Bill Cosby's Attorney Vows to Investigate Deposition Release

Discussion in 'The Bar' started by walterHwhite, Jul 21, 2015.

  1. walterHwhite

    walterHwhite Heisenberg

    Jun 29, 2014
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    Patrick O'Connor, one of the attorneys representing Bill Cosby, is vowing to get to the bottom of how The New York Times was able to obtain a decade-old deposition given by the comedian that almost everyone presumed was confidential. He even hints at legal action.

    In its story on Saturday, the paper reported that despite an intense media effort to unseal documents in an old lawsuit brought by a female accuser, "the deposition itself was never sealed" and was in fact publicly available through a court reporting service.

    "How that deposition became public without being court-sanctioned is something we are going to pursue and deal with very vigorously," O'Connor told The Philadelphia Inquirer. "It’s an outrage that the court processes weren’t followed here."

    The Times story came on the heels of the release of excerpts of the deposition contained in court papers. Earlier this month, a judge agreed to a media motion to unseal some of the records in the case over Cosby's objections. But until the Times obtained it, nobody but the parties involved and the one who transcribed it had a copy of the full transcript of the deposition, which according to the newspaper, showed Cosby presenting himself "as an unapologetic, cavalier playboy, someone who used a combination of fame, apparent concern and powerful sedatives in a calculated pursuit of young women."

    The Hollywood Reporter has spoken to several attorneys who express astonishment the deposition wasn't marked confidential and under a protective order. Although transcripts are presumed to be in the public record unless specific steps are taken, some legal observers wonder whether professional etiquette at very least meant the court reporter should have contacted the parties before any release was made.

    But was the Times accurate in saying the deposition was never sealed in the first place? This question isn't merely about reporting things accurately. Possible civil or criminal contempt charges could hang in the balance if a court order was violated.

    In recent weeks, insiders in the legal fight over Cosby's alleged sexual misconduct have been acting as if there wasn't any question about the deposition being sealed.

    For example, after an attorney representing women presently suing Cosby for defamation attempted to subpoena documents, Cosby's lawyers brought a motion to quash.

    "Discovery in the Constand Litigation was largely conducted privately, and discovery materials were submitted to the court, as necessary, under seal," Cosby attorney George Gowan wrote in court papers on June 2. "Indeed, on November 4, 2005, the Court issued an order acknowledging that the 'depositions [of the parties] were taken in private' and ordering that 'all requests for discovery, responses and legal memoranda filed pursuant to this order shall be filed UNDER SEAL."

    Here's a copy of the judge's order that Gowan referenced. In later proceedings, after the Associated Press intervened and Cosby's lawyers asked for blanket protection, the judge sidestepped the issue by noting that "a right of access does not attach to documents exchanged by parties or any of the pretrial discovery that is not filed with the court."

    Then on July 8 in the wake of the unsealing of excerpts, the attorney for Andrea Constand — the woman who sued Cosby and conducted the deposition before the case was settled — asked the judge for injunctive relief.

    "In that [Cosby's reps] has chosen to ignore the confidentiality provisions of the settlement agreement, Plaintiff requests that this Honorable Court release the entire deposition transcripts and further release plaintiff and her counsel from those same provisions which defendant has chosen to ignore," wrote Delores Troiani in a court filing.

    Five days later, an attorney for one of Cosby's other accusers Beth Ferrier filed a motion in support: "Unsealing Defendant's complete deposition transcript will allow Ms. Ferrier to understand and, therefore, defend against Defendant's statements against her."

    That same day, attorney Gloria Allred filed papers in the Pennsylvania case in what appeared to be a prelude to an attempt to pry loose more about what Cosby had said. But if what the Times says is accurate, all anyone had to do — not just members of the media, but also notably aggressive attorneys like Allred — was to call the court reporter anytime in the past decade.

    Asked about whether documents were truly sealed, a New York Times reporter who worked on the story said it was a pending legal matter and referred THR to the paper's communications department.

