Andrea Constand v. William H. Cosby, Jr.

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Andrea Constand v. William H. Cosby, Jr.

Postby admin » Thu Jul 09, 2015 5:38 am

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Andrea Constand, Plaintiff, v. William H. Colby, Jr., Defendant

Civil Action No. 05-1099

ORDER

AND NOW, this 6th day of July, 2015, for the reasons stated in the accompanying memorandum opinion, it is hereby ORDERED as follows:

(1) The Associated Press’s motion to intervene and obtain access to documents filed under seal (ECF No. 99) is GRANTED; [1]

(2) The Clerk of Court shall LIFT the seal on the following documents: ECF Nos. 48, 49, 50, 52, 54, 55, 57, 58, 60, 61, 63, 64, 65, 66, 67, 68;

(3) The motion to admit Joseph Cammarata, Esq., as counsel pro hac vice for proposed Intervenors Green, Serignese, and Traitz (ECF No. 104) is GRANTED; and

(4) The Motion of Tamara Green, Therese Serignese, and Linda Traitz to Intervene and Late-File Memorandum in Support of Lifting Seal (ECF No. 103) is DENIED as moot.

AND IT IS SO ORDERED.

/s/ Eduardo C. Robreno
EDUARDO C. ROBRENO, J.

_______________

Notes:

1 Per the Court’s June 18, 2015, Order (ECF No, 100), the letter from the Associated Press (ECF No. 99) is construed as a motion to intervene and obtain access to documents filed under seal.

_________________________________________________________________________

1. Complaint
19. Plaintiff's Motion to Compel Discovery Responses and to Strike Defendant's General Objections to Plaintiff's First Set of Interrogatories
26. Motion of the Associated Press to Intervene and to File Opposition to Defendant's Motion for Protective Order
48. Plaintiff's Motion Concerning Conduct of Defendant's Deposition and Motion for Sanctions
49. Defendant's Request to Compel and Memorandum Concerning Overarching Issues
50. Plaintiff's Motion to Compel Discovery
52. Defendant's Memorandum in Support of His motion to Strike Plaintiff's "Motion Concerning Conduct of Defendant's Deposition and Motion for Sanctions"
54. (REDACTED) Telephone Conference Before the Honorable Eduardo C. Robreno United States District Court Judge
55. (UNREDACTED) Telephone Conference Before the Honorable Eduardo C. Robreno United States District Court Judge
57. Plaintiff's Reply to defendant's Requests to Compel and Memorandum Concerning Overarching Issues
58. Defendant's Responses to Plaintiff's Motion to Compel and Memorandum Concerning Overarching Issues
60. Plaintiff's Response to Defendant's Motion to Strike Plaintiff's Motion Concerning Conduct of Defendant's Deposition and Motion for Sanctions
61. Plaintiff's Motion to Compel the National Enquirer's Compliance with Subpoena for Document and Request for Expedited Resolution
63. Defendant's Memorandum of Law in Partial Opposition to the Lifting of the Seal Established by Case Management Order 2
64. Defendant's Brief in Opposition to Plaintiff's Motion to Compel the National Enquirer's Compliance with Subpoena for Document and Request for Expedited Resolution
65. Nonparty the National Enquirer's Memorandum of Law in Opposition to Plaintiff's Motion to Compel
66. Plaintiff's Motion for Leave to File Reply Memorandum of Law in Response to Defendant's Memo in Opposition to Plaintiff's Motion to Compel the National Enquirer's Compliance with Subpoena for Documents
67. Plaintiff's Memorandum of Law in Support of the Lifting of the Seal Established by Case Management Order 2
68. Plaintiff's Motion for Leave to File Reply Memorandum of Law in Response to National Enquirer's Memorandum in Opposition to Plaintiff's Motion to Compel Compliance with Subpoena for Documents
99. Letter from Associated Press Counsel to the Honorable Eduardo C. Robreno, dated June 17, 2015
105. Memorandum of Eduardo C. Robreno, J. Re Associated Press's motion to intervene and obtain access to documents filed under seal
106. Order re Associated Press's motion to intervene and obtain access to documents filed under seal
107. Plaintiff's Motion for Injunctive Relief and Other Sanctions for Violations of Confidential Settlement Agreement and Motion to Strike Footnote 5 in Defendant's Brief Filed at Document Number 102
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Re: Andrea Constand v. William H. Cosby, Jr.

