

Cosby, who's been married to his wife, Camille, for 41 years and has five 

kids, has faced scandalous allegations before. 

In 1997, Autumn Jackson, a 22-year-old Los Angeles woman, claimed to 

http://www.nydailynews.com/front/story/273507p-234191c.html 

DAI 

Me 

1/3/2006 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 20 of 44
New York Daily News - Home - Woman: Cosby groped and drugged me last year 

LEFT 

be Cosby's illegitimate daughter. She and two cohorts eventually were 

convicted of trying to extort $40 million from the entertainer to buy his 

silence. 

Originally published on January 21, 2005 

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Page 2 of2 

1/3/2006 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 21 of 44
Trouble for the Cos? - Jan 21, 2005 - E! Online News 

01.03.2006 FEATURES GOSSIP TV MO\iIES MUSIC CELEBS 

• first Loo~ • The Dotted Line E! News 

LATEST NEWS 

Trouble for the Cos? 

by Sarah Hall 

Jan 21, 2005, 11:00 AM PT 

Television's favorite sweater-wearing dad may be in hot water. 

An allegation made against BllLCosb_y by a female acquaintance who claims she was 

drugged and groped by the entertainer has touched off a police probe in 

Pennsylvania, where Cosby owns a home. 

The alleged victim is said to be 

a former athletic department 

employee of Temple University, 

Cosby's alma mater, who 

moved back to Canada nine 

months ago after living in 

Pennsylvania for two years. 

According to published reports, 

the woman claims that she met 

Cosby for dinner last January at 

a Pennsylvania restaurant 

where he gave her pills that 

made her dizzy after she 

complained of stress and 

tension. 

The woman said she 

accompanied Cosby home 

where he allegedly proceeded 

to fondle her breast and place 

her hand on his genitals. 

Though the woman reportedly 

admits that her memory of the 

advertisement 

night's events is fuzzy, she claims she woke at 4 a.m. the next morning with her 

clothing in disarray and her bra unfastened. 

http://www.eonline.com/News/Items/O,l,15754,00.html 

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Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 22 of 44
Trouble for the Cos? - Jan 21, 2005 - El Online News 

She allegedly told police that she did not immediately come forward about the 

incident because of Cosby's fame and fear for her position at Temple University. She 

reportedly resigned from her job in April. 

Cosby's attorney, Walter M. Phillips Jr., called the allegation "utterly preposterous" 

and "truly bizarre" and noted that it came a year after the alleged incident occurred. 

"It will be vigorously defended," Phillips told E! Online Friday. 

Phillips said he did not know if the woman had been contacted by authorities. 

Pennsylvania law officials picked up the case after the woman made her complaint to 

police in Ontario on Jan. 13. 

Canadian authorities passed the information on to Philadelphia police who directed 

the case to the police in Cheltenham Township, where Cosby's home is located. 

The Cheltenham Township Police Force had no comment Friday on the allegation or 

any pending investigation. 

Perhaps bowing to pressure, Cosby canceled a raft of personal appearances, 

including a town hall appearance in Cleveland, Ohio Thursday night and three 

upcoming appearances in Florida--two in Fort Lauderdale and one in Daytona. 

Cosby's rep would not say whether the cancellations were related to the allegation 

against the comedian. 

The Jell-0-loving Cosby, who has been married to his wife, Camille, for 41 years, has 

faced scandal before. In 1997, Autumn Jackson, a 22-year-old Los Angeles woman, 

claimed to be the entertainer's illegitimate daughter and forced Cosby to admit in 

court to having an affair with her mother. 

However, Cosby denied that he was Jackson's father, and she and two cohorts were 

eventually convicted of trying to extort $40 million from him in order to buy her 

silence. 

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1/3/2006 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 23 of 44
Trouble for the Cos? - Jan 21, 2005 - E! Online News 

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Page 3of3 

1/3/2006 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 24 of 44
Bill Cosby accused of raping woman 

R~Sfei);toglril' . 'Y:tt: .. 

Nick Password 

whatever it is 

whatever it is 

Page 1of3 

we've got all the answers 

·· Writing > Writing Screenplays > Bill Cosby accu ... A 

- Latest [Topics I Posts] Archive Post AN 

<< Topk <Post Post 1of5 Topic 1805 of3· 

Bill Cosby accused of raping womai 

by ienjball@[EMAIL PROTECTED] Jan 20, 2005 at 07 

Cosby hires lawyer after groping allegation 

By Keith Herbert and Thomas J. Gibbons Jr. 

INQUIRER STAFF WRITERS 

Entertainer Bill Cosby has hired an attorney 

allegations that he drugged and then groped a 

Cheltenham home. 

Attorney Walter M. Phillips Jr. said today th. 

defend himself against the alleged incident, · 

place in January 2004. 

"I can say that I've been retained by Mr. Cosl 

Philadelphia criminal defense attorney. 

A law enforcement source said tonight that th· 

drugged her, touched her breasts and put her 

she later awoke, her bra was undone, the sour· 

Last week, the woman contacted Durham Regiona 

there forwarded the complaint to Philadelphia 

it to Cheltenham Township officers earlier th. 

The woman, a former athletic department emplo 

now living in Canada, is expected to be inter 

Township investigators in the near future, th· 

Phillips said that the allegations of what he 

touching" were "truly bizarre." He noted that 

incident occurred. 

"I would say they're false and preposterous," 

Cosby hasn't spoke to police about the compla 

"My understanding is that they haven't even SJ 

and they may never," Phillips said. "They may 

it's an utterly preposterous allegation." 

.David Brokaw, a spokesman for Cosby in Los An· 

cancelled appearances for "personal reasons" 

Music Center and Sunday at the Broward Center 

No other appearances had been canceled, Broka• 

http://www.talkaboutwriting.com/group/misc.writing.screenplays/messages/480268.html 1/3/2006 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 25 of 44
Bill Cosby accused of raping woman Page 2of3 

When asked about the allegations, Montgomery 1 

District Attorney Risa V. Ferman refused to c' 

A Philadelphia native and Temple graduate, Co. 

the university's sporting events. He has been 

Camille, for 41 years. 

The 67-year-old father of five has faced sala' 

In July 1997, a jury in U.S. District Court i 

22-year-old woman, who claimed to be Cosby's 

trying to extort $40 million from Cosby to bu 

Autumn Jackson and two co-conspirators were C• 

sell the story of a waif spurned by a famous 

tabloid unless they were paid millions. 

On the witness stand at Jackson's trial, a soi 

Las Vegas tryst in the mid-1970s with Jackson 

He acknowledged having provided more than $10 

support to the mother and daughter. 

Cosby said he did not believe the young woman 

refused to take a blood test. 

But the tryst with Jackson rocked Cosby's rep 

who dispenses sage fatherly advice on and off 

5 Posts in Topic: 

Bill Cosby accused of raping 

woman 

Re: Bill Cosby accused ofraping 

woman 

Re: Bill Cosby accused of raping 

woman 

Re: Bill Cosby accused of raping 

woman 

Re: Bill Cosby accused of 

rapmgwoman 

ienjball@[EMAJ 

PROTECTED 

Jon Green <jons: 

"Michael Rosen' 

"Giuditta" < 

"Michael Rosen' 

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http://www.talkaboutwriting.com/group/misc.writing.screenplays/messages/480268.html 1/3/2006 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 26 of 44
Bill Cosby accused of raping woman Page 3of3 

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Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 27 of 44
FOXNews.com - Woman Accuses Cosby; Cops Investigating Page 1of1 

Woman Accuses Cosby; Cops Investigating 

Friday, January 21, 2005 

LOS ANGELES - A female acquaintance of comedian Bill Cosby (search) has leveled an allegation against him 

that has prompted a police investigation in Philadelphia, the entertainer's attorney said Thursday. 

