Ex-DA Bruce Castor Is All But Officially On The Bill Cosby Defense Team Now

Former prosecutor Bruce Castor—who declined to file criminal
charges against Bill Cosby back in 2005—has filed his lawsuit
against Andrea Constand, one of
the first women to publicly say the comedian drugged, then
sexually assaulted her
.

In the lawsuit,
announced last month
but not filed until yesterday in the
Philadelphia court of common pleas, Castor claims one count of
civil conspiracy and one count of abuse of process. But the
complaint is, mostly, Castor re-litigating the Cosby criminal
case, saying over and over again that he couldn’t bring
criminal charges because Constand was too inconsistent. He
doesn’t address how another prosecutor was able to bring
criminal charges against Cosby (the trial ended in a mistrial,
and a new one is scheduled for April).

If you want a preview of what Cosby’s legal team will be
telling jurors come April, just go ahead and read Castor’s
complaint, which asserts this:

Regrettably, as this investigation unfolded, it became
apparent that Ms. Constand, with the codefendants’
assistance, had made multiple irreconcilably inconsistent and
far-reaching statements to various investigating authorities
regarding many material aspects of her accusations against
Cosby.

It then goes on to list bullet points of ways Castor believes
that Constand was inconsistent. The suit goes over differences
between police reports, the same ways Cosby’s defense lawyers
did at trial. And in case that wasn’t enough, the lawsuit later
includes a three-page, Excel-style chart of “inconsistencies.”

His lawsuit does not address how Constand
explained her prior inconsistencies on the stand
, the many
ways in which she has been consistent, and how one of the
investigator officers
vigorously defended Constand’s account under oath
. He even
says the civil deposition, which reignited anger at the lack of
criminal charges and was used as evidence against Cosby last
year, “made the Cosby prosecution that much weaker.”

The decision to not charge Cosby, the lawsuit says, was Castor
acting in Constand’s best interest, “by making decisions that
removed Cosby’s ability to assert the Fifth Amendment in the
impending civil lawsuit.” He also makes sure to say that the
settlement got Constand a lot of money, later referring to what
she received from Cosby as her getting a handsome “profit.”

At one point, he adds that Constand’s legal team being upset at
the decision to not prosecute Cosby somehow constitutes a
“smear campaign” against him.

… Not satisfied with this multimillion dollar resolution,
these defendants continued their smear campaign
against Castor, all with the intent of getting Cosby
convicted and Castor’s political career destroyed.

For example, defendant Troiani publically stated that she was
“furious” with Castor for his refusal to prosecute Cosby,
presumably because this Cosby litigation was going to propel
Troiani and Kivitz into the spotlight.

The lawsuit uses the phrase “scheme and plot to harm Castor”
several times, which builds to him finally addressing what this
is supposed to be about. In late 2015, Constand filed a lawsuit
against Castor, saying Castor had slandered her as part of his
campaign for re-election to district attorney. A federal judge
has allowed that lawsuit to proceed, but Castor is still
claiming it’s a “legally flawed lawsuit” and a “sham” filed to
“ensure the greatest harm to Castor’s chances at winning the
election and his reputation.”

He goes to say that Constand and her lawyers are “embarking on
a manifest abuse of the legal process.” A curious choice of
words, considering what the women who came forward saying Cosby
drugged and assaulted them said happened to them whenever they
tried to speak out in the past.

I emailed all the lawyers listed on the complaint asking if
they were going to comment. This post will be updated if they
do. The full complaint is below, via
Law.com
.

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