Bruce Castor Lawsuit

THE BEASLEY FIRM, LLC Attorneys for Plaintiff
BY: James E. Beasley, Jr.

Heidi G. Villari
Lane R. Jubb, Jr. Filed and Attested by the
Attorney ID Nos. 83282/82771/319272 Office of Judicial Records
1125 Walnut Street
01 NOV 2017 04:51 pm
P. MARTIN
Philadelphia, PA 19107-4997
215.592.1000
215.592.8360 (telefax)
Bruce L. Castor, Jr., Esquire : PHILADELPHIA COUNTY

26 East Athens Ave. : Court of Common Pleas
Ardmore, PA 19003 :
Plaintiff : October Term, 2017
:
v. : No.: 00755
:
Andrea Constand :
c/o Bebe H. Kivitz, Esq. :
Jacobs Kivitz & Drake, LLC : NOTICE TO DEFEND
1525 Locust St., 12th Floor :
Philadelphia, PA 19102 : JURY TRIAL DEMANDED
:
and :
:
Bebe H. Kivitz, Esq. :
Jacobs Kivitz & Drake, LLC :
Philadelphia, PA 19102 :
:
and :
:
1525 Locust St, 12th Floor :
:
and :
:
Dolores M. Troiani, Esq. :
Troiani & Gibney, LLP :
1171 Lancaster Ave. :
Suite 101 :
Berwyn, PA 19312 :
:
and :
:
THE BEASLEY FIRM, LLC
__________________________________________________________________
1125 WALNUT STREET
PHILADELPHIA, PA 19107
215.592.1000
215.592.8360 (FAX)
BRUCE L. CASTOR, JR., ESQ. V. ANDREA CONSTAND, ET AL.
WWW.BEASLEYFIRM.COM NOTICE TO DEFEND
Case ID: 171000755
Suite 101 :
Berwyn, PA 19312 :
Defendants. :
NOTICE TO DEFEND
NOTICE AVISO
You have been sued in court. If you wish to Le han demandado a usted en la corte. Si usted
defend against the claims set forth in the quiere defenderse de estas demandas dispuestas
following pages, you must take action within en las paginas siguientes, usted tiene veinte (20)
twenty (20) days after this complaint and notice dias de plazo al partir de la fecha de la demanda y
are served, by entering a written appearance la notificacion. Hace falta asentar una
personally or by attorney and filing in writing comparencia escrita en persona o con un
with the court your defenses or objections to the abogado y entregar a la corte en forma escrita
claims set forth against you. You are warned that sus defensas o sus objecciones a las demandas en
if you fail to do so the case may proceed without contra de su persona. Sea avisado que si usted
you and a judgment may be entered against you no se defiende, la corte tomara medidas y puede
by the court without further notice for any continuar la demanda en contra suya sin previo
money claimed in the complaint or for any other aviso o notificacion. Ademas, la corte puede
claim or relief requested by the plaintiff. You decidir a favor del demandante y requiere que
may lose money or property or other rights usted cumpla con todas las provisiones de esta
important to you. demanda. Usted puede perder dinero o sus
propiedades o otros derechos iportantes para
YOU SHOULD TAKE THIS PAPER TO YOUR usted.
LAWYER AT ONCE. IF YOU DO NOT HAVE A
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LAWYER REFERRAL & INFO.
One Reading Center Asociacion de Licenciados de Filadelphia
Phila., PA 19107 Servicio de Referencia e Informacion
(215) 238-1701 One Reading Center
Phila., PA 19107
(215) 238-1701
__________________________________________________________________
1125 WALNUT STREET
215.592.1000
215.592.8360 (FAX)
BRUCE L. CASTOR, JR., ESQ. V. ANDREA CONSTAND, ET AL.
WWW.BEASLEYFIRM.COM NOTICE TO DEFEND
Case ID: 171000755
THE BEASLEY FIRM, LLC Attorneys for Plaintiff
BY: James E. Beasley, Jr.
Heidi G. Villari
Lane R. Jubb, Jr.
Attorney ID Nos. 83282/82771/319272
1125 Walnut Street
Philadelphia, PA 19107-4997
215.592.1000
215.592.8360 (telefax)
Bruce L. Castor, Jr., Esquire : PHILADELPHIA COUNTY

26 East Athens Ave. : Court of Common Pleas
Ardmore, PA 19003 :
Plaintiff : October Term, 2017
:
v. : No.: 00755
:
Andrea Constand :
c/o Bebe H. Kivitz, Esq. :
Jacobs Kivitz & Drake, LLC : PLAINTIFFS COMPLAINT
Philadelphia, PA 19102 : JURY TRIAL DEMANDED
:
and :
:
Bebe H. Kivitz, Esq. :
:
and :
:
1525 Locust St, 12th Floor :
:
and :
:
Dolores M. Troiani, Esq. :
Suite 101 :
Berwyn, PA 19312 :
:
and :
:
1125 WALNUT STREET
1
215.592.1000 ________________________________________________________
215.592.8360 (FAX)
WWW.BEASLEYFIRM.COM CASTOR V. CONSTAND, KIVITZ, AND TROIANI, ET AL.
COMPLAINT
Case ID: 171000755
Suite 101 :
Berwyn, PA 19312 :
Defendants. :
AND NOW, comes Plaintiff, Bruce L. Castor, Jr., Esquire (Castor), through
counsel, to file this Complaint against the above-named Defendants, averring as follows:
INTRODUCTION
1. On January 13, 2005, Andrea Constand (Ms. Constand) first reported to
the Canadian police that, in mid-January, 2004, actor and comedian William Cosby
(Cosby) sexually assaulted her.
2. Ms. Constand reported the alleged assault to the Canadian police after she
had already reached out to two Philadelphia personal injury lawyers.
3. Multiple experienced law enforcement officials from Canada, the
Cheltenham Township Police Department, and the Montgomery County Detectives
performed highly detailed investigations, which included several interviews and
obtaining a personal statement from Ms. Constand.
4. Montgomery County District Attorney, Bruce L. Castor, Jr. (Castor),
after reviewing the evidence and materials generated in these interviews and statement,
personally instructed members of the Montgomery County Detectives to travel to
Canada in an effort to reconcile many inconsistencies between Ms. Constands
interviews and personal statement.
5. Defendant Kivitz was present for that Canadian interview.

1125 WALNUT STREET
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215.592.1000 ________________________________________________________
215.592.8360 (FAX)
COMPLAINT
Case ID: 171000755
6. Plaintiff Castor stayed involved in this investigation, personally analyzed
all of the information obtained, including the associated evidence, and subsequent
actions of Ms. Constand.
7. 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.