Attorney Walter Phillips (search) wouldn't discuss the specifics of the allegation but said it amounts to, at the most, 

"inappropriate touching." 

No charges have been brought against Cosby, but Phillips said authorities have begun an investigation. He said the 

accuser, who lives in Canada, knows Cosby and the alleged incident in question happened about a year ago. He 

called the allegation "utterly preposterous." 

"I know the person making the accusation hasn't been contacted by authorities," Phillips said in a telephone interview 

with The Associated Press. "We are hopeful and optimistic that no charges will be brought forward." 

Philadelphia police and Canadian authorities declined to comment. 

Meanwhile, Cosby postponed a town hall meeting in Cleveland on Thursday and has postponed three upcoming 

shows - two in Ft. Lauderdale and one in Daytona, both in Florida, Cosby's publicist, David Brokaw, said. 

Brokaw wouldn't say whether the postponements have anything to do with the recent allegation. 

About 3,600 people, including many Cleveland public school students and their parents, received free tickets for the 

event at the downtown Music Hall, part of the Cleveland Convention Center (search). 

"I feel awful about it," said Sam Fulwood, a (Cleveland) Plain Dealer columnist, who said he received a personal call 

from Cosby requesting help organizing the event. 

Fulwood said he has not heard from Cosby directly since learning of the postponement Wednesday night. 

"He's not talking right now," Fulwood said. 

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All market data delayed 20 minutes. 

1 /LI./?()()/\ 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 28 of 44
! I 

CJ - Cosb~ Accuser's .Mom Contacted Cosby Before Cops? Page 1 of I 

111· SEARCH 

A •ee1ebrity Justice" Exclusive. 

Sources connected with Bill Cosby tell "CJ" that 

before his accuser went to police, her mother asked 

the comedian to make things right with money. 

. Cosoy has been accused of sexual assault by a 

woman who played basketball for the University of Arizona before taking a job at Temple 

University in Phila9elphia. She has claimed that Cosby drugged and then fondled her. The 

incident in question took place a year ago January at Cosby's home in Philadelphia. 

Cosby has told police that there was a sexual encounter. but that it was consensual. 

According to "CJ" Executive Pro.ducer Harvey Levin. "Sources tell us that Cosby and his accuser 

had a cordial relationship throughout 2004, but we're told her mother contacted Cosby last month 

and complained." 

Sources say Cosby was under the impression the mother wanted money, so to keep the 

encounter quiet. he called the mother back. We're told she asked Cosby to help pay for her 

daughter's education and to generally help her out financially, and this conversation occurred 

oofore the accuser ever contacted police. 

It appears the accuser and her mother may have taped at least one conversation with Cosby. 

As police continue lo Investigate, a Cosby rep call this a classic shakedown. 

;·--{~~];,}#f4} ).-.. , .. 

WJ 

Click to Watch the Video 

TOP STORIES 

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for Alleged Imposter Si;.am 

Mindy McCrea~y Suffers Brutal 

Beating 

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Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 29 of 44
' I 

_,; ~ Cosb/s Attorney Claims Accuser After Cash _JY- • • 

Page· I of I 

111

• SEARCH 

-. ······-··- .. - . ''"·-·--------·-·----·-·\ .------=--~----. i Cosby's Attorney Claims Accuser 

> I After Cash 

~ February 9, 2005 

~· 

Bill Cosby is facing accusations of sexual assautt, and now his lawyer is firing back big time. The comedian's 

Los Angeles based attorney, Marty Singer spoke with 

~cJn about alleged tape-recorded phone calls in 

which, he says, his client was approached for money. 

A Canadian woman has accused Cosby of sexually 

assaulting her. Sources tell "CJ' that the accuser and her mother had at least two phone 

conversations with Cosby during the same_ week that she went to police. Sources also tell us they 

believe those phone conversations were taped. 

C..,\ contacted the accusets mo~er by phone. The mother would not Comment on the alleged 

phone calls, but she insisted to the "CJ" producer that neither she norhor daughter ever a~ked 

Cosby for money or. other assistance. Cosby's attorney strongly disputes that. Marty Singer tells 

"CJ," "These people contacted Mr. Cosby with the intention of requesting money from Mr. Cosby. 

it is very obvious." · 

Meanwhile, the DA in the case is speaking out on Philly talk-radio. On Tuesday, District Attorney 

Bruce Castor of Montgomery County. Pennsylvania, told talk show host Michael Smerconlsh on· 

1210 AM that his public statements about the strength of the case have been misunderstood. 

"You'll find no place where I said the case was weak or anything of that nature," Castor insisted •. 

TOP STORIES :: . ·:: . . , ,,. 

Robin Williams Sues lmpl!tson.ottor 

for Alleged Imposter Sc-earn 

Mindy McCready Suffers Bnrtal 

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Deposition 

Brad Pitt Lawyers Up for Divorce 

Robert 91ake's Freedom Style 

Prison Tapes Reveal Blake Cn!'led 

Caleb Support 

James D~nton':s 'Desperate' Mo11E! 

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Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 30 of 44
By NICOLE WEISENSEE EGAN 

weisenn@phillynews.ci1m 

A CALIFORNIA LAWYER says she has told Montgomery 

County investigators who are probing sex allegations against 

Bill Cosby that the entertainer drugged her and tried to force himself on her about 30 years ago. 

'I'amara Green, a longtime criminal and civil lawyer and former 

fashion model, said she decided to tell her story after Cosby's lawyer and the Montgomety County district attorney publicly cast 

doubt on a former Temple University women's basketball executive's allegations that Cosby drugged and groped her at his Elkins 

Park mansion last year. ----m11111mllllllllillliB'll 

"I realize that him doing it to me 30 

years ago doesn't prove he did it to this 

girl today, but when I heard the circumstonces, I felt compelled to call up and 

say, 'He ,fal exactly the same thing to 

me,' "s~>.id Green, 57, in a phone interview 

from her Ventura, Calif., home. 

"Do I want everybody to know that he 

had his dirt;v paws all over me? No,'' she 

said. 

"But 1 don't think it's right that they're 

going to disregard this woman and her allegations. 1 feel like they shouid look into 

it more seriously than I thought they 

were going to." 

The Daily News usually withholds the 

identity of alleged sexual assault victims, 

but Green said she wants her name used. 

What she said .convinced her to go public was not any desire for justice for herself or for money or even for publicity. 

She said she believes it was her "civic duty and moral obligation" to come forward 

after Cosby's lawyer rfonounced the Temple woman's claims as "bizarre and preposterous'' and Montgomery County 

D.A. Bruce L. Castor Jr. characterized 

the case against Cosby as weak. 

"I heard his lawyer said her claims 

were preposterous and basically I 

thought, 'My eye. He did exactly the same 

thing to me,' " said Green. "It set my 

teeth on edgt~ and made my hair stand up. 

''Then I heard a press release from the 

district attorney saying he thought the 

case was weak and why did she wait so 

long to come forward?" she said. "I 

worked in a D.A.'s office and that's D.A.-

speak for 'We're not filing charges.' I felt 

compelled to come forward after I heard 

that." 

Cosby's lawyer, Walter Phillips J1~, denied Green's allegations. He would not answer questions about her story. 

"I've spoken with my client," Phillips 

See COSBY Next Page 

> Bill Cosby's lawye Walter Phillips Jr., d ·· 

Green's allegations · 

not answer questi 

story. lil've spoke 

client," Phillips s . "Mr. Cosby [above' 

recognize the nam 

Green [right] or Ta: 

(her maiden namel 

event, the incident 

described did not f 

in any way, shape 

l 

Photos: DAVID MAIALETTl/Dally News&.' 

