Castor Stands by Claims Against Cosby Accuser
The former Montgomery County prosecutor has filed an amended complaint against Andrea Constand and her lawyers.
December 19, 2017 at 03:47 PM
3 minute read
Bruce Castor. AP photo by Marc Levy
Former prosecutor Bruce Castor is standing by his abuse of process claims against Bill Cosby accuser Andrea Constand and her attorneys, elaborating on them in new filings.
Castor filed an amended complaint Monday afternoon in the Philadelphia Court of Common Pleas, along with a response to preliminary objections filed by defendants Dolores Troiani and Bebe Kivitz, who have represented Constand since she first brought sexual assault allegations against Cosby. In his response, Castor argued that the preliminary objections were moot because he filed a new complaint, adding three paragraphs of explanation.
Castor's suit against Constand and her lawyers alleges that they filed a defamation complaint against him in 2015 to sabotage his chances in the race for Montgomery County district attorney that year. Castor was the district attorney in Montgomery County in 2005, when Constand initially brought her sexual assault allegations against Cosby. He publicly announced his decision not to bring charges against Cosby at the time, and the comedian wasn't criminally charged until a decade later.
In her own lawsuit, Constand alleges that Castor defamed her by saying he did not bring charges against Cosby because Constand's story was inconsistent. The case is ongoing in the U.S. District Court for the Eastern District of Pennsylvania. Castor has filed a motion for summary judgment, putting forth other lawyers' statements to the press about Constand's allegations against Cosby.
In his amended complaint, Castor elaborated on his claim that Constand's suit constituted an abuse of legal process “all as a part of their scheme and plot to create and continue the harm they caused to Castor.”
“These defendants abused the legal process by, among other things, filing knowingly frivolous motions, demanded [sic] irrelevant materials and testimony from Castor, filed frivolous motions to seal documents that Castor needed to defend his claims, all knowing that these actions were an abuse of process, and designed solely to harass and punish Castor rather than properly use the legal process,” the amended complaint said.
In their preliminary objections, Troiani and Kivitz argued that Castor's allegations did not fit an abuse of process claim. They better fit a claim for wrongful use of civil proceedings, Constand's lawyers said, and that claim cannot be brought while the underlying civil case is pending.
In his amended complaint, Castor specifically alleged that Constand and her lawyers made “knowingly false” claims that Constand's business and earnings had suffered as a result of Castor's statements. He said they filed a motion to apply Canadian law to the case, even though Canadian law does not recognize false light as a cause of action. And he argued that Constand said in her own testimony that Castor's statements were true and did not affect her earnings.
Jeffrey McCarron, who is representing Troiani and Kivitz, said Castor's claims “remain legally deficient in spite of the changes.”
Constand's lawyer, Victoria Komarnicki, did not respond to a call for comment Tuesday.
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