Postby admin » Mon May 30, 2016 5:26 am

Bill Cosby: What's Next for His Sexual Assault Trial
by Lesley Messer
May 27, 2016

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Earlier this week, Bill Cosby was ordered to stand trial in a sexual assault case brought against him last December.

Andrea Constand, a former Temple University employee, has accused the comedian of drugging and assaulting her at his home in 2004.

Cosby, 78, who has had similar claims made against him by some 50 other women, for which his legal team has issued a number of denials, insists that he and Constand had consensual sexual relations and that the only drug he gave her was Benadryl. His legal team says that he will be vindicated.

In time, a jury will hear evidence from both the prosecution and defense, but according to Sunny Hostin, ABC News senior legal correspondent and analyst, it could be an uphill battle for Cosby's lawyers.

"If his [unsealed] deposition [from 2005] comes in, which I believe it will, and if other women get on the witness stand, I think it’s going to be very difficult for Bill Cosby to defend himself," she said in an interview. "In my view, if there is a guilty verdict, no judge would sentence him to no time given the [alleged] pattern of behavior."

Constand first went to the police in 2005, one year after the alleged assault took place. That same year, Cosby was deposed in connection to the incident, and he admitted in recently unsealed testimony that in the past, he had given Quaaludes to a woman with whom he wanted to have sex. The prosecution will likely push to use that deposition in court, Hostin said.

"It’s going to be extremely damaging. You have Bill Cosby in his own words admitting to the same behavior that he’s being accused of by over 50 women," she said. "The issue will be for this jury [to determine] consent."

"The defense's strategy will be to say that she willingly took the drugs because she wanted to engage in sexual activity with Cosby," she said. "I think the defense will be that she targeted him for his money and that she didn't behave like a victim of sexual assault, because after this alleged [incident], she saw him again."

The fact that Constand didn't report the alleged incident to police for a year will likely be a factor, too. Though Hostin, who has prosecuted sex crimes herself, said that it's not uncommon for a victim to take time to process what happened before talking to law enforcement, some jurors might find it to be problematic.


Like a broken record, Clinton's denial of my allegations was constantly played on television. "I have said that nothing improper happened," Clinton said, looking dismayed. "I am mystified and disappointed by this turn of events and I have a very clear memory of the meeting and I told the truth."

The next day, I saw on the news that the Clinton administration had released the letters I'd written to him. I was shocked! Many months earlier, the Jones lawyers had subpoenaed Clinton for any and all material relating to me but the White House provided only vague excuses and couldn't produce my letters. But once I appeared on 60 Minutes, voila! Like magic, they found them.

It felt awful. I kept thinking, That's not for public knowledge! I wrote those letters to him. Once again, I felt betrayed. All those years I'd helped Clinton and the Democrats, all those years of my life, all the time, money, effort, and passion that I had devoted to Democratic causes -- and they repay me by humiliating me?

The media, no doubt encouraged by the Clinton machine, characterized my letters as "adoring" and "admiring," zeroing in on incidental words, such as when I told Clinton I was his "number one fan" when I thanked him for helping us defeat Oliver North in Virginia, or when I signed my letters "fondly," which I always did. I didn't save that for Clinton. Florence Graves and Jacqueline Sharkey wrote in the Nation, "Questions about Willey's credibility surfaced when the White House released a stack of effusive letters she had sent Clinton." [25] Not one of my letters could accurately be characterized as "effusive" but that certainly didn't stop them from attempting to undermine my credibility.

They also misconstrued a telephone message that Nancy Hernreich gave the president from me. As Bill Plante reported on CBS Evening News, "Two days after the incident there is a phone call record saying that there's a message from Kathleen Willey telling the president, 'You can call her any time.'" [26] The White House, the reporter, and many others failed to note that this call was not just two days after the incident, but also two days after my husband's death. That was the day when Nancy Hernreich called me and told me she was sure the president would want to speak with me. I replied, "He can call me anytime."