TUESDAY, FEBRUARY 8, 2005 PHILADELPHIA DAILY NEWS 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 31 of 44
+ 

r;ne eari;y J.:>1v:s. 

COSBY 

Continued from Preceding Page 

said. "Mr. Cosby does not recognize the names Tamara Green or 

Tamara Lucier [her maiden 

name]. In any event, the incident 

you described did not happen in 

any way, shape or form." 

Cosby has also denied the 

former Temple executive's allegations. She claims Cosby gave her 

some pills, then groped her while 

:<he was immobilized at his Montgomery County mansion in January 2004. 

Castor has said his office would 

decide this week whether to 

charge Cosby "or anyone else" in 

the probe of the ex-Temple em1)loyee's complaint. 

Green said she gave a statement by phone to a Mon,tgomery 

County detective on Jan. 28 and 

told him she would testify if necessary. She also said she spoke to 

Risa Vetri Ferman, Castor's first 

assistant, yesterday . Green also 

spoke to lawyers who represent 

the former Temple employee. 

Neither Castor nor Ferman 

would comment. 

Dolores Troiani, the Devon lawyer who represents the former 

Temple employee, said she found 

Green "credible." 

"She's an attorney and she 

seemed to still be- angry after all 

ofthese years, which is only an indication of how much an attack 

like this affects somebody's life," 

Troiani said. 

If Cosby is charged with sexually assaulting the former Temple 

worker, the testimony of someone making claims like Green's 

might be useful to prosecutors if 

a judge allows it into evidence, 

PAGE 4 

said Wendy Demchik-Alloy, a retired Montgomery County ·sex 

crimes prosecutor. 

"It helps to fortify the prosecution because instead of just having one victim, in effect on an island, all by herself, with no other 

evidence, you have two," said 

Demchik-Alloy. 

Green is a longtime criminal 

and civil lawyer. She said she is 

mostly retired now, handling only 

appeals. In 2002, she represented 

the elderly Lee Minnelli, Liza Minnelli's stepmother, in a lawsuit 

that accused Liza Minnelli of elder abuse and breach of contract 

· after Liza tried to sell the house 

out from under her. Lee Minnelli 

eventually dropped the lawsuit after she was allowed to remain in 

her home. 

Gr~en said she has told her Cosby story to various friends 

throtigh the years. But she said 

she never went to law enforcement because, soon after the encounter, Cosby showed up at Children's Hospital in Los Angeles 

where her 16-year-old brother, 

Marc Lucier, was dying from cystic fibrosis. 

"My brother just thought it was 

the bee's knees that the great Bill 

Cosby was my friend and had 

come to the hospital to see him 

and made him a hero and made 

the other terminal kids happy," 

she said. "He gave autographs 

and 'Attaboys' and I just couldn't 

take that away from my brother." 

Her brother died several 

months after that, she said, but 

she still didn't go to law enforcement. 

in me that didn't want people to 

know that that man had his paws 

all over me." 

Three friends, including an estranged second husband, confirmed that Green had told them 

about the alleged drugging and 

groping many times over the last 

30 years. The husband, Ben Housouer, an attorney, said Green "is 

not a bulls----er" and wouldn't lie. 

Before she became a lawyer, before her first marriage to Walon 

Green, an Academy Award and 

Emmy winning Hollywood writer 

and producer, she was Tamara 

Lucier. 

Back in the early-19708, she 

was a model and a starlet, doing 

teleVision commercials for CocaCola, Pontiac and Maybelline, 

among others, she said, and met 

Cosby when she auditioned as a 

singer for his production company. She said Cosby hired her to 

help hiiμ open a club in Los Angeles. 

"My function was going to be to 

go through Cosby's personal 

phone records and call everyone 

he knew to get memberships for 

the club," she said. 

She'd had the job only about a 

week when, one day, she felt sick 

and called him at Figero, a restaurant in Los Angeles that she said 

Cosby owned, to tell him she was 

going home. 

"I said, 'I can't work today. I am · 

so sick. I think I've got the flu," 

she said. "He saidt'Come over to 

Figero's and have lunch. Maybe 

you'll feel better." 

She said she drove to the restaurant and sat at a table with Cosby 

and six or eight others. "By then I'm in another relationship with a film director," she 

said. "And there was something See COSBY Page 22 

PH IL A 0 EL PH I A D·A IL Y NEWS 

By SIMONE WEICHSELB, 

simone@phillynews.com 

An unknown savior, dres~ 

an Eagles jersey and mat< 

hat, saved a woman from a I 

ble rape just hours afte1 

team won the NFC cham 

ship game last month, I 

said yesterday. 

Cops said they are tryi: 

find the mystery Eagles' 

porter - described as a h 

set white man, 5-foot-8 or 

who tackled a man in the 1 

of an attempted kidnappin 

20-year-old woman at : 

11:30 p.m. Jan. 23 on SJ 

Street near Broad. 

Police said they are also i 

tigating whether the susp 

abductor is the same mar 

attacked three other C 

City women in the pas1 

months. 

Lt. Tom McDevitt, of th1 

cial Victims Unit, said 

would like to talk to the he 

a press conference, Mel 

said. "We are hoping to fin 

brave male." 

The "brave male" was as 

er to the woman he was w: 

behind that night, police 

The woman walked past a 

van driver who was bE 

down near his tire. He po 

on her and shoved her in 

faded blue vehicle with gra 

rior and no back seats. 

said. · 

But the driver had troubl 

ing the van's door and 

tried to slam it shut the : 

fan wrestled him to the 

ment, cops said. 

"He tackled the male a 

was able to get away," Mc 

said. 

The man broke away a 

caped in the van, police sa 

Cops escorted the ' 

· back to the scene but c1 

find the suspect or the 

fan. 

The woman's descrip1 

her assailant led a polic1 

to draw a sketch simil2 

drawing of a wanted rapi 

broke into a 21-year-old 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 32 of 44
REMODELING 

lNSHIP fDB one 30 YEARS 

•-293-1660 

~s- CENTERS 

RPETS CENTERS 

>UGH 

•xttoWciwa) 

.00 

~T.10-5 

SOUTH PHILA 1632 W. Possyunk Ave. 

465-1117 M.-W.F. 10-S; T.TH.SAT. 10-5 SUN.Q.OSED 

BENSALEM 2-066 Street Rd. Bensalem Plaza 

245-4400 . MOH.-FRI. 10-8, SAT. 10-5 SUN. 12-5 

FIRE 

Continued from Page 5 

to face." 

The children waited at the 

South Philadelphia Older Adult 

Center, 1430 E. Passyunk Ave., to 

be picked up by their parents. 

"I'm just glad they're safe," 

sighed Melony Merritt, 24, as 

she looked at her daughter Lela 

Dowdy, 3, and son Elijah Dowdy, 

1112. "I was so worried." 

Anthony Bonocore raced to 

the senior center to get his stepson, Nicholas Severino, 2. He 

COSBY 

Continued from Page 4 

"I sat down and said, 'I really 

feel sick,' " she said. "Cosby said, 

'Would you like some Contac?' I 

thought, 'Well, sure. Contac can't 

hurt.'" 

Cosby disappeared into a restaurant office area and returned 

with two gray-and-red capsules, 

which he gave to her, she said. 

She took them. 

"In about 20 minutes I felt like a 

million bucks," she said. "Well 

about 10 minutes after that, I'm 

face-down in my salad. I was realthe new 'Kids' Talk' book? 