    The paper's spokesperson responds, "The Times legally obtained the transcript from a court reporting service. The judge in the case had declined in 2005 to enter a confidentiality order making the depositions confidential so there was no court order sealing the testimony, then or now. Once we obtained the transcript, we were free to report on Mr. Cosby's testimony. "

  2. Mlaw

    Mlaw Quite Contrarian 2010 OG VIP Gold

    Nov 5, 2010
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  3. walterHwhite

    walterHwhite Heisenberg

    Jun 29, 2014
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    NY Times article

    Bill Cosby, in Deposition, Said Drugs and Fame Helped Him Seduce Women

    He was not above seducing a young model by showing interest in her father’s cancer. He promised other women his mentorship and career advice before pushing them for sex acts. And he tried to use financial sleight of hand to keep his wife from finding out about his serial philandering.

    Bill Cosby admitted to all of this and more over four days of intense questioning 10 years ago at a Philadelphia hotel, where he defended himself in a deposition for a lawsuit filed by a young woman who accused him of drugging and molesting her.

    Even as Mr. Cosby denied he was a sexual predator who assaulted many women, he presented himself in the deposition as an unapologetic, cavalier playboy, someone who used a combination of fame, apparent concern and powerful sedatives in a calculated pursuit of young women — a profile at odds with the popular image he so long enjoyed, that of father figure and public moralist.

    In the deposition, which Mr. Cosby has for years managed to keep privatebut was obtained by The New York Times, the entertainer comes across as alternately annoyed, mocking, occasionally charming and sometimes boastful, often blithely describing sexual encounters in graphic detail.
    He talked of the 19-year-old aspiring model who sent him her poem and ended up on his sofa, where, Mr. Cosby said, she pleasured him with lotion.

    He spoke with casual disregard about ending a relationship with another model so he could pursue other women. “Moving on,” was his phrase.

    He suggested he was skilled in picking up the nonverbal cues that signal a woman’s consent.

    “I think I’m a pretty decent reader of people and their emotions in these romantic sexual things, whatever you want to call them,” he said.

    Through it all, his manner was largely one of casual indifference.

    At one point in the first day of questioning, Dolores M. Troiani, the lawyer for the plaintiff in the case, Andrea Constand, a young woman who worked at Temple University as a basketball manager, seemed struck by Mr. Cosby’s jocular manner.

    “I think you’re making light of a very serious situation,” she said, to which Mr. Cosby replied: “That may very well be.”

    Interest in Mr. Cosby’s deposition grew this month when a federal judgeunsealed a 62-page memorandum of law in the case, which had been settled in 2006. The memorandum contained excerpts from the deposition, including Mr. Cosby’s acknowledgment that he had obtained quaaludes as part of his effort to have sex with women.

    The parties have been prohibited from releasing the memorandum because of a confidentiality clause that was part of the settlement agreement, but the deposition itself was never sealed. This month, Ms. Constand’s lawyer asked the court to lift the confidentiality clause so her client would be free to release the nearly 1,000-page deposition transcript. The Times later learned that the transcript was already publicly available through a court reporting service.

    Mr. Cosby has never been charged with a crime and has repeatedly denied the accusations of sexual assault, now leveled by dozens of women. David Brokaw, Mr. Cosby’s publicist, did not respond to requests for comment on Saturday. Ms. Troiani declined to comment. In three suits, women who accused Mr. Cosby of sexual misconduct are pursuing civil claims against him. In addition, the Los Angeles police have said they are reviewing a complaint of a sexual nature against Mr. Cosby.

    While Mr. Cosby described encounters with many women through the course of his deposition, it is through his long and detailed descriptions of his relationship with Ms. Constand, who is much younger, that Mr. Cosby’s attitudes, proclivities and approach to women are most clearly revealed. Ms. Constand was present for at least some of Mr. Cosby’s testimony in the Rittenhouse Hotel in Philadelphia.

    An Interest Piqued

    First spotting her at Temple University in the early 2000s, Mr. Cosby said he felt romantic interest immediately (“She’s good-looking”), and began a relationship that led, in his telling, to dinners and more.

    Asked how he wooed her, Mr. Cosby, who has been married since 1964, responded: “Inviting her to my house, talking to her about personal situations dealing with her life, growth, education.”