8. Ms. Constands inconsistencies involved critical facts such as:
When the alleged assault occurred;
Whether Ms. Constand had ever had sexual contact with Cosby prior to the
night of the alleged assault;
Whether Ms. Constand had ever been alone with Cosby prior to the alleged
assault;
Whether Ms. Constand had contact with Cosby after the alleged assault,
and if so, when and how many times;
Whether Ms. Constand came to Cosbys house before the alleged assault,
and was alone with him, drinking wine and brandy/cognac in front of the
fireplace;
Whether Ms. Constand went to Foxwoods Casino in Connecticut at

Cosbys invitation, prior to the alleged assault, and was alone with him in
his suite, laying next to him on the bed late at night;
Whether Ms. Constand and Cosby exchanged flirtatious behavior and

multiple gifts prior to the alleged assault;
Whether Ms. Constand and Cosby rarely spoke after the alleged assault
or whether Ms. Constand and Cosby exchanged over seventy phone calls,
with 53 of them being made by Ms. Constand to Cosby, after the alleged
assault through the end of March, 2004, and then more afterwards
through December, 2004;
Whether Ms. Constand went to dinner with Cosby, at his invitation, after
THE BEASLEY FIRM, LLC the alleged assault;
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COMPLAINT
Case ID: 171000755
Whether Ms. Constand and Cosby arranged for Ms. Constands family to
see Cosby perform in Canada in the December, 2004 time period; and
Whether Ms. Constand and her mother illegally wiretapped Cosby and
other witnesses, compromising the DAs investigation.
9. As a result of Ms. Constands marked inconsistencies, Castor declined to
prosecute Cosby, and encouraged the parties to resolve the matter via a civil lawsuit,
because a civil lawsuit carries a much lower burden of proof than that of a criminal
prosecution.
10. Castor acted in Ms. Constands best interests by making decisions that
removed Cosbys ability to assert the Fifth Amendment in the impending civil lawsuit.
11. In short order, the Defendants took advantage of Castors remarkable
resolution for Ms. Constand and filed their civil lawsuit against Cosby, but not before
attacking Castor for, among other things, allegedly failing to inform them of the
resolution via a press release.
12. Because of Castors actions, these Defendants resolved the civil lawsuit
against Cosby for an amount, upon information and belief, well into the millions of
dollars.
13. In the meantime, Castor was running for election as District Attorney for
Montgomery County. He was in the public eye. Not satisfied with this multimillion
dollar resolution, these defendants continued their smear campaign against Castor, all
with the intent of getting Cosby convicted and Castors political career destroyed.
14. 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.

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COMPLAINT
Case ID: 171000755
15. Castors well-reasoned decision to not prosecute Cosby, based upon their
clients marked inconsistencies and behavior, would, apparently, serve to compromise
Troianis and Kivitzs goals.
16. As part of their scheme and plot against Castor, these Defendants assisted
Kevin Steele, Castors opponent in the General Election for District Attorney, leading the
public to believe that Castor had carelessly overlooked the Cosby prosecution in 2005,
thereby assisting Steele in making Castors decision not to prosecute Cosby a central
issue in the campaign.
17. As part of this scheme and plot, these defendants embarked on a malicious
misinformation campaign designed to end in a tactically pled and timed lawsuit against
Castor.
18. Castor responded to the Defendants scheme and conspiracy to harm him
by simply stating the truth had Ms. Constands versions the alleged assault and
relevant events been consistent, then he might have been able to prosecute Cosby.
19. Castors statements are true; Ms. Constand did tell multiple, irreconcilably
inconsistent statements, which would have critically compromised any attempt to
convict Cosby.
20. The Defendants knew that Castors statements were truthful, and they
knew that the additional evidence from Ms. Constands testimony in her civil lawsuit
made the Cosby prosecution that much weaker.
21. In spite of knowing the manifest self-inflicted infirmities which would
compromise any Cosby criminal prosecution, these Defendants, in furtherance of their
vendetta, scheme, and plot to harm Castor, made outrageous statements to the press
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COMPLAINT
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demanding Castor make a retraction in the press, yet never personally conveyed their
retraction demand to Castor.
22. The same article which formed a basis for their bogus lawsuit also
included these comments from Castor, which they chose to ignore in order to further
harm Castor:
The statement she gave to the police did not provide sufficient detail on
which a criminal charge could be based and her statement was consistent
with a woman who had been drugged and couldnt remember what
happened to her.
Castor further stated: I felt Cosby was being deceptive but you cant
stand up in court and say my gut feeling is that he did it.
23. The Defendants continued their scheme and plot to permanently harm
Castor by filing a tactically timed, patently frivolous and knowingly false lawsuit against
Castor, seeking hundreds of thousands of dollars, alleging defamation and false
light, in spite of them knowing that Castors statements at issue were true, and in spite
of everything he did to enable Ms. Constand and her lawyers to handsomely profit from
the civil lawsuit.
24. The Defendants knew that Castors statements of which they complained
in their manufactured lawsuit were true, and that their lawsuit was, and is, without
proper basis in the law.
25. The Defendants filed their legally flawed lawsuit on October 26, 2015,
approximately one week prior to the election for District Attorney, in order to ensure the
greatest harm to Castors chances at winning the election and his reputation, when they
knew there was insufficient time and funds for Castor to properly refute and defend all
while obtaining unlimited, free international publicity.
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COMPLAINT
Case ID: 171000755
26. The Defendants knew that Castor was up by as many as ten polling
points prior to their sham lawsuit, and further knew that their malicious, knowingly
false lawsuit would permanently harm Castor and his campaign. Castor had won four
countywide elections in a row and this was certain to be his fifth.
27. The Defendants used the legal process for an improper purpose (1) to
throw an election and destroy Castors bid to be elected District Attorney, (2) to damage
Castors name and reputation, and (3) to cause him great emotional harm and without
probable cause as they knew the complained of statements were true.
28. The Defendants maliciously included knowingly false damage claims and
outright lies in their bogus lawsuit, solely to increase the claimed recoverable damages
to meet the requirement for diversity jurisdiction and to place additional pressure on
Castor.
29. As further evidence of the Defendants malice in their targeted lawsuit
designed to harm Castor, many legal experts have publically stated that Ms. Constands
multiple inconsistent statements caused the Commonwealth v. Cosby criminal trial to
result in a hung jury. Yet, the Defendants have not filed a lawsuit against any of these
individuals or as much as demand a retraction.
30. The Defendants made it their mission to destroy Castors desire and
campaign for Montgomery County District Attorney and did by embarking on a
manifest abuse of the legal process, hoping that they could shield their mischief via their
procurement, initiation, and continuation of their frivolous, malicious filing. They are
incorrect.
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COMPLAINT
Case ID: 171000755
PARTIES
31. Plaintiff Bruce L. Castor, Jr. (Castor) is an attorney licensed to practice
in the Commonwealth of Pennsylvania. He was and continues to be wrongfully sued in
Constand v. Castor, U.S.D.C., E.D.Pa., No. 2:15-05799 (the underlying action).