~-

~ 

Kids Have All 

the Answers 

?J 

Pictures by (from left): 

Rebecca Le, 

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,000 area students are! 

: they wrote. Enjoy 150+ pictures they drew. 

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praised the day care center staff 

and mourned the loss of a neighborhood institution. 

"I can't say a single bad thing 

about them. It's a very family-oriented atmosphere and they've 

been great to everyone," said 

Bonocore, 39. 

The day-care center was fully licensed and met all the fire and 

zoning code regulations, said Dominic Verdi, the deputy commissioner of Licenses and Inspections. 

The fire did underscore the critical need for local ladder companies, according to First District 

ly just stoned, I mean, smashed." 

Cosby told her she must be sicker than she thought and said he'd 

drive her home in his car, she 

said. When they got to her apartment, she said he came inside and 

began trying to take off her 

clothes. 

"I started fighting him and he's 

kissing on me, peeling off my 

clothes," she said. "I'm starting to 

freak and I'm telling him, 'You're 

going to have to kill me.' " 

She said she screamed, picked 

up a lamp and threatened to 

throw it through her window to 

get somebody's attention. He finally let go ofher, she said. 

Cosby then dropped two $100 

bills on her end table and left. 

Councilman Frank DiCicco, inciuding one company that responded to the day care fire. 

Ladder 11, at 12th and Reed 

streets, is one of eight companies 

targeted by Mayor Street for closure because of budgetary constraints. 

"I think this was a reality check 

for all of us," DiCicco said. "I 

don't want to politicize this, but 

God only knows what kind of situation we would have had if they 

weren't here."*· 

Staff writer Catherine Lucey contributed to this report. 

cause I'd been sick to begin with.' 

She went to the hospital to visi1 

her brother either that day or th1 

next and discovered that Cosb~ 

had been there, she said. 

She never returned to her jol 

working for Cosby. She said sh1 

saw him about a week later. 

"You're lucky you went to sei 

my brother," she said she tol< 

him. "I'm not going to make a fus 

about this, but I'm going to tell ev 

eryone I know what you did t• 

me." 

Through the years, she said sh 

told many people, "depending o: 

the company I was in," she said. 

She later married, had a chilc 

got divorced and remarried. I 

1987 she graduated from Sant 

Barbara College ofLaw. 

"That infuriated me," she said. 

"l put my clothes back on and ran 

out of my apartment. I_ fell off my 

own front porch and was all cut Green said she realizes she'll b 

up and beat up. Then I staggered attacked for bringing up hE 

into the street and stopped a car." story after so much time but sai 

She said she convinced the she feels strongly that she shoul 

stranger to drive her back to Fige- support the former Templ 

ro, where she thought she could employee. 

confront Cos?Y· She said .~~e ~as _ "Even though she took a lon 

e~~ged and rnt;ended to rip hrm time to do it, she still had to mu; 

up if she saw him, but he and the ter up the courage to take on tt 

other people at the lunch were t Bill C b ,, G . d 

gone. grea os y, reen sru . 

Thenextday,shefoltawful. "I never came forward," ·sl 

added "It doesn't mean it dich: 

happen. It just means he we1 

and bought me off - by going' 

the children's terminal ward." 1 

"I'm hungover from whatever 

he gave me. I feel terrible and I'm 

all beaten up from falling off my 

porch," she said. "And I'm sick beSuper Bowl Clearance Sala 

All in Stock Mercandise 

FRIDAY and SATURDAY 

• 

FEB. 11 & 12 -

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r..a~•--;;Jiiiw•a~'\;;;;tP.~~. 'a 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 33 of 44
Sill Cosby ends his silence: 

JlRRY LEVINE 

G)' G nie National ENQUIRER, Inc. 

© 2~ blockbuster exclusive inl

:N ·ewwithTheENQUIRER, te_f cosbY has spoken out for 

B1 first time since he was tbe d of the headline-makc~al moles1'.ltion charges 

jjlg t bya Canadian woman. 

brDughnot saying that what I did 

•J'Jll 

was wrong, but I apologize to my 

loving wife, who has stood by my 

side for all these years, for any 

pain I have caused her," the 67-

year-old entertainer told The 

ENQUIRER. 

"These allegations have caused 

my family great emotional stress." 

The soul-baring interview took 

place on February 21 in a hotel 

suite in Houston, Texas, during 

Cosby's concert tour. · 

Reacting to the prospect of a civil action from the young Canadian woman, furious Cosby 

vowed to The ENQUIRER that he 

would stand his ground against 

anyone who tried to "exploit" him 

because he is a celebrity. 

And about the California 

:• 

II re 

$ woman who publicly supported g 

his accuser and claimed Cosby had ~ 

acted inappropriately with her, ...1 

too, Cosby told The ENQUIRER: ~ 

"She is a wrecking ball." o 

Responding to the charge by the j:: 

Canadian woman, Cosby de- ~ clared: "No man wants to see his ~ 

family put in the position of having "'" 

(Continued on next page) 29 

... 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 34 of 44
BILL COSBY MY STORY 

'I apologize to my lovJng wife for any pain I have caused her' 

(Continued from Page 29) 

these kinds of allegationl!I 

come out and for your 

loved ones to suffer emo· 

tional stress. 

"The charge can lnflu· 

ence the view that family and friends have of him as a 

good person, a person to be 

trusted. 

"That's what happened 

with this. 

"Looking buck on it, I realize that words and actions 

can be misinterpreted by another person, and unleBS 

you're a supreme being, you 

can't predict what another 

individual will do. 

"But that's all behind me 

now, and I'm looking only 

toward a bright future." 

Cosby became a real-life 

father figure to countless 

Americans with his por• 

lrayal of doling dad Cliff 

Huxtable on "The Cosby 

Show" - and the sexual 

molestation charge from 

the Canadian woman came 

as n bombshell. 

On January 13, the 

woman filed a complaint 

with police saying she was drugged and attacked by 

i 

.. 

g 

Cosby In January 2004. The 

woman told police thntafter 

she complained of stress 

and tension, Cosby gave her 

pills that made her dizzy. 

She said she recalled him 

touching her and when she 

awoke at 4 a.m., her cloth· 

Ing was in disarrny and her 

bra was undone. He vigor· 

ously denied the woman's allegations. 

Cosby told The ENQUIRER that when he heard police had launched 

aninvestigation1 .. My heart 

sank. I was at hoine, and 

these claims hurt me." 

And following a five-week 

Investigation, Montgomery 

County, Pe., District Attor· 

ney Bruce L. Ca•tor Jr. eaid there was "Insufficient 

crec:L.'bte and admissible" evidence to support a charge. 

Following the prosecutor's 

February 17 announcomcnt, the woman's attorney Dolores Troiani said a civil 

lawsuit would be flied 

agninst the star. 

Cosby, who has been the 

victim of nn extortion plot in 

the past, did not want to 

speculate as to whether mon· 

ey the woman's prime 

motive. .. Ilf:t's not go there," 

he told The ENQUIRER. 

But he did say: "I am nnt 

going to give In to people 

who try to exploit me be· 

cause of my celebrity 

status." 

A published report 

states that the woman'• 

mother called Cosby before her daughter went to police 

and the comedian "Wa.!11 

under the 

Impression" 

shewHarter 

hush money. Because the woman 

clnlmed she 

was the vie· tim o( a aex 

crime, The 

ENQUIRER 

is continuing 

to withhold 

her no.me until she goes 

public In a clv· 

ilnction. 