Patricia Ireland eventually defended my letters to Clinton -- sort of. She argued that I could have been assaulted by Clinton and subsequently written the letters. "I think the letters are an indication that she wanted to not burn those bridges," Ireland said, "which in some apparent sense may be the only allies and resources that she thought she had." [27]

"This is every woman's fear in a workplace with a superior male boss," said Kelly Ann Fitzpatrick on Hardball with Chris Matthews, "creating some type of a hostile work environment where you feel like you can't ask certain questions, you can't be alone with the boss, you can't show up certain times, you can't wear certain clothes ... " [28]

Everywhere I turned, pundits used the letters to malign my credibility and refute my account of the incident. People seemed to accept the interpretation that since I tried to remain on good terms with Clinton after the incident, it must not have happened. But that presumes that what Clinton did to me was so devastating and traumatic, I should have been terrified of him and hated his guts. If he had raped me, obviously, I would likely have felt that way and probably would have left my job at the White House. But Clinton did not rape me. My experience with him showed me what the man is capable of and warned me to be mindful of the potential danger he presented. But he did not victimize me! Clinton violated my person. In fact, he sexually assaulted me, which is a crime. But I was not traumatized by it. He degraded himself in my presence and I was embarrassed for him. Unfortunately, starting in their teenage years, many women have experienced similar abuses. It was wrong and slimy and predatory, but it was not devastating. I never saw myself as his victim. And I still needed the man's professional help. Why in the world would I have cut off all communication -- to my own detriment?

Few people understood that, at that time in my life, Clinton was the only person who could help me. I was desperate after Ed died. My whole world crashed in on me. I was a soccer mom who didn't finish college and I had just lost my husband. I wasn't trained to do anything other than be a homemaker and work in politics. I needed a job, so I turned to him.

-- Target: Caught in the Crosshairs of Bill and Hillary Clinton, by Kathleen Willey


To that end, "Andrea Constand's testimony by itself will not be enough to convict Bill Cosby," she said.

"The prosecutors are likely preparing the best stories for presentation and that means they want to find the victims whose [alleged] testimonies, character and life stories are almost unassailable," she continued. "[They need to find] women who have nothing to gain by getting on the witness stand and calling Bill Cosby a sexual abuser. Getting those voices on the witness stand is going to be crucial to this prosecution. It is going to be, in my view, the most important decision of this trial."

Ultimately, Cosby's fate will rest in the hands of a jury that has yet to be selected. Hostin said that contrary to popular belief, the lawyers don't need to find potential jurors who haven't heard of the allegations. What's more important, she said, is that they have yet to form an opinion about Cosby's guilt or innocence.

"In a high profile case, you don't want a juror who has never heard of the case because that's a juror who's not well-informed. Your ideal juror in a celebrity criminal case is a juror who has heard of this, but has an open mind and can put aside everything he or she has heard, sit in that courtroom day in and day out, listen to evidence as it comes in and then make a decision," she said. "There are jurors that can do that, and that's why you never know what a jury is going to decide. Some of the decisions [in past celebrity criminal cases] have been surprising for everyone who had been watching."
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Re: Andrea Constand v. William H. Cosby, Jr.

Postby admin » Thu Sep 27, 2018 8:49 pm

Andrea Constand’s Victim Impact Statement
by Andrea Constand
New York Times
Sept. 25, 2018

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Image
Andrea Constand in the Montgomery County Courthouse on Monday, the first day of Bill Cosby’s sentencing hearing.CreditCreditPool photo by David Maialetti
Sept. 25, 2018


Following is a victim impact statement that Andrea Constand submitted to the court for Bill Cosby’s sentencing.

***

To truly understand the impact that sexual assault has had on my life, you have to understand the person I was before it happened.

At the time of the assault, I was 30 years old, and a fit, confident athlete. I was strong, and skilled, with great reflexes, agility and speed. When I graduated from high school in Toronto, I was one of the top three female high school basketball players in Canada. Dozens of American colleges lined up to offer me basketball scholarships, and I chose the University of Arizona.

For four years, I was a shooting guard on the women’s basketball team, scoring up to 30 points a game. It was an amazing time in my life, and I learned a lot, developed a circle of really good friends, many of them teammates, and traveled around the U.S. to compete.

The only downside was that I missed my family, and developed severe homesickness when it started to affect my studies and my training, my dad came up with the idea to move his own father and mother to Tucson.

My grandparents were in their late 60s when they gamely agreed to move more than 2,000 miles to help me adjust to life away from home. They were retired after selling their Toronto restaurant business, and figured the warm, dry climate would suit them anyway. I had always enjoyed a special relationship with my grandparents. Not only had I grown up in their home, but I spoke Greek before I spoke English. They got an apartment close to mine, and I was there most days, talking and laughing over my favorite home-cooked meals. The homesickness quickly evaporated.