Plaintiff Castor now brings this suit against the Defendants for the knowingly frivolous
lawsuit, filed with false, scandalous and damaging claims for the purpose of affecting the
outcome of an election and destroying Castors name and reputation.
32. Defendant Andrea Constand (Ms. Constand) is a defendant in this
lawsuit and resides in Canada at The Candy Factory Loft, 993 Queen St. W, Toronto, ON
M6J 1H2.
33. Bebe H. Kivitz, Esquire (Kivitz) is an attorney currently licensed to
practice law in the Commonwealth of Pennsylvania and the Eastern District of
Pennsylvania. Kivitz is one of the attorneys involved in procuring, initiating and
continuing the knowingly frivolous underlying action at issue in this lawsuit. At all times
material hereto, Kivitz was acting as an employee and agent of Defendant Jacobs, Kivitz
and Drake, LLC as one of its attorneys involved in procuring, initiating, and continuing
the knowingly frivolous underlying action at issue in this lawsuit.
34. Defendant Jacobs, Kivitz and Drake, LLC (JKD) is a law firm that at all
times relevant hereto employed the co-defendant Kivitz, and is responsible for her
wrongful acts, all of which occurred in the course and scope of her employment.
35. Dolores M. Troiani, Esquire (Troiani) is an attorney currently licensed to
practice law in the Commonwealth of Pennsylvania and the Eastern District of
Pennsylvania. Troiani is one of the attorneys involved in procuring, initiating and
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COMPLAINT
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continuing the knowingly frivolous underlying action at issue in this lawsuit. At all times
material hereto, Troiani was acting as an agent of Defendant Troiani & Gibney, LLP
(T&G) as one of its attorneys involved in procuring, initiating, and continuing the
knowingly frivolous litigation at issue in this lawsuit.
36. Defendant Troiani & Gibney, LLP (T&G) is a law firm that at all times
relevant hereto employed co-defendant Troiani, and is responsible for her wrongful acts,
all of which occurred in the course and scope of her employment.
37. Defendants JDL and T&G are responsible for the wrongful, malicious, and
conspiring acts of their employees, agents, and servants involved in the underlying
action. Defendants Kivitz, Troiani, JKD, and T&G are collectively referred to as the
attorney defendants.
JURISDICTION AND VENUE
38. Jurisdiction and venue is proper in Philadelphia County as the attorney
defendants conduct substantial and continuous business in Philadelphia County, and
the have brought, and continue to bring, lawsuits in the Philadelphia County Court of
Common Pleas and the United States District Court for the Eastern District of
Pennsylvania, including the underlying action.
FACTS
39. On January 13, 2005, Ms. Constand first reported a mid-January 2004
alleged sexual assault by Cosby. Before she contacted the Durham, Ontario Canada,
police, she reached out to two Philadelphia-based personal injury attorneys.
40. The Durham police investigators interviewed Ms. Constand beginning at
approximately 10:00pm on January 13th, and learned the following from Ms. Constand:
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COMPLAINT
Case ID: 171000755
Ms. Constand was sexually assaulted in Philadelphia in mid-January, 2004;
The suspect in the sexual assault was Cosby;
Ms. Constand first met Cosby approximately six months before the alleged assault in January, 2004;
Ms. Constand first met Cosby by introducing herself to Cosby at a Temple Womens basketball game;
Ms. Constand then led Cosby on a tour of the new facilities at the school;
Ms. Constand had met Cosby a few times at his home and at restaurants before the alleged assault;
Ms. Constand reported to the Durham police that she had never been alone with Cosby prior to the
alleged assault;
Ms. Constand reported to the Durham police that she was always in the presence of others when at
Cosbys residence or in public settings;
Ms. Constand reported to the Durham police that she and Cosby exchanged minor flirtatious
comments, qualifying it that they were only out of humor;
Ms. Constand reported to the Durham police that she never gave Cosby any reason to believe that she
was ever interested in any type of intimate or sexual relationship with him;
Ms. Constand reported to the Durham police that, sometime in mid-January, she had dinner with
Cosby and others at a local restaurant around 18:30.
Ms. Constand reported to the Durham police that, after the mid-January 2004 dinner, Cosby invited
her back to his estate; she agreed and met him at his residence around 21:00.
Ms. Constand reported to the Durham police that Cosby told her she looked stressed and tense and
offered her herbal pills to ease her tension and help her to relax.
Ms. Constand reported to the Durham police that Cosby handed her three small round blue pills and
she ingested them.
Ms. Constand reported to the Durham police that she felt dizzy, and Cosby escorted her to a sitting
room off of the kitchen and helped her on to the sofa.
Ms. Constand reported to the Durham police that Cosby then assaulted her on the couch.
Ms. Constand reported to the Durham police that her contact with Cosby after the alleged incident
was rare and brief when she did speak with him.
Ms. Constand reported to the Durham police that the alleged assault was a significant factor for her
resignation and subsequent relocation to Pickering.
Ms. Constand reported to the Durham police that it was now time to report the incident and she has
also contacted an Attorney in Philadelphia who specializes in sexual assault lawsuits.
The Durham Ontario Police Report is attached as Exhibit A.
41. As a result of this investigation, the Durham police department contacted
the Philadelphia police, who then referred the matter to the Cheltenham police
department for investigation.
42. On January 19, 2005 at 15:15, the Cheltenham Township Police
Department interviewed Ms. Constand, which revealed that:
Ms. Constand reported to Detective Richard Schaffer that she had recently informed her mother of
the alleged incident.
THE BEASLEY FIRM, LLC Ms. Constand reported to that she has attempted to contact attorneys in Philadelphia for guidance.
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COMPLAINT
Case ID: 171000755
Ms. Constand reported that the incident may have been March 16, 2004.
Ms. Constand reported that she confirmed the March 16, 2004 date after she called a person
identified as a guidance counselor for Central High School, who was at the dinner party on the night
that the incident allegedly occurred.
Ms. Constand reported that she had been to Cosbys home 3-4 times and that the visits were always
business related. She stated that she was there for dinner.
Ms. Constand reported that her Mother called Cosby and spoke with him and Ms. Constand.
Ms. Constand reported that Cosby allegedly stated Im in the hot seat here, I did not mean to harm
you, and apologized.
Ms. Constand reported that she had been to Cosbys estate four times, and that the last time she was
there we were alone.
Ms. Constands mother reported that they had met Cosby when he was in Toronto.
The Cheltenham Township Police Report is attached as Exhibit B.
43. On January 22, 2005, Detective Schaffer and Detective Hart of the
Montgomery County Detective Bureau met with Ms. Constand to take a statement,
which Ms. Constand read and signed. Ms. Constands statement is attached hereto as
Exhibit C.
44. In this January 22, 2005 statement, the following questions and answers
between the police and Ms. Constand occurred:
Q: Under what circumstances did you leave Temple University?