Shelsa31· 

year-old 

rornier pro 

basketball player who 

met Cosby while she worked in the athletic de· 

pnrtment at Phliadelphla's 

Temple University. Temple gl'aduate Cosby is one of the school's biggest boosters. Because of the looming 

civil lawsuit, Cosby 

stressed to The 

ENQUIRER that he could speak only In broad terms 

about the case. 

But In citing an exumple, Cosby suggested that the 

woman might have out 

important racta when she made her allegations to au· 

thoritle•. 

"Toke a kid who cornea 

home from school with a note from the principal," he 

said. 

"The note readl!I, 'We 

would like to •ee you tomorrow to discuss your 

chlld1s behavior.' So the 

parent says to the child, 'What did you do?' 

"The child saya, 'The 

teacher •lapped me, and I kicked her: 

"The parent goes to Uie 

school and is angry with the 

authoritiea. But as the discussion unfolds, we find that tho 

student ha• 

lettout Uie rea· 

IOn for the slap - the child 

picked up a 

stick In the 

clllll!!roomand 

tried to etrllo! 

the teacher. 

"The teach· 

er etepped 

away and 

defense. 

"The child, 

In talking to 

crucial part 

After the 

allegations 

surfaced, the ac<.'1JSer'1 

!! 

the woman, 

Dut Cosby told The ENQUIRER that cclcbri• 

ties are often put in 

positions where their roles 

as mentors can lead to 

trouble. 

"Sometimes you try to help people and it backfires 

on you and then they t',1' to 

take advantage of you, he 

.. 1d. 

"People can 1011 you by 

taking advantage." Cosby admitted that the 

recent scandal lntensifled 

when a California lawyer, 

Tamara Green, 

made additional allege• lions agnln•t him. 

The one .. tlme actress 

and former model told a 

newspaper that she met 

Cosby at •n audition and 

worked at his Los Angeles nightclub 30 years ago. She 

said one day she fell Ill and Cosby gave her two drug 

tablet• that len her 

"atoned." . 

Dack at her apartment, Cosby allegedly tried to 

take advantage of her. She claims Cosby then dropped 

two $100 bills on a table 

andned. 

Green sold she told 

family and friends about 

Cosby's alleged assault but didn't go to police. She finally 

called police on January 28 

and told them her story, and aald she was speaking out 

now because she reared pros• 

ecutors would dismiss the 

claims made by t.he former 

Temple University employee. 

Cosby's lawyers Insisted 

that he did not know Green, 

and directed the media to Im· 

portunt Information about the 

woman's credibility. 

According to the State Bar 

of Callrornia, Green entered a 

program for lawyers with sub. 

stance abuse or mental health 

problems In October. The bar had lodged disclpll· 

nary charges against her in 

March 2004, alleging 12 

of misconduct invol'ving 

three clients, spokeswoman Kathleen Beltlks said. 

Among the allegalions were 

failure to perform with compe· 

tence, rauure to maintain, 

client funds in a trust account; 

and failure to refund unearned. 

fees. 

"My problem is wilh some medls and how it appeared 

that Miss Green was allowed to be a 'wrecking ball,'• Ca.by said. 

"When Miss Green spoke1 they pointed out that she was a 

lawyer. This gives her ere, ity. "Anybody could ha cheeked out her credlblll 

and credentials. But 

pears that they 

checked her- or did 

her and found It was vcnlcnt to not mention it. 

'It's bothersome that w 

my side revealed her b 

ground, we were blamed 

throwing dirt. 

"Then I was 

having a hu 

amount of la· 

That's unfair. 

"1 guess Lho.t 

celebrity trying t, pt'Otect himself 1, 

not supposed t, 

use every ounce of protection." 

Cosby added that he doesn't 

regret having his lawyers re· 

veal information about Green, 

saying If ho didn't, tho media 

onslaught "could have 

even worse. 

"We1re not bringing up 

something that a cadre or special Investigators would have 

needed to go underground with trench 

mustoches to fi 

NE1130Ao 

NE1131AO 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 35 of 44
William Cosby, Jr. 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

ANDREA CONSTAND :CIVIL ACTION 

- VS - :NO. 05-CV-1099 

WILLIAM H. COSBY, JR. :VOLUME II 

1 

Oral deposition of WILLIAM H. COSBY, 

JR., taken pursuant to notice, held at the 

Rittenhouse Hotel, 210 West Rittenhouse 

Square, Philadelphia, Pennsylvania, on 

Thursday, September 29, 2005, beginning at 

approximately 9:20 a.m., before Jen 

Marchesani, a Certified Professional Reporter 

and a Commissioner of the Commonwealth of 

Pennsylvania. 

KAPLAN, LEAMAN AND WOLFE 

The Bourse Building, Suite 970 

111 South Independence Mall East 

Philadelphia, Pennsylvania 19106 

(215) 922-7112 

I KAPLAN, LEAMAN AND WOLFE 

{800) 295-7571 

William Cosby, Jr. 

1 APPEARANCES: 

2 TROIANI/KIVITZ, LLP 

3 BY: DOLORES M. TROIANI, ESQUIRE 

4 BEBE H. KIVITZ, ESQUIRE 

5 38 North Waterloo Road 

6 Devon, Pennsylvania 19333 

7 (610) 688-8400 

8 Counsel for the Plaintiff 

9 

1 o COZEN O'CONNOR 

11 BY: PATRICKJ. O'CONNOR, ESQUIRE 

12 GEORGE GOWEN, ESQUIRE 

13 1900 Market Street 

14 Philadelphia, Pennsylvania 19103 

15 (215) 665-2024 

16 Counsel for the Defendant 

17 

2 

18 PATTERSON, BELKNAP, WEBB & TYLER, LLP 

19 BY: JOHNP. SCHMITT, ESQUIRE 

2 o ANDREW SHAW, ESQUIRE 

21 1133 Avenue of the Americas 

2 2 New York, New York 10036 

23 (212) 336-2849 

2 4 Counsel for the Defendant 

KAPLAN, LEAMAN AND WOLFE 

{800) 295-7571 

William Cosby, Jr. 

1 INDEX 

2 WITNESS PAGE NO. 

3 WILLIAM H. COSBY, JR. 

4 By Ms. Troiani 11 

5 

6 

7 

8 

9 

10 

11 NO. 

12 

13 

14 

15 

16 

17 

18 

19 

20 I 

21 

22 

23 

24 

EXHIBITS 

DESCRIPTION 

NONE MARKED 

PAGE NO. 

KAPLAN, LEAMAN AND WOLFE 

{800) 295-7571 

William Cosby, Jr. 

1 INSTRUCTION NOT TO ANSWER 

2 PAGE NO. LINE NO. 

3 31 15 

4 54 6 

5 54 18 

6 60 16 

7 72 16 

8 74 18 

9 85 4 

10 90 9 

11 90 15 

12 94 1 

13 104 13 

14 112 18 

15 131 12 

16 145 15 

17 148 15 

18 149 1 

19 152 6 

20 153 8 

21 155 8 

22 158 22 

23 159 13 

24 202 1 

KAPLAN, LEAMAN AND WOLFE 

{800) 295-7571 

~._. ___ . e~~"Ccusafions to the district / ~~ ~~~e, one, two. Let's say k'&-:~ . .,

3 

4 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 36 of 44
\ 

J I 

I 

?~j'! 

William Cosby, Jr. William Cosby, Jr. 

221 223 C! 

