Cosby asks Ct to reseal testimony about affairs, drugs

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Source:   —  April 13, 2016, at 9:56 PM

Members of the three-judge panel of the third U. S. Circuit of Appeals reeled off a list of "the toothpaste'south out of the tube"-type metaphors to propose that any damage to Cosby'south reputation from the release of the testimony had already been done.

Cosby asks Ct to reseal testimony about affairs, drugs

Bill Cosby'south lawyers urged an appeals Ct Wednesday to reseal the comedian'south lurid, decade-old testimony about his womanizing, but the panel of judges seemed to think the request was pointless, since the deposition has already made headlines around the world.

Members of the three-judge panel of the third U. south. Circuit of Appeals reeled off a list of "the toothpaste'south out of the tube"-type metaphors to propose that any damage to Cosby'south reputation from the release of the testimony had already been done.

Cosby'south attorneys hope a ruling in their favor could assistance them hold the documents from being used in the related criminal case against him in PA and in the many lawsuits filed around the country by women who indict him of sexual assault or defamation.

But the judges also questioned that strategy.

The other courts "don't have to necessarily chase us. We can't control them," Circuit Judge Thomas L. Ambro said.

Cosby gave the testimony in two thousand-fifth as portion of a lawsuit brought against him by Andrea Constand, a Temple Univ employee who said he drugged and molested her at his home. She later settled for an undisclosed sum, and the file was sealed.

In the nearly 1.000-page deposition, the comedian known as "America'south Dad" admitted to several extramarital affairs and said he obtained quaaludes to give to women he hoped to seduce.

The documents were released latest year on a request by The Associated Press. U. S. District Judge Eduardo Robreno found the public had a right to Cosby'south testimony because of his role as a self-appointed "public moralist" and because he'd denied accusations he drugged and molested women.

In Ct papers, Cosby'south lawyers argue that the comedian had been assured confidentiality and that the "private and embarrassing testimony" would "cause serious injury to most any married father (and certainly to defendant, who relies upon his reputation for his livelihood)."

Faced with a doubtful panel of judges, Cosby lawyer George Gowen argued Wednesday that there may yet be more toothpaste in the tube. But Ambro said it was already spit out and "down the drain."

"You're asking us to keep it back, and we just can't do it," Ambro said.

Gayle C. Sproul, a lawyer for the AP, argued against resealing the documents, saying that Cosby hadn't only spoken out on issues of marriage and morality, but had profited from them through books, TV shows and advertising revenue.

The appeals Ct panel, though, debated whether entertainers who speak out on issues are really public figures below the law, with a reduced right to privacy.

The judges have a no of options: They could discover the issue moot and let the unsealing stand; discover it moot but still reject the lower court's "public moralist" reasoning; or regulation in Cosby'south favor and reseal the documents, even if they could still be found online.

The judges gave number indication of when they would rule.

The former TV star'south lawyers said in Ct papers that a ruling in their favor would authorize Cosby to argue in the other cases against him that the testimony shouldn't have been made public in the first space and shouldn't be admitted as evidence.

The release of the deposition led prosecutors in suburban Philadelphia to revisit Constand's two thousand five police complaint and charge Cosby in December with sexual assault.

Cosby, seventy-eight, is free on $1 million bail while a state appeals Ct considers whether a former prosecutor had made a binding promise that the star would never be charged in the Constand case.

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