A: I wanted a change in my life. I thought it was a dead end position for me. I knew a different path
was definitely on the horizon.
Q: When did you first meet Bill Cosby?
A: I first met Bill Cosby at a Womens basketball game at the Liacouras Center in the winter of
2001, during one of the first games of the season.
Q: What was Cosby doing at the basketball game?
A: He stayed to watch the game, while they were filming a Temple promotional TV commercial for
Temple women's basketball.
Q: How did you first meet Cosby?
A: I was introduced to him at the game.
Q: Who introduced you?
A: A lady named Joan.
Q: Can you describe this first meeting?
A: I was introduced to Bill and the person who introduced us mentioned the brand new locker room
for the womens basketball program. I along with the building manager, as well as Joan and Mr.
Cosby all went into the locker room together to see the locker room. We stayed in the locker room
and discussed all of the new fixtures and then we left.
Q: What was the extent of your conversation with Cosby?
A: Talked about the team and fixtures, talked about it being a brand new locker room.
Q: Did you give a personal phone number to Cosby?
A: I don't know when exactly I gave it to him. We exchanged numbers. And when he gave me his
number he said this is for my residence in Philadelphia.
Q: What phone number did you provide Cosby?
THE BEASLEY FIRM, LLC A: I provided him with my cell phone number.
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COMPLAINT
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Q: Was that a personal cell phone?
A: Yes
Q: Do you remember the phone number or service provider?
A: The service provider was Sprint. It started with a (267).
Q: When did Cosby first contact you on your personal cell phone?
A: Before he invited me to his home. I think he was asking me for a number that wasn't at the office
so that he could contact me to make the arrangements to go to his home for dinner.
Q: Can you describe this encounter with Cosby?
A: I came in the door. I met the chef. He was preparing dinner. After five minutes. I went to the back
room. Mr. Cosby lit a fire because it was cold in the home. I sat down and we just conversed. After
about twenty minutes, the chef brought my dinner and asked if I wanted a glass of red or white wine. I
said that I would have just a little bit of red wine. After this, I ate my meal. Mr. Cosby wasn't even
really present. He was talking to his chef. Cosby didn't eat with me. I ate my meal on the sofa just
watching the fire. He wasn't present while I ate dinner.
Q: There was no table set for dinner?
A: No table set for dinner. He later came back and asked if I would like a sweet liquor after dinner. I
refused and said that once in a while I have warm cognac or brandy. He said that he had a very old
bottle that I should try. He went to his liquor cabinet and got cognac or brandy. He showed it to me
and said it was a rare liquor. I tasted the brandy.
Q: What happened after that?
A: I sipped on the brandy, watching the fire. Mr. Cosby came and sat next to me. I gave him a hat, a t-
shirt and some incense. And he thanked me for them and he opened them right there. As time passed,
I was sipping on my brandy, I didn't drink the whole glass. At one point he went to put more brandy
in my cup but I was ready to make a move to get home. I was restless. So then he reached over and he
touched my pants and my inner thigh and was coming very close to.. he was touching my clothes and
my waist and my inner thigh. And he commented on my pants. I dismissed myself to go to the
bathroom and I gathered my purse and everything to go. Before I left he gave me a bottle of perfume
and thanked me for the gifts, which I brought.
Q: Did you in any way encourage this advance?
A: No I did not.
Q: What were you feeling when you left Cosby's home?
A: I was kind of embarrassed actually. Cause we had just had some light conversation about my
family. I never really thought he would have hit on me. He is much older than my father. I felt
awkward.
Q: How long were you at Cosbys home?
A: I was there about two and a half hours.
Q: Did you go straight home after this first encounter?
A: Yes, I got into my car and went back to my house.
Q: Did Cosby kiss or hug you when you left?
A: No. It was like alright, kid. Just a little tap on the shoulder
Q: When did you next speak to Cosby?
A: Maybe a couple of days later because I remember conversing with him, like did you enjoy the meal.
I said the cognac was fantastic 1.
Q: Did you contact him or did he contact you?
A: He contacted me. I don't know where he contacted me.
Q: Did Cosby ever invite you back to his home?
A: Yes
Q: Prior to the alleged incident, did you ever make any advances towards Cosby?
A: No, I did not
Q: Prior to the alleged incident, did Cosby ever make any advances towards you?
1 This sentence I said the cognac was fantastic was crossed out by Constand after reviewing and
THE BEASLEY FIRM, LLC initialing the statement.
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COMPLAINT
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A: Yes, just when he touched my leg and inner thigh the night I went to his house for dinner.
Q: Did you ever have an intimate kiss with Cosby prior to the alleged incident?
A: No
Q: Did you ever have any other contact with Cosby prior to the alleged incident?
A: I had some time off. I heard from the CEO of Foxwoods Resort/Casino in Connecticut who invited
me up to the resort. Mr. Cosby was having a show there on Saturday. Mr. Cosby must have given my
name to the CEO. I also heard from the General Manager. I drove up to the resort where I was met by
the CEO in the lobby. He gave me my room. I dropped my bags in the room. He told 2 Mr. Cosby
wasn't there yet. The CEO told me that he was taking care of the room.
Q. Did you ever see Mr. Cosby during that visit to Foxwoods?
A. Yes, I did. I arrived at about 7 in the evening on the Friday before the show. I was not going to stay
for the show. The CEO went up to Mr. Cosby's room like a suite with a dinner area, living area, like a
penthouse. There were already people in the room when I arrived. A GM, a CEO, a waiter, and a lady
who escorted Mr. Crosby to his room. He arrived around 8:15 to 8:30 PM. I got a call from the CEO
that Mr. Cosby had arrived and to come up to the room.
Q. What happened when you went to the room?
A. The waiter took his order for dinner. When we ate it was only Mr. Cosby, the CEO, and me.
Q. Was it ever you and Mr. Cosby alone together?
A. After we ate we sat around and watched sports TV. The CEO left and it was just the two of us. The
waiter had already left. He asked me to come to his bedroom where he was unpacking. We sat on the
edge of the bed. Then we both laid down on the bed beside each other. Our legs were touching each
other but nothing sexual. He closed his eyes for like 15 minutes. I thought he was tired. It was like a
really weird moment. In my head I knew I was going to leave. I thought he was resting and he was
tired. When he stirred I told him I was leaving, he said alright, and at the door I gave him a kiss
cheek to cheek. The next morning I got up and drove back to Philadelphia. I never saw Cosby that
morning. I just left. 3
Q: What was the day and date the alleged incident occurred?
A: I don't know the exact date. It was between mid January and mid February 2004.
Q: On the night of the alleged incident, how did you make your plans with Cosby?
2 Constand inserted me after told as part of her review and signing the statement.
3 Constand changed this answer, as part of her review and signing, to the following:
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Case ID: 171000755
A: He called me on the cell phone and because we had been in touch he knew I busy with my job and
changing my career to massage therapy. He knew that broadcasting was no longer an option. He knew
I was thinking about going to school for massage therapy.