1 gave this article; is that correct? 1 was talking about, counsel for the 

2 A. Yes. 2 Constands had made it known in print 

3 Q. And you knew that if Beth 3 that they were going to go for a civil N 

D 4 Ferrier's story was printed, that 4 suit. E 5 would add credence to not only 5 Q. At the time that you gave x 6 Andrea's story but also to Tamara 6 this interview to the Enquirer, you 

7 Green's story? 7 wanted the public to believe that 

8 A. You can't put words in my 8 Andrea or her mother had asked you for 11 

9 mouth. 9 money in that phone call when you q 

.I 10 Q. You can say no. This is 10 first learned of this incident? 'i 

11 what is called cross-examination. 11 A. No, I did not want them -- ;i 

12 A. The answer is no. 12 that they asked for money. You're d 

'.l 13 Q. Did you ever think that if 13 twisting what is because the three 

11 14 Beth Ferrier's story was printed in 14 phone calls that are made have to do \~, 

15 the National Enquirer, that that would 15 with -- and I saw in the Daily News or a ft' 

16 make the public believe that maybe 16 some Philadelphia paper, he offered 'j 

17 Andrea was also telling the truth? 17 them money. He offered them money. I :1 

j. 

18 A. Exactly. 18 don't know how that could come, and I 

19 Q. So that you knew when this 19 I'm not trying to turn your question :. 

20 article was printed, when you told the 20 around, I don't know how that could 

21 Enquirer this, that you had to make 21 come out of what I offered in tenns of 

22 the public believe that Andrea was not 22 scholarship for Andrea in trying to 

23 telling the truth? 23 get an education for her if she wanted 

24 A. Yes. 24 it. 

KAPLAN, LEAMAN AND WOLFE KAPLAN, LEAMAN AND WOLFE 

{800) 295-7571 {800) 295-7571 

William Cosby, Jr. William Cosby, Jr. 

222 224 

1 Q. And part of doing that was 1 Q. If Andrea had not - if that 

2 to make the public believe that she 2 phone call had not occurred between 

3 wanted money from you? 3 you and Andrea's mother, would you 

4 A. I believe that your hometown 4 have out of the blue called up her 

5 newspaper upon the time -- the time 5 mother and said, let me pay for 

6 that the announcement came that a firm 6 Andrea's schooling? 

7 representing Andrea said we may have 7 A. No. However, wait one 

8 to go to the civil suit 8 second. I did return the call. I did 

9 Q. You wanted the public to 9 return the call. It was a call to my 

10 believe that at the time that Andrea 10 house, one, two. Let's say Andrea's 

11 made the accusations to the district 11 mother is calling, I did return the 

12 attorney that she did - that her 12 call. 

13 motivation for doing that was money? 13 Q. You 're talking about the 

14 A. Excuse me, when I went to 14 phone call? 

15 the district attorney? · 15 A. That Andrea's mother made. 

16 Q. When she went to the 16 Q. In January? 

17 district attorney. 17 A. Tome. 

18 A. You're changing something, 18 Q. Did you ever tell the 

19 but it's the same question. 19 National Enquirer that the only thing 

20 Q. Yes, I am changing 20 that Andrea's mother had asked for in 

21 something. 21 that conversation was an apology? 

22 A. You've used district 22 A. I didn't mean the only thing 

23 attorney, it's the same answer. When 23 she asked for. I was coming off of 

24 this article had started and what I 24 what she said. That's all I wanted. 

KAPLAN, LEAMAN AND WOT .FR ... --- -

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 37 of 44
Cosby~ays allegations won't stop activism - The Advocate Page 1 of 3 

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Published June 29 2005 

• NEW YORK -- Bill Cosby doesn't believe 

• allegations of infidelity prevent him from 

speaking out about moral issues. 

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In an interview that aired Wednesday on 

ABC's "Good Morning America," Cosby said 

he should be able to teach others to learn from 

his mistakes. He likened his mistakes to hitting 

a pothole while driving on a rainy road and 

trying to warn others to avoid the same fate. 

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Cosby, 67, best known as a warm, 

• wisecracking TV dad, sparked debate last year 

with blunt remarks on personal responsibility 

aimed at the black community. In 1997, the 

long-married Cosby acknowledged a brief 

affair with the mother of Autumn Jackson, a 

young woman convicted of extorting him. 

The entire ABC interview was set to air 

Wednesday on "Nightline." 

Cosby was asked if his own failures of 

judgment disqualify him from speaking about 

others. 

"No," he replied. "I couldn't care less what you 

think of me as long as you begin to execute 

that which will save your children." 

Cosby faces a civil lawsuit filed by a former 

Temple University employee who alleges that 

he drugged and fondled her at his home in 

suburban Philadelphia. The woman, who now 

lives in her native Ontario, Canada, sued 

Bill Cosby 

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http://www.stamfordadvocate.com/entertainment/tv/sns-ap-people-bill-cosby,0,2859963.s... 12/28/2005 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 38 of 44
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Cosby in March. She went to Canadian Disc 

authorities on Jan. 13, about a year after her 

alleged encounter with the comedian. 

When asked in the interview whether those allegations would hurt his 

standing on moral issues, Cosby said, "If they are not true, what happens 

if they are not true?" 

Lawyers for Cosby, a Temple University alumnus and booster, have said 

Cosby considered himself a friend and mentor to the woman. Cosby 

denied the assault allegation but acknowledged giving her over-thecounter medication after she complained she was stressed and couldn't 

sleep. 

* 

On the Net: 

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All rights reserved. Reproduction in whole or in part without permission is prohibited. 

Page 2of3 

http://www.stamfordadvocate.com/ entertainment/tv I sns-ap-people-bill-cosby, 0,285 9963 .s... 12/28/200 5 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 39 of 44
William Cosby, Jr. 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

ANDREA CONSTAND :CIVIL ACTION 

- vs - : WILLIAM H. COSBY, JR.:NO. 05-CV-1099 

Oral deposition of WILLIAM H. COSBY, 

JR., taken pursuant to notice, held at the 

Rittenhouse Hotel, 210 West Rittenhouse 

Square, Philadelphia, Pennsylvania, on 

Wednesday, September 28, 2005, beginning at 

approximately 1:00 p.m., before Jen 

Marchesani, a Certified Professional Reporter 

and a Commissioner of the Commonwealth of 

Pennsylvania. 

KAPLAN, LEAMAN AND WOLFE 

The Bourse Building, Suite 970 

111 South Independence Mall East 

Philadelphia, Pennsylvania 19106 

(215) 922-7112 

KAPLAN, LEAMAN AND WOLFE 

(800) 295-7571 

William Cosby, Jr. 

1 APPEARANCES: 

2 TROIANI/KIVITZ, LIP 

3 BY: DOLORES M. TROIANI, ESQUIRE 

4 BEBE H. KIVITZ, ESQUIRE 

5 38 North Waterloo Road 

6 Devon, Pennsylvania 19333 

7 (610) 688-8400 

8 Counsel for the Plaintiff 

9 

1 o COZEN O'CONNOR 

11 BY: PATRlCKJ.O'CONNOR,ESQUIRE 

12 GEORGE GOWEN, ESQUIRE 

13 1900 Market Street 

14 Philadelphia, Pennsylvania 19103 

15 (215) 665-2024 

16 Counsel for the Defendant 

2 

William Cosby, Jr. 

1 INDEX 

2 WITNESS PAGE NO. 

3 WILLIAM H. COSBY, JR. 

4 By Ms. Troiani 6 

5 

6 

7 

8 

9 EXHIBITS 

10 

11 NO. DESCRIPTION PAGE NO. 

12 Cosby-1 Investigation Report 56 

13 Cosby-2 Photograph 82 

14 Cosby-3 Investigation Report 82 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

KAPLAN, LEAMAN AND WOLFE 

(800) 295-7571 

William Cosby, Jr. 