After I graduated from the University of Arizona with a degree in communications, I signed a two-year contract to play professional basketball for Italy. Going pro took my athletic training to a whole new level. Once again, I thrived in the team atmosphere, and enjoyed traveling Europe although we rarely saw more than the basketball venues and the hotel rooms where we slept.

When my contract ended, my former coach from the University of Arizona encouraged me to apply for a job as director of operations for the women’s basketball team at Temple University in Philadelphia. It was a busy, challenging position that required me to manage a lot of logistical details so that others could focus on training the team for competition. I also made all the travel arrangements and went to tournaments with the team and support staff.

It was a great job but after a few years, I knew I wanted to pursue a career in the healing arts, my other passion. I also wanted to work closer to home, where I would be reunited with my large, extended family, and many friends.

I knew who I was and I liked who I was. I was at the top of my game, certain that the groundwork provided by my education and athletic training would stand me in good stead whatever challenges lay ahead.

How wrong I was. In fact, nothing could have prepared me for an evening of January 2004, when life as I knew it came to an abrupt halt.

I had just given my two-month notice at Temple when the man I had come to know as a mentor and friend drugged and sexually assaulted me. Instead of being able to run, jump and pretty much do anything I wanted physically, during the assault, I was paralyzed and completely helpless. I could not move my arms or legs. I couldn’t speak or even remain conscious. I was completely vulnerable, and powerless to protect myself.

After the assault, I wasn’t sure what had actually happened but the pain spoke volumes. The shame was overwhelming. Self-doubt and confusion kept me from turning to my family or friends as I normally did. I felt completely alone, unable to trust anyone, including myself.

I made it through the next few weeks by focusing on work. The women’s basketball team was in the middle of the Atlantic 10 tournament, and was traveling a lot. It was an extremely busy time for me, and the distraction helped take my mind off what had happened.

When the team wasn’t on the road, however, I was in the basketball office at Temple, and was required to interact with Mr. Cosby, who was on the board of trustees. The sound of his voice over the phone felt like a knife going through my guts. The sight of the man who drugged and sexually assaulted me coming into the basketball office filled me with dread. I did everything with my job required of me but kept my head down, counting the days until I could return to Canada. I trusted that once I left, things would get back to normal.

Instead, the pain and anguish came with me. At my parent’s house, where I was staying until I got settled, I couldn’t talk, eat, sleep or socialize. Instead of feeling less alone because I was back home with my family, I felt more isolated than ever. Instead of my legendary big appetite and “hollow leg” — a running joke in my family — I picked at my food, looking more like a scarecrow with each passing week. I was always a sound sleeper but now I couldn’t sleep for more than two or three hours. I felt exhausted all the time.

I used the demands of my new courses to opt out of family gatherings and events, and to avoid going out with friends. As far as anyone could tell, I was preoccupied with my studies. But the terrible truth about what had happened to me — at the hands of a man my family and friends admired and respected — was swirling around inside me.

Then the nightmares started. I dreamed that another woman was being assaulted right in front of me and it was all my fault. in the dream, I was consumed with guilt, and pretty soon, that agonizing feeling spilled over into my waking hours too. I became more and more anxious that what had happened to me was going to happen to someone else. I grew terrified that it might already be too late, that the sexual assaults were continuing because I didn’t speak out.

Then one morning I called my mother on the telephone to tell her what had happened to me. She had heard me cry out in my sleep. She wouldn’t let me put her off, and insisted that I tell her what was wrong. She wouldn’t settle for anything less than a complete and truthful explanation.


The Woman Who Brought Down Bill Cosby: Andrea Constand is the only woman among more than 50 accusers whose complaint against Mr. Cosby has resulted in a conviction. He was sentenced to three to 10 years in prison on Tuesday. Published On April 26, 2018. Credit CreditImage by Mark Makela/Getty Images


Reporting the assault to the Durham Regional police in Toronto only intensified the fear and pain, making me feel more vulnerable and ashamed than ever. When the Montgomery County District Attorney outside Philadelphia decided not to prosecute for lack of evidence, we were left with no sense of validation or justice. After we launched civil claims, the response from Mr. Cosby’s legal team was swift and furious. It was meant to frighten and intimidate and it worked.

The psychological, emotional and financial bullying included a slander campaign in the media that left my entire family reeling in shock and disbelief. Instead of being praised as a straight-shooter, I was called a gold-digger, a con artist, and a pathological liar. My hard-working middle-class parents were accused of trying to get money from a rich and famous man.