Q: Did you make the plans for that evening?
A: Mr. Cosby invited me up to the Cheltenham house. He said to dress in comfortable clothing which I
did. He said come up around 8:45 PM. We were just gonna talk. I had given him my phone number in
Toronto.
Q: Who did Cosby say was going to be in attendance?
A: He told me that no one else would be there. We would be talking about the move, the changes.
Q: At what time did you leave your residence in the city to go to Cosby's home in Cheltenham?
A: I left between 8 and 8:15 PM
Q: How long did it take you to reach Cosby's home?
A: Thirty five minutes.
Q: At which entrance to Cosby's home in Cheltenham did you arrive?
A: The main entrance, the front entrance. Off of Stafford Road.
Q: What did you do upon reaching the entrance to Cosby's home?
A: I called him from the street and told him I was here in the area and could I pull in the driveway. I
used my Nextel phone owned by Temple. Mr. Cosby said come on in. I pulled in the driveway and
went in the front door. Mr. Cosby let me in. He was in sweats. He told me to come in and exchanged
greetings. I then sat down at the table near the front door. We had nothing to eat. We were just
conversing. He told me he wanted me to relax. We were talking about my future and the changes in
my life.
Q. How long did that conversation last?
A. Ten to fifteen minutes. 4
Q. Did you move your location in the house?
A. I excused myself to go to the bathroom. Prior to going in the bathroom I had seen a bottle of Evian
water and a bottle of Wine on the table that we had sat at. When I came out Mr. Cosby was standing
by the table and I noticed that a very small amount of wine had been poured in a wine glass and water
had been poured in a glass. I asked him if he had poured that for me and he responded yes. I told him
that I hadn't eaten very much and didnt want to drink the wine. He said OK you can drink or you can
nurse it.
Q: What happened next?
A. Mr. Cosby said he would be right back and he went up the stairs. He came back down in less the
minute. When he came down he had pills in his hand. Mr. Cosby said to me "These will make you feel
good. The blue things will take the edge off. I asked if their herbal and replied "Yes." "Down them.
Put em down. Put them in your mouth." 5 At the same time he motioned for me to put them in my
mouth. He had put them in my hand all three of them. I took them and he told me to take the water
which I did. I said to him I trust you. I swallowed them with the water. Then he told me to taste the
wine. He told me to take one sip. I told him that I hadn't eaten anything today. He told me to "just
taste the wine."
Q. What happened after you drank the wine and took the pills?
A. We continued our conversation at the table. We talked more about finishing things at Temple for
about another twenty to thirty minutes.
Q. Did anything unusual start to occur?
A. I started to have blurred vision. I told Mr. Cosby. I told him I can't even talk Mr. Cosby. I started to
panic. He told me to lay down. He came to the chair and assisted me to the room behind the formal
4 Constand, as part of her review and signing, added the following:

We discussed how I had come to terms with the change and I mentioned to him that the situation had
drained me a little, that I was emotionally occupied with what was going on a had missed some sleep over
it.
THE BEASLEY FIRM, LLC 5 Constand, as part of her review and signing, added He urged me to take them.
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COMPLAINT
Case ID: 171000755
dining room like a sitting room. He walked me over and he placed me on the sofa. He assisted me in
sitting down.
Q. What did your body feel like after you drank the wine and took the pills?
A. I got scared. I thought I was having a bad reaction to something. I had no strength in my legs. They
felt rubbery and like jelly. I was a little spacy. Im sure if I could make it on my own to that room 6.
Everything was blurry and dizzy. I felt nauseaus. I remember that I couldn't keep my eyes open. I had
no thought to call 911.
Q. What did Mr. Cosby say to you?
A. He said that he was going to lay me down on the couch. He said "Im going to let you relax." He did
not seat [sit] on the sofa with me.
Q. What was the position on the sofa?
A. I was lying on my left side with my knees bent. This was the last thing I remember.
Q. What were you aware of while you were lying on the sofa?
A. I wasn't aware of any sounds and my vision was blurry. I don't know where Mr. Cosby went. I don't
remember a voice or sound after lying down. I knew I was on a couch, like some place stable. I had no
sense of time.
Q. What do you recall happened at the sofa?
A. I recall Mr. Cosby's body near mine. I was in and out. I remember Mr. Cosby positioned himself
behind me. I knew he was there but I don't know how he got there. I was aware that his hands were
ort my breasts. I was aware that his hands were in my pants and that his fingers were in my vagina.
He was moving his fingers in my vagina. I also remember him taking my right hand and placing my
hand on his penis. His penis was erect. Mr. Cosby had his penis exposed. He entered my pants from
behind. I don't remember any kissing, any intercourse or sex. I was unable to move my body. I was
pretty much frozen. The blur was going on in my head 7.
Q. Were you able to say anything to him?
A. No, I was unable to speak. I was like paralyzed.
Q. Did you consent to any of these acts?
A. No, I did not
Q. Do you know how long he was behind you?
A. I have no idea.
Q. Did Mr. Cosby ejaculate?
A. I have no idea.
Q. What happened next that you can recall?
A. I recall coming to. I came up to a sitting position. I reattached my bra. My bra was undone. I had
not undone my bra before I laid down. The snap was in the back not in the front I couldn't have done
that even if I had wanted to. My bra was up over my breasts close to my neck. My sweater was
bunched. I was not covered with any blanket. There was pillow on the couch that must have come
with the couch 8.
Q. What happened next?
A. I looked at my watch. I saw that it was around 4. I was worried about how long he done something
to me. I actually had gotten up and was walking toward the door. I saw Mr. Cosby standing at the
bottom of the steps He was dressed in a robe with a v-neck, like a burgundy or a darker shade, and
slippers. I think like open toe blue slippers. I could see his chest. He had like bumps all over his
chest, like moles.
Q. Did Mr. Cosby say anything to you?
A. He said there's a muffin there. He motioned to the table. He placed a muffin on a plate where I had
been sitting previously. I stayed standing up and put my jacket on. I took a couple of pieces from the
muffin, like a mixed fruit muffin.
6 Constand, as part of her review and signing, struck this sentence.

7 Constand, as part of her review and signing , struck this sentence.
8 Constand, as part of her review and signature, struck the second half of the sentence, and replaced it
THE BEASLEY FIRM, LLC with a small pillow but he did not put it there.
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Q: Did you move towards the door at that time?
A: Yes. I put my jacket on and he communicated to me with his body language that it was time to go.
He opened the door and stood there in his robe and I looked at him one more time. When he opened
the front door he said, "Alright."
Q: Did Cosby at any time inquire as to your condition from the night before?
A: No he did not.
Q: Was there any other conversation with Cosby at that time?
A: No
Q: Did you move to your vehicle?