1 INSTRUCTION NOT TO ANSWER 

2 PAGENO. LINENO. 

3 24 6 

4 29 1 

5 40 11 

6 91 21 

7 93 24 

8 98 11 

9 101 17 

10 102 10 

11 183 23 

12 185 11 

13 

14 

15 

16 

17 17 

18 PATTERSON, BELKNAP, WEBB&TYLER,LIP 18 

19 BY: JOHNP. SCHMITT, ESQUIRE 19 

2 O ANDREW SHAW, ESQUIRE 2 o 

21 1133AvenueoftheAmericas 21 

22 New York, New York 10036 22 

23 (212) 336-2849 23 

2 4 Counsel for the Defendant 2 4 

KAPLAN, LEAMAN AND WOLFE 

(800) 295-7571 

KAPLAN, LEAMAN AND WOLFE 

(800) 295-7571 

3 

4 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 40 of 44
...,~"···-,.!1!111---'·· ._,,~. ---.. ----1111111111--------------------... -----... --~ 

William Cosby, Jr. 

1 BY MS. TROIANI: 

2 Q. Did you have Gladys Rodgers 

3 sign a confidentiality agreement? 

4 MR. O'CONNOR: Mr. Cosby, 

5 I'm instructing you not to answer. 

6 Frankly, you can do your offer of 

7 proof later. If the judge disagrees, 

8 as he may with mine, I intend to do 

9 the same with respect to the 

10 instructions. We'll deal with this 

11 another day. You don't have to go 

12 through the questions in the effort to 

13 save time. If you can connect any 

14 relevance to Gladys Rodgers to this 

15 case or the circumstance and offer 

16 that on the record now, I will 

1 7 entertain it. 

18 BY MS. TROIANI: 

19 Q. Did you ever tell Gladys 

2 o Rodgers about any relationship you had 

21 with a woman other than your wife? 

2 2 MR. O'CONNOR: Are you 

2 3 saying - the one thing I'm going to 

24 putsome dampers on here, with all due 

KAPLAN, LEAMAN AND WOLFE 

(800) 295-7571 

William Cosby, Jr. 

1 respect, if you have information of 

2 non-consensual relationships, which 

3 this case is about, you can explore 

4 it. I'm not going to allow you to 

5 delve into his personal life with 

6 consensual relations. I will test 

7 that with the court. There are women 

8 involved, if there were such, whose 

9 names should not be disclosed. I'm 

1 O not going to allow that. You can go 

11 into any of your Jane Does, any 

12 non-consensual relationships. We're 

13 not going into the man's history. 

14 MS. TROIANI: With all due 

15 respect, Mr. O'Connor, I think the 

16 court already ruled that the 415 

1 7 witnesses are relevant and that we can 

18 explore those areas. 

19 MR. O'CONNOR: I agree. I 

2 o will allow you to do that. 

21 MS. TROIANI: As you know 

2. 2 from certain of the testimony or 

2 3 Certain of the documents that you 

2 4 have, some of these relationships, 

KAPLAN, LEAMAN AND WOLFE {~()()) '.)qt;-7571 

21 

22 

William Cosby, Jr. 

1 albeit consensual in some respect, 

2 also involved the aspect of drugging. 

3 MR. O'CONNOR: I will allow 

4 415 questions. 

5 MS. TROIANI: I understand 

6 your position. However, I believe at 

7 this point I have the right to explore 

8 it. And if you want to make 

9 objections, go ahead. 

1 o MR O'CONNOR: I'll make an 

11 instruction, not an objection. I will 

12 allow you to explore the 415 witnesses 

13 with Mr. Cosby. 

14 MS. TROIANI: Who are you 

15 instructing, sir? 

16 MR. O'CONNOR: I'm 

1 7 instructing the witness not to answer 

18 any questions that are a fishing 

19 expedition on your part. I'm not 

2 o going to allow fishing in this area 

2 1 with respect to his personal life. 

2 2 BY MS. TROIANI: 

2 3 Q. Back to my question, sir. 

2 4 Can you answer that question, or are 

KAPLAN, LEAMAN AND WOLFE 

(800) 295-7571 

William Cosby, Jr. 

1 you directing him not to answer? 

2 MR. O'CONNOR: 

3 Confidentiality as to what? 

4 MS. TROIANI: A 

5 confidentiality agreement, period. 

6 MR. O'CONNOR: I'm 

7 instructing him not to answer. 

8 BY MS. TROIANI: 

9 Q. The employees that you 

1 O employ, do you have all of them sign 

11 confidentiality agreements? 

12 MR. O'CONNOR: Currently? 

13 MS. TROIANI: At any time 

14 between say the year 1980 to present. 

15 THE WITNESS: We ask them --

16 they have a choice. And the answer is 

1 7 yes, but they have a choice. 

18 BY MS. TROIANI: 

19 Q. What is that choice? 

2 o A. They can sign or not sign. 

21 Q. And if they don't sign, what 

22 happens? 

2 3 A. We kill them. No, they just 

2 4 don't sign. 

KAPLAN, LEAMAN AND WOLFE 

{800) 295-7571 

23 

24 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 41 of 44
t 

l 

\ 

William Cosby, Jr. William Cosby, Jr. 

101 103 

1 ticket and flight and hotel room? 

2 A. No. 

3 Q. How often have you done that 

4 in the past? 

5 A. Many. 

6 Q. And what would be your 

7 relationship with these women who you 

8 had come to your concerts, booked 

9 rooms for, provided tickets for? 

1 o MR. O'CONNOR: Let's stick 

11 within this time frame of the 

12 incident. 

13 MS. TROIANI: This is my 

14 deposition. I believe this is 

15 absolutely pertinent. The time frame 

16 is enormous. 

1 7 MR. O'CONNOR: Then I'm 

18 instructing him not to answer. Sorry 

19 you want to broaden it that way. I 

2 o wish you'd stick to the time frame. 

21 BY MS. TROIANI: 

2 2 Q. As I recall your counsel 

2 3 asked Andrea if she thought it was 

2 4 appropriate for an unmarried woman to 

KAPLAN, LEAMAN AND WOLFE 

(800) 295-7571 

William Cosby, Jr. 

1 go to the home of a married man alone. 

2 Do you believe it's 

102 

3 appropriate for an unmarried woman to 

4 come to your house when she would be 

5 alone with you? 

6 A No. 

7 Q. And have you in the past 

8 asked unmarried women to come to your 

9 house? 

1 O MR. O'CONNOR: Don't answer 

11 the question. 

12 BY MS. TROIANI: 

13 Q. Why don't you think it's 

14 appropriate? 

15 A Wait a minute. What 

16 question are we still on? 

17 Q. Your counsel said don't 

18 answer the question. What's going to 

19 happen is we're going to file a motion 

2 O with the court and attach this 

21 deposition. 

2 2 A. I wanted to know what 

2 3 question are you asking me now? It 

2 4 was so fast. You're so used to him 

KAPLAN, LEAMAN AND WOLFE 

1 now. You guys have a rhythm and I'm 

2 not in it. 

3 MS. TROIANI: Why don't we 

4 have the question read back so that 

5 you understand it. Please read the 

6 question back. 

7 (At this time, the court 

8 reporter read back from the record as 

9 requested.) 

1 o MR. O'CONNOR: If you 

11 restrict this question to Andrea, I1l 

12 allow him to answer it. 

13 MS. TROIANI: He already 

14 said he did not think it was 

15 appropriate for an unmarried woman to 

16 come to his house. 