    He painted his relationship with Ms. Constand as one of mentor and mentee, casting himself in the role of an experienced guide and offering her the benefit of his contacts, fame and experience.

    At times he described becoming frustrated after Ms. Constand failed to follow his advice, such as when he wanted her to pursue her interest in sports broadcasting by calling someone and she did not. “Here’s a mentor,Bill Cosby, who is in the business, Bill Cosby, who happens to know something about what to do and Andrea is not picking up on it,” he said.

    Ms. Constand ultimately went to the police to complain of Mr. Cosby’s behavior, but in his telling, his seduction was one of persistence and patience.

    Early on in his courtship, he arranged an intimate meal alone with her at his Pennsylvania home, complete with Cognac, dimmed lights and a fire, he said. At one point he led her to his back porch, out of sight from his chef. “I take her hair and I pull it back and I have her face like this,” he said. “And I’m talking to her ...And I talked to her about relaxing, being strong. And I said to her, come in, meaning her body.”

    But the two remained inches apart, he said, and he did not try to kiss her because he did not sense she wanted him to. Nevertheless, at the next dinner he said they had what he described as a “sexual moment,” short of intercourse. He described her afterward as having “a glow.”

    Expounding on his philosophy about sex, Mr. Cosby said he tended to refrain from intercourse because he did not want women to fall in love with him. To him, he said, the act of sexual intercourse “is something that I feel the woman will succumb to more of a romance and more of a feeling, not love, but it’s deeper than a playful situation.” As far as he and Ms. Constand went, he said, they were “playing sex, we’re playing, petting, we’re playing.”

    Was he in love with her? “No.”

    Yet the association endured for a few years, until one night at his Pennsylvania home, when Ms. Constand said Mr. Cosby drugged and molested her.

    Andrea Constand, pictured in 1987, in Toronto.CreditRon Bull/The Toronto Star, via The Canadian Press, via Associated Press
    Mr. Cosby said he gave her one and a half tablets of Benadryl to relieve stress, they kissed and had sexual contact. Her lawyer said she believed it was a much more powerful drug.

    Some time later, after Ms. Constand had moved home to Canada, Mr. Cosby spoke with Ms. Constand’s mother on the telephone. The mother, he said, was upset about what her daughter said Mr. Cosby had done, describing the experience as “a mother’s nightmare.”

    In the deposition, he said he was worried that Ms. Constand’s mother would think of him as a “dirty old man.”

    During the call, Mr. Cosby told the deposing lawyers, he wanted Ms. Constand to tell her mother “about the orgasm” so that she would realize it was consensual.

    “Tell your mother about the orgasm. Tell your mother how we talked,” he said he remembered thinking.

    Subsequently, concerned that Ms. Constand and her mother might seek to embarrass him, he said he offered to help pay for Ms. Constand’s further education. Years earlier, he offered to reward another woman, Therese Serignese, whom he had met at the Las Vegas Hilton in 1976, with money as a bonus for good grades.

    Hiding His Behavior

    It is difficult to say to what extent Mr. Cosby’s wife, Camille, was aware of her husband’s womanizing, though it was certainly clear to her by 1997, when Mr. Cosby acknowledged an affair. Mrs. Cosby suggested at the time that there had been marital problems but they had put them behind them.

    Still, in the deposition, Mr. Cosby, 78, described going to some lengths to hide his behavior, blocking a magazine article to avoid publicity and funneling money to one woman through his agent so “Mrs. Cosby” wouldn’t find out.

    In the case of Ms. Constand, who never sought any funds, Mr. Cosby said he imagined his wife would have known he was helping with her education. But, he said, “My wife would not know it was because Andrea and I had had sex and that Andrea was now very, very upset and that she decided that she would like to go to school.”

    While Mr. Cosby insisted the only drug he had given Ms. Constand was Benadryl, he was open about his access in the 1970s to quaaludes, a sedative also popular as a party drug.
  4. Gitfiddle

    Gitfiddle Live Deliciously

    Jul 14, 2012
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    I cringe when I see retards who can't spell create otherwise clever memes.