A: I walked to my vehicle and I drove home.
Q. Did you seek any type of medical treatment after this incident?
A: No I did not.
Q. At the time of the incident with Cosby were you using any type of birth control devices?
A: No I did not.
Q: Did Cosby contact you after this incident?
A: Yes he did. He contacted me in March by phone.
Q: Had you attempted to reach him following this incident?
A: No
Q: What was the nature of the conversation with Cosby when he called? ~
A: Mr. Cosby was very short and brief. He said, "We're going to a Chinese restaurant in Chinatown.
There will be Honor Students and there parents from Central High. He said that there would be
guidance counselors and others. He said we are going to meet there for six thirty. At first I was
hesitant. I said, OK but I would just like to talk to you Mr. Cosby. About something that has been on
my mind." He said just be there. We'll see you there. The Phoenix restaurant. He said. "We'll see you
there I got to go."
Q: Did you go to the restaurant?
A: Yes I did
Q: What was your intent in going to the restaurant?
A: To confront him and discuss what had happened and what he gave to me that night that would
have made that situation happen. I just wanted to confront him about it and ask some questions 9.
Q: Did anyone take pictures at this event?
A: Yes, one of the parents of the young boy.
Q: Do you know their names?
A: No I dont know their names.
Q: Were there any pictures taken of you?
A: I don't know if I was in the pictures. But I think there were a couple of group shots taken.
Q: Were you sitting near Cosby at any time during the dinner?
A: No. I was sitting at the side of the table and he was at one of the ends of the table. No I did not sit
near him.
Q: How long did dinner last?
A: The dinner lasted about an hour and a half.
Q: Did you have any conversation with Cosby at this dinner?
A: No I did not.
Q: Did you speak with him after the dinner?
A: Briefly. He said, "If you still want to talk to me, if so Im going to talk to you. Come up to the house
and I will talk to you."
Q: Which home did he indicate?
A: I drove up to the same house I knew on New Second St. And I pulled directly into the driveway. I
may have placed a call to him on the way there to let him know that I was there.
9 Constand, as part of her review and signature, added [B]ut, right after dinner, he talked with his guests
THE BEASLEY FIRM, LLC and I did not get to speak to him about what I wanted to.
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Q: What happened next?
A: I walked in the door and sat down again at the table. I right away said I need to just ask you some
questions about what happened. About the encounter that we had. Right away he blew it off and
showed no interest in discussing it. He said, "'I don't understand." He was confused. He didnt catch
on that I wanted to confront him about.
Q: Did you ever specifically tell Mr. Cosby what you were there to discuss?
A: No. I said, I dont know what happened but I'm uncomfortable with what happened? He said,
"Wait a minute, wait a minute, wait a minute." He quickly changed the subject. He said, "'What's
going on?" He walked me to the same couch in the sitting room and was clearly confused about what
was going on. I never mentioned the pills. I just said, ''I don't know what you did to me." He sat close
to me. Too close to me and I was disturbed by that considering what had happened in that specific
place. At that point I didn't think I was going to accomplish what I wanted to do. As soon as he sat
down next to me I changed my sitting position away from him and I got up and started walking
towards the door. I hadn't taken my jacket off at that point. I didn't want to be there and I just wanted
to leave. I put my hand on the door and he just stood there. He said goodbye and I walked out the
door. He said, "I don't know whats going on.''
Q: Did anything inappropriate happen at this encounter?
A: No but I felt uncomfortable by his sitting that close to me.
Q: He didn't physically touch you at this time?
A: No
Q: Did you return home?
A: Yes I did.
Q: Were you able to determine the date of this dinner at the Phoenix Restaurant?
A: Yes. My mother contacted Marylyn Gordon, the guidance counselor at Central High School. She
asked her if she could remember the date when the event took place. She went through her records
and determined the date using a thank you letter to Mr. Cosby. My mom asked her if she had pictures
from the event and she stated that one of the student's parents has pictures from that evening.
Did you have any more contact with Cosby prior to returning to Canada?
A: No I did not.
Q. When did you first tell someone about this incident?
A. The first person I told was my mother and that was Jan 13, 2005.
Q: What caused you to wait almost one year to tell someone about this incident?
A: My position at Temple with the Womens basketball team, concern about my job. Even though I
was leaving I had mixed feelings about saying anything at that point. I want to say that there was an
element of fear. Before I was going to say anything to anyone I had to put my own thoughts and
feelings together. I was emotionally shocked. I was still traumatized about the whole situation. I had
some emotional distress that I was dealing with. I needed to come to terms with this on my own. I had
to get clear enough about what happened so when I was ready to talk to someone I would be able to
present exactly what happened. Because I wasn't physically injured and that there was no violence
attached to the situation, I reasoned that there was no reason to come forward at this point because I
hadn't suffered physical trauma.
Q: How did you break this news to your mother?
A: I had a flashback. The whole situation came to my consciousness. I just called my mom and said I
need to tell you about something that happened to me. I said something happened a while back. I said
it involved Mr. Cosby. l said one night around this time last year I was invited to Mr. Cosby's house
and he gave me pills and he sexually violated me without me consenting. She said, "What did he do to
you?" I said, He fondled my breasts. He penetrated my vagina with his hand and he placed my hand
on his penis." And he acted sexually on me.
Q: What was your mother's reaction?
A: She was shocked. She was devastated. She said don't worry and that she would call me from the
office.
Q: Did you speak with her after she reached the office?
A: Yes. And she asked me if he penetrated me. If there was violence. If l had been injured. And then
she said we're going to have to talk about this. And when I get home we'll be able to go forward.
THE BEASLEY FIRM, LLC Q: What did she advise you to do after you next spoke with her?
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A: I spoke with her the next day and she had me go through the details while we were face to face. And
then said were going to have to report this to the police.
Q: Did you contact the police that same day?
A: Yes. It was Thursday January 13th.
Q: Did you contact a civil lawyer prior to contacting the Durham Police?
A: No I did not.
Q: When did you next speak to Cosby?
A. Cosby called my Toronto residence about tickets for my show at CasinoRama. It was last year
around June or July. He left four tickets for us. I never met him during that visit other than his
performance at CasinoRama.
Q. Who decided to call Cosby after you reported the incident to the police?
A. My mother. Her purpose was to confront him. She left a message. He returned the call on Sunday,
the 161h. My mom talked to him and admitted to all the things that occurred in the incident and
apologized to both me and my mother separately. He said "I'm sorry to you Andrea, and ""I'm sorry to
you Mom." We were both on the phone.
Q. Has anyone told you that you could benefit financially, in anyway by reporting this incident?
A. No.
Q. Have you consulted with an attorney in regards to this incident?
A. Yes, BeBe Kivitt. Shes from the Philadelphia area.
Q. Do you receive any additional calls from Cosby?
A. Yes, there were four calls on Monday, the 17th. There was a call in the evening between my mother
and Mr. Cosby which she had taped. My mother used a micro-recorder from Radio Shack to record a
conversation with Cosby.