1 7 MR. O'CONNOR: That was in 

18 response to a specific question of 

19 Andrea. Unmarried women could be his 

2 o daughters for crying out loud. That's 

21 why the question, with all due 

2 2 respect, I'm not trying to make it 

2 3 absurd, but you have to be specific. 

2 4 You asked him about Andrea and he 

KAPLAN, LEAMAN AND WOLFE 

(800) 295-7571 

William Cosby, Jr. 

1 answered that question. You want to 

2 explore that, explore it. 

3 MS. TROIANI: I believe that 

4 he understands the question. 

5 BY MS. TROIANI: 

6 Q. Do you understand the 

7 question? 

8 A No. I would like her to go 

9 back and maybe we can clean it up. We 

10 can start with Andrea. 

11 Q. I understand you want to do 

12 what - you're taking the clues from 

13 your lawyer. 

14 A You're kidding? 

15 Q. You are, aren't you? And 

16 you think this is so funny? 

1 7 MR. O'CONNOR: Don't get 

18 sarcastic. 

19 THE WITNESS: I'm not making 

2 o fun of you. 

21 MS. TROIANI: I don't think 

2 2 you're making fun of me. I think 

2 3 you're making light of a very serious 

2 4 situation. 

KAPLAN, LEAMAN AND WOLFE 

104 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 42 of 44
William Cosby, Jr. 

1 THE WITNESS: That may very 

2 well be. 

3 MS. TROIANI: It is, sir. 

4 THE WITNESS: But the 

5 question -- the questions that happen 

6 to be coming between the two of you 

7 happen to be about my answers also. 

8 And I'm asking her and I have asked 

9 for her to go back as far as Andrea so 

1 o that I can understand. And it hasn't 

11 happened. I'm not a lawyer. I don't 

12 have the power to tell you what to do, 

13 but I did ask. 

14 And in fairness, I think I 

15 did tell you earlier that this is a 

16 situation for me that has some sort of 

1 7 tension and I want to respect 

18 everything here. So, if we can, I 

19 would like to go back so that we can 

2 o hear what it is so I can understand 

21 when you get to, do you think it's 

2 2 appropriate. 

2 3 BY MS. TROIANI: 

2 4 Q. I'll tell you what I'll do 

KAPLAN, LEAMAN AND WOLFE 

(800} 295-7571 

William Cosby, Jr. 

for you. I will rephrase the 

question. 

Do you believe it is 

105 

106 

1 

2 

3 

4 

5 

6 

7 

8 

9 

appropriate for you, you as a married 

man, to invite an unmarried woman who 

is not related to you to have dinner 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

with you alone in your house? 

A. Yes. 

Q. Why is it appropriate? 

A. Because it depends on what 

business I would have with said 

unmarried woman. 

Q. Why would it be 

inappropriate for you to invite Andrea 

to your house? 

A. Because Andrea was a 

romantic issue. 

Q. When did you first develop a 

romantic interest in Andrea? 

A. Probably the first time I 

saw her. 

Q. Where was that? 

A. Liacouras Center. 

Q. When was it? 

KAPLAN, LEAMAN AND WOLFE 

(800) 295-7571 

William Cosby, Jr. 

1 A. I have no idea. 

2 Q. How were you introduced? 

3 A. Joan Ballast I believe who 

4 is a friend of mine at the university. 

5 Q. Did you ask her to introduce 

6 you to Andrea? 

7 A. I don't remember. 

8 Q. Did you develop this 

9 romantic interest just from seeing 

10 her? 

11 A. Yes. 

12 Q. And did you tell her that 

13 you had a romantic interest in her? 

14 A. No. 

15 Q. Why not? 

16 A. Can't do it right away. 

17 Q. Why? 

18 A. I don't know her. She 

19 doesn't know me. 

2 O Q. Everybody knows you, Mr. 

21 Cosby. 

2 2 A. Not really. 

2 3 Q. What was the plan when you 

2 4 first saw her? 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

KAPLAN, LEAMAN AND WOLFE 

(800} 295-7571 

William Cosby, Jr. 

A. To meet her. 

Q. And then what? 

A. And then perhaps to have 

some moments with her that would have 

to do with some sort of friendship. 

Q. In other words, you had to 

build her trust up first? 

A. I think you're trying to put 

words in my mouth. 

Q. Oh, no. You can say no. 

A. If you're married, and I'm 

sure you are, I'm sure you didn't, the 

man you met, want to build up his 

trust in you. 

Q. I didn't? I did not want 

to? 

A. To build up his trust in 

you, that doesn't go. You want to 

meet someone to get to know them. 

Q. Well, you're married, 

correct? 

A. 41 years. 

Q. You certainly didn't want 

your wife to know about this 

KAPLAN, LEAMAN AND WOLFE 

(800} 295-7571 

107 

108 

Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 43 of 44
iJt.. a 

Cosby jokes on stage about doping drink 

Posted on Tue, Mar. OB, 2005 

Cosby jokes on stage about doping drink 

B\• N1COLE WEISENSEE EGAN 

weisenn@phif l'1n;,,w5.co m 

Page 1 of l 

A little over a week after being cleared of doping and groping a former Temple University women's basketball executive, Bill Cosby joked 

during a performance at the State Theater in New Brunswick, N.J ., about whether he had slipped drugs into a woman's drink. 

"He brought this woman up from the audience," said Stuart Zakim, a spokesman for the National Enquirer, who happened to be in the 

audience for the Fe.b. 26 show, ~He said, 'Before l get started, let me ask you: Did I put anything into your drink? She said, 'No.'~ 

She was laughing and the audience was hysterical, Zaklm said. 

"I laughed, too," Zakim said. "It was very smart on his part. Obviously the people who went to see him are fans and are aware of what's been 

going on and that the charges were never filed.• 

On Feb. 17, Montgomery County District Attorney Bruce Castor announced he wasn't filing criminal charges in connection with the Temple 

woman's complaint that Cosby had drugged and groped her at his Cheltenham Township mansion. The woman quit her Temple job after the 

:>lleged assault and returned to her native Canada, A year after the Incident,. she reported it to the pollce. 

The Canadian woman's ]awvers say she'll soon file a civil lawsuit against Cosby. 

Zakim took Cosby's joke to be a reference to the Canadian woman's allegations. Cosby attorney Marty Singer and Cosby spokesman David 

Brokaw took no issue with Zakim's account of what Cosby had said. But they said Cosby's joke _had not been about the Canadian woman. 

Brokaw said Cosby's joke referred to a Feb. 14 story in the National Enquirer in which Shawn Upshaw was quoted as saying that during an 

affair she had with the comedian, he had given her •a funny-tasting drink." 

"And then she says she YVOke up, knowing that something funny had happened, knowing she was pregnant. The morning after, so to speak." 

Brokaw said, ridiculing Upshaw's story. 

Singer said Cosby had bee.n joking "about a woman who sold a story to a tabloid" - not about the Canadian woman, 

"He's never treated it in a joking or light manner, u Singer said, referring to the allegations raised by the Canadian woman. He added that 

Upshaw's story wa-s false. 

Upshaw's daughter is Autumn Jackson, who threatened to tell the world she was Cosby's daughter if the entertainer didn't pay her $24 

million. Autumn Jackson was convicted of extortion and sentenced to 26 months in jail. Cosby admitted having had an affair with Upshaw in 

the early· 1970s, but denies having fathered Autumn Jackson. 

In a phone Interview last week, Upshaw said Cosby's jok~ had been "in poor taste." 

With regard to her story, she said, "He's making light of it as damage control. He's trying to make the community think he didn't do it; that's 

why he can joke about it." . 

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Case 2:05-cv-01099-ER Document 67 Filed 01/04/06 Page 44 of 44