Bill Cosby's "Media Blitz," "Narcissistic View" Attacked in Court

The attorney for Andrea Constand tells the judge that confidentiality is "unenforceable" and bemoans double standards.
AP Photo/Chuck Cook

The release of a decade-old Bill Cosby deposition continues to reverberate, with attorneys for the comedian and rape accuser Andrea Constand pointing fingers at each other over which side is violating the confidentiality provisions of a settlement.

Last week, Cosby submitted a motion to enforce the agreement and identified tweets and an interview with the Toronto Sun that allegedly crossed the line. In one tweet, Constand wrote, "I won’t go away, there is a lot more I will say."

On Tuesday, Constand's attorney Delores Troiani hit back with a blistering response.

"In his narcissistic view of the world, [Cosby] believes that [Constand's] every Tweet must be about him," she writes. "He is as perceptive in this belief as he claims to be in his interpretation of non-verbal cues from women he wants to seduce. The Tweets do not include any hashtags and were sent during the time period that there was extensive publicity about gay marriage. As defendant admits in his deposition, despite his talent for interpreting female reactions to him, he did not realize Plaintiff was gay until the police told him."

As for the press interview, Troiani says her client was ambushed by a reporter and cameraman.

"He tried to ingratiate himself with her, claiming he had photos and information of Defendant's sexual misconduct in Canada," states Troiani's brief. "It is only the skilled celebrity, who has been in show business for 50 years who can avoid these traps."

Troiani, concerned that some of the unsealed court documents don't tell the full story, is now pushing to have the full deposition released. The New York Times and a couple of other media outlets obtained copies of the transcript from the court reporter, but those news outlets haven't published them in full despite calls from others to do so. After Cosby's attorneys started questioning whether the release of the deposition was a breach of agreed-upon confidentiality, the court reporter asked the judge for some clarity before further distribution.

Cosby's side is opposing further release of the deposition, wants disputes over the settlement referred to a private mediator and on Monday appealed the judge's unsealing order to the 3rd U.S. Circuit Court of Appeals.

Meanwhile, the sides do battle over public comments being made.

If Cosby's legal team is upset over tweets, a Toronto Sun "interview" and the way the deposition got into the hands of The New York Times, Constand's lawyer has her own points regarding how Cosby may be violating the agreement on confidentiality.

The first breach cited is a July 6 statement from Cosby's camp to ABC News stating, "The only reason Mr. Cosby settled was because it would have been embarrassing in those days to put all those women on the stand and his family had no clue. That would have been very hurtful."

Cosby later told the judge that this statement was "at worst, an inconsequential error," but Troiani says the comedian can't just "bury that admission in a footnote."

"Even more disturbing, is defendant's 'media blitz,' " she adds.

The same day last week that Cosby filed a motion to enforce confidentiality, his new lawyer Monique Pressley began doing media rounds. On Thursday, for example, she told ABC's Good Morning America, "There are a thousand-plus pages that are available of Mr. Cosby in his own words, and what we're seeing so far are headlines that are grabbing one excerpt or two and misinterpreting them."

Noting this, Troiani tells the judge, "That statement certainly appears to be an invitation for the world to read the transcript Defendant bemoans was released. Again, it is evident that Defendant believes [that] he is free to comment about Plaintiff and the [Jane Doe] witnesses but that Plaintiff is violating the agreement if she makes a fair response."

Troiani asserts that the confidentiality portion of the agreement "has proven unenforceable" and demands the opportunity to respond to Cosby's "spin machine." She also accuses Cosby's lawyer of using the "court system to wage a battle in the court of public opinion" by filing a "bad faith" motion to strike. She's demanding Cosby pay her attorney's fees.

In her new brief (read in full here), Troiani also talks about some of the challenges she's been put through by this ordeal. She discusses what it was like to find out from newscasters that criminal charges wouldn't be pursued against Cosby and how she had to do a "frantic search" to find Constand to tell her.

In another example, a few months ago, a news outlet came to her, looking to confirm the identity of a Cosby accuser who participated in the Constand case. Troiani says she didn't recognize the name. Troiani could have stayed silent, but worried how Cosby's side would portray this. She identified the women. She later wrote one of Cosby's lawyers, saying, "Confidentiality is one thing, but permitting someone to make a public allegation I knew was not true is not in my ethical playbook. I have no intention of participating in whatever scheme that person was doing, even though I believe your client is a serial molester."

Now, expressing fatigue at how things have gone in recent months, and being hit with a demand for sanctions from Cosby's side, she writes that Cosby "appears to be the victim of the old adage, 'Be careful what you wish for, you may get it.' "

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