Q. Did you receive any other telephone calls from other individuals representing Mr. Cosby?
A. Yes, a person named Pete from the William Morris agency called on the 19th and left a message to
call him back. I returned his call. He indicated that Mr. Cosby wanted me and my mom to fly to
Florida and stay at the Biltmore Hotel. These conversations were recorded. We did not go to Florida.
A Martin Silver from Los Angeles called and left a message stating that he handled Mr. Cosby's
educational trust funds. He wanted to set up a trust fund for me. That call was recorded from the
answering machine.
Q. Will you continue to cooperate with law enforcement authorities regarding this incident?
A. Yes.
Q. Will you be willing to take a polygraph examination?
A. Yes.
Q. Did you ever tell Mr. Cosby that you were gay?
A. No.
Q. Is everything that you have told us today the truth?
A. Yes.
45. On February 9, 2005, at Castors direction, the Montgomery County
Detectives flew to Canada and interviewed Ms. Constand; co-defendant Kivitz was
present for this interview and Ms. Constand read and corrected the statement. The
interview transcript is attached hereto as Exhibit D.
46. The interviewers began this February 9, 2015 interview with the question,
[D]id you have any other sexual encounter with Mr. Cosby that you did not tell us
about?
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Case ID: 171000755
47. Ms. Constand reported the following during this February 9, 2005
supplemental interview:
Q: [D]id you have any other sexual encounter with Mr. Cosby that you did not tell us about?
A: Yes, I had gone to the house, the chef was there. I had a couple glasses of wine and I was talking
with Mr. Cosby. Mr. Cosby unbuttoned my pants and touched me. Not inside my pants, I leaned
forward to stop him. I dont even know what I said. He got up and went into the kitchen. I left about
ten minutes later. Nothing was said by either one of us about this advance.
Q: Before Mr. Cosby unbuttoned your pants, had you kissed or in any way talked about sex?
A: No, his actions came out of the blue.
Q: Did Mr. Cosby ever kiss or attempt to kiss your breast when you were leaving his home?
A: No.
Q: Did Mr. Cosby ever kiss or attempt to kiss your breast and you told him no or to stop?
A: No.
Q: Did Mr. Cosby ever give you a cashmere sweater?
A: Yes. Three. One was gray, charcoal, and red. They were for my birthday.
Q: Have you ever changed your hair style at Mr. Cosbys request?
A: Mr. Cosby would say why does your hair look wet and it felt hard. I told him I used jel, he asked
me if I had ever blown my hair out. I said yes when I was younger. That is when Mr. Cosby offered to
buy me a blow dryer. Mr. Cosby told me to go to the salon and get a good one and he would take care
of it for me.
Q: How much did you pay for the blow dryer?
A: $200 or $225 with tax.
Q: Did you call Mr. Cosby for the CasinoRama tickets for your family?
A: I dont recall if he told me to tell me he was coming to Canada or I called him at my familys
request?
Q: Did Mr. Cosby want you to come to Toronto a day early before your family came to the show?
A: Yes, I told him I could not go.
Q: Was this the first telephone conversation you had with Mr. Cosby after you left Temple?
A: I believe so, only the ones concerning CasinoRama 10.
Q: Did you talk to two Philadelphia lawyers the day you called the police in Canada?
A: Yes, I left messages.
Q: Andrea, whose idea was it to call the lawyer in Philadelphia before the police?
A: Mine, I was not sure what to do, who to turn to. I knew I was doing the right thing by going to the
police.
Q: Whose idea was it to tape Mr. Cosby when he called?
A: It was mine, I wished I had taped the first conversation. My mom and I talked about it.
Q: Did you confront Mr. Cosby when you went to his home after the dinner at the Phoenix in
Philadelphia?
A: Yes, I told him I wanted to talk to him about what he did to me. He reply to me was I thought
you had an orgasm. I was totally stunned by that reply and said I dont understand, I dont want to
talk about this. I was upset by his reply. I got up and left. I was not in the house more than five or
ten minutes.
10 Constand, in her review and signing of this February 9, 2005 statement, struck the word No at the
THE BEASLEY FIRM, LLC beginning of the sentence and replaced it with I believe so.
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COMPLAINT
Case ID: 171000755
48. In addition to other evidence, including the above interviews and Ms.
Constand statement, the Montgomery County District Attorneys office reviewed Ms.
Constands cell phone records.
49. Castor, as the Montgomery County District Attorney, thoroughly reviewed
all of the evidence generated from the multiple interviews.
50. This evidence revealed the following inconsistencies. See also Chart of
Ms. Constands Inconsistent Statements to Authorities attached hereto as Exhibit E.
13 JANUARY 2005 19 JANUARY 2005 22 JANUARY 2005 9 FEBRUARY 2005 PHONE

DURHAM POLICE CHELTENHAM CONSTAND MONTCO RECORDS
INTERVIEW POLICE INTERVIEW STATEMENT DETECTIVES
INTERVIEW
Alleged assault Alleged assault was Alleged assault
occurred in mid- March 16, 2004; occurred between
January 2004 Constand mid-January and
confirmed the date mid-February 2004
while speaking with
another attendee of
the dinner
First met Cosby 6 First met Cosby in
months before the the winter of 2001
alleged assault at a Womens
basketball game
Constand met Cosby Constand was
by introducing introduced to Cosby
herself to him by someone else
Constand had never Constand had been
Constand had at Prior to the alleged
been alone with to Cosbys home
least two dinners at incident, Constand
Cosby prior to the three of four times
Cosbys house in was at Cosbys
alleged assault, and before the alleged
front of the house and had a
Constand was assault for dinner,
fireplace. At least couple glasses of
always in the and the last time
one with wine and wine while she was
presence of others she was there
brandy, at least one talking with Mr.
when around Cosby before the assault
where they Cosby. Cosby
she was alone with
exchanged gifts, unbuttoned her
Cosby. Constand
and there was pants and touched
admitted to being
incense burning. her, but not inside
alone with Cosby
Cosby was touching her pants. She
once after dinner at
her inner thighs, leaned forward to
his home pants and waist. stop him. I dont
Cosby had made even know what I
advances towards said. He got up
her when he was and went into the
touching her leg kitchen. I left
and inner thigh the about ten minutes
night she was at later. Nothing was
THE BEASLEY FIRM, LLC dinner at his house. said by either one
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COMPLAINT
Case ID: 171000755
Before the assault, of us about this
Constand went to advance.
Foxwoods casino in
Connecticut for the
night at Cosbys
expense; she had
dinner with Cosby
and others, and
later was alone in
his room with him,
laid on the bed with
him, their bodies
touching. She later
left his room and
the departed,
kissing cheek to
cheek.
On the night in On the night of the
question, Constand alleged incident,
had been out to Constand went
dinner with Cosby directly to Cosbys
and others at a house and did not
restaurant, and he have dinner with
invited her back to him and others
his house afterwards before meeting him
at his home. Cosby
called Constand, he
knew she was
changing her career
to massage therapy.
Cosby invited her
to his house,
inviting her to talk.
Constand knew no
one else was going
to be present. They
did not eat. They
sat down and
discussed her
future, the changes
in her life, and
finishing things at
Temple.
Constands contact Cosby contacted Constand either Cosby and
with Cosby was her in March to called Cosby or Constand
rare and brief after invite her to a Cosby called her had over 70
the alleged incident Central High school regarding the phone calls
dinner; she CasinoRama show, between the
attended the left 4 tickets for her night of the
dinner. Constand and her family. alleged
then went to Cosby wanted her incident and
Cosbys house after to come up a day when she
the Central High early before her went to
dinner to discuss family arrived. She Durham
the alleged assault did not. police. At
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with Cosby. When When Constand least one
she confronted confronted Cosby lasted over
Cosby at his house at his house after an hour,
after the Phoenix the Phoenix and 53 calls
dinner, he said I restaurant dinner, were from
dont know whats Cosby responded I her to him.
going on. He acted thought you had an
like he did not want orgasm. Constand
to talk about it and was totally stunned
quickly changed the and said that she
subject. did not understand,
and did not want to
She never had any talk about it. She
subsequent contact then got up and
with Cosby prior to left, spending 5-10
returning to minutes at his
Canada. Constand house.
and her family went
to see Cosby
perform at
CasinoRama in
June or July, 2004.
The alleged assault Constand left Prior to the alleged
was a significant Temple because I assault Constand
factor in wanted a change in had already
Constands my life. I thought it decided to leave
resignation from was a dead end Temple at the end
Temple and position for me. I of March 2004, and
subsequent knew a different went to Cosbys
relocation to path was definitely house on the
Pickering. on the horizon. evening in question
to discuss her
career change and
finishing things at
Temple
Constand had Constand had Constand had not It was Constands
already contacted a reached out to contacted a civil idea to contact a
personal injury Philadelphia lawyer prior to Philadelphia lawyer
attorney in attorneys for contacting the before calling the
Philadelphia prior to guidance Durham police Durham police.
contacting the department. She had contacted
Durham police two personal injury
department. lawyers in
Philadelphia prior
to calling the
Durham police.
51. Castor also learned that Ms. Constand and her mother had secretly and
possibly illegally recorded phone calls with multiple parties, including Cosby and Ms.
Gordon of Central High School.

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Case ID: 171000755
52. Ms. Constand and her mothers secret recordings of Cosby likely alerted
him that he was being recorded, and with Cosby wise to the possibility of recordings,
such a controlled wiretap could produce evidence that hurt the prosecution as Cosby
would be sure to make self-serving statements.
53. As a result of the above behaviors and inconsistencies in Ms. Constands
multiple versions of the events surrounding her relationship with Cosby, the night in
question, her previous contact with Cosby, and her contact with Cosby after the night in
question, Castor made the decision not to prosecute Cosby.
54. Castor released his conclusions in a February 17, 2005 Press Release,
attached hereto as Exhibit F. 11
55. In that press release, Castor explained what the Defendants knew too well:
that Ms. Constands multiple interviews, statement, and cellphone records, were far too
inconsistent to sustain the criminal burden of proof.
56. Castors Press Release noted the following:
After reviewing the above and consulting with County and Cheltenham
detectives, the District Attorney finds insufficient, credible, and admissible
evidence exists upon which any charge against Mr. Cosby could be
sustained beyond a reasonable doubt. In making this finding, the District
Attorney has analyzed the facts in relation to the elements of any
applicable offenses, including whether Mr. Cosby possessed the requisite
criminal intent. In addition, District Attorney Castor applied the Rules of
Evidence governing whether or not evidence is admissible. Evidence may
be inadmissible if it is too remote in time to be considered legally relevant
or if it was illegally obtained pursuant to Pennsylvania law. After this
analysis, the District Attorney concludes that a conviction under the
circumstances of this case would be unattainable. As such, District
Attorney Castor declines to authorize the filing of criminal charges in
connection with this matter.
11Defendants criticized Castor for not first informing them of the conclusion not to prosecute; however,
Castor had faxed the Press Release to them on the evening of February 17, 2005, before it was faxed to the
THE BEASLEY FIRM, LLC Press.
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Ex. F at p. 2.
57. However, Castor went out of his way to ensure Ms. Constand would be in a
position to pursue a civil case, which carries with it a much lower burden of proof.
58. After obtaining Cosbys counsels agreement that Cosby would testify in a
civil case and could not assert his Fifth Amendment privilege, Castor wrote the following
in conclusion of the release:
Because a civil action with a much lower standard of proof is possible, the
District Attorney renders no opinion concerning the credibility of any
party involved so as not to contribute to the publicity, and taint
prospective jurors. The District Attorney does not intend to expound
publicly on the details of his decision for fear that his opinions and
analysis might be given undue weight by jurors in any contemplated civil
action. District Attorney Castor cautions all parties to this matter that he
will reconsider this decision should the need arise. Much exists in this
investigation that could be used (by others) to portray persons on both
sides of the issue in a less than flattering light. The District Attorney
encourages the parties to resolve their dispute from this point forward
with a minimum of rhetoric.
59. The Defendants filed a civil lawsuit against Cosby within three weeks of
Castors press release. Ms. Constands civil complaint against Cosby is attached hereto
as Exhibit G.
60. Remarkably, this civil lawsuit, penned by defendants Troiani and Kivitz,
alleged yet another date when Ms. Constand first met Cosby; the Defendants claimed
that Ms. Constand first met him in November, 2002, not six months before (Durham
police investigation, exhibit A) or in 2001 (Cheltenham police investigation, exhibit
B). See, Ex. G at 6.
61. Ms. Constands civil case resulted in the following admission regarding
prior sexual contact with Cosby:
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"Question: Now, it's a simple question. Did you have prior sexual contact
with Mr. Cosby on two occasions before January of 2004?
"Answer: Yes, there was some suggestive contact.
"Question: The answer is yes?
"Answer: Yes."
Commonwealth v. Cosby criminal trial, June 6, 2017, p. 243 ll. 9-15, citing Ms. Constand
Deposition at 85:5-12.
62. Castor publically stated that he felt that Cosby had been deceptive, but that
meeting the criminal burden of proof was unlikely given Ms. Constands multiple
inconsistencies.
63. Castors decision not to prosecute and his encouragement of the parties to
instead resolve this matter in a civil lawsuit, resulted in, upon information and belief, a
large seven figure resolution, from which all defendants profited.
64. The payment was so substantial that defendant Troiani bragged