At the deposition during the civil trial, I had to relive every moment of the sexual assault in horrifying detail in front of Mr. Cosby and his lawyers. I felt traumatized all over again and was often in tears. I had to watch Cosby make jokes and attempt to degrade and diminish me, while his lawyers belittled and sneered at me. It deepened my sense of shame and helplessness, and at the end of each day, I left emotionally drained and exhausted.

When the case closed with a settlement, sealed testimony and a nondisclosure agreement, I thought that finally — finally — I could get on with my life, that this awful chapter in my life was over at last. These exact same feelings followed me throughout both criminal trials.
The attacks on my character continued, spilling over outside the courtroom steps attempting to discredit me, and cast me in false light. These character assassinations have caused me to suffer insurmountable stress and anxiety, which I still experience today.

I still didn’t know that my sexual assault was just the tip of the iceberg.

Now, more than 60 other women have self-identified as sexual assault victims of Bill Cosby. We may never know the full extent of his double life as a sexual predator but his decades-long reign of terror as a serial rapist is over.

I have often asked myself why the burden of being the sole witness in two criminal trials had to fall to me. The pressure was enormous. I knew that how my testimony was perceived — that how I was perceived — would have an impact on every member of the jury and on the future mental and emotional well-being of every sexual assault victim who came before me. But I had to testify. It was the right thing to do, and I wanted to do the right thing, even if it was the most difficult thing I’ve ever done. When the first trial ended in a mistrial, I didn’t hesitate to step up again.


I know now that I am one of the lucky ones. But still, when the sexual assault happened, I was a young woman brimming with confidence and looking forward to a future bright with possibilities. Now, almost 15 years later, I’m a middle-aged woman who’s been stuck in a holding pattern for most of her adult life, unable to heal fully or to move forward.

Bill Cosby took my beautiful, healthy young spirit and crushed it. He robbed me of my health and vitality, my open nature, and my trust in myself and others.

I’ve never married and I have no partner. I live alone. My dogs are my constant companions, and the members of my immediate family are my closest friends.


My life revolves around my work as a therapeutic massage practitioner. Many of my clients need help reducing the effects of accumulated stress. But I’ve also trained in medical massage at Memorial Sloan Kettering Cancer Center in New York, and often help cancer patients manage the side effects of chemotherapy and radiation. I help many others too — people with Parkinson’s, arthritis, diabetes, and so on. Some of my clients are in their 90s. I help them cope with the ravages of old age, reducing stiffness, aches and pains.

I like my work. I like knowing that I can help relieve pain and suffering in others. I know that it helps heal me too.

I no longer play basketball but I try to stay fit. Mostly, I practice yoga and meditation, and when the weather is warm, I like to pedal my bike up long steep hills.

It all feels like a step in the right direction: away from the dark and lonely place, toward the person I was before all this happened.

Instead of looking back, I am looking forward to looking forward. I want to get to the place where the person I was meant to be gets a second chance.


I know that I still have room to grow.

I would like to acknowledge some of the people who have helped me get here today. I will always be grateful for their counsel, friendship and support.

First of all, my lawyers Dolores Troiani and Bebe Kivitz. These two smart, courageous women have been there for me since the beginning. Without them, I would never have been able to navigate this legal and emotional minefield.

I will also be eternally grateful to Kevin Steele, the District Attorney of Montgomery County, who had the guts to believe in me, in the truth, and for trusting the justice system could get things right — even if the process had to be repeated.

I also want to thank Mr. Steele’s incredible team of professionals, including assistant district attorneys Kristen Feden and Stewart Ryan, detectives Richard Schaffer, Mike Shade, Harry Hall, Jim Reape, Erin Slight, Kiersten McDonald, victims services, and many others, for their passion for justice, their skill, and their hard work and perseverance despite the odds.


Thank you to the jurors for their civic duty and great sacrifices.

Thank you to all of the friends, old and new, who have stood by me. You know who you are, and each and every one of you has made a huge difference. Please know that.

Last but not least, I want to thank my incredible family: my mother, Gianna, and my father, Andrew, my sister Diana, her husband Stuart, and their beautiful daughters — my nieces Andrea and Melanie. Thank you for proving over and over again that if there’s one thing in life you can always count on, it’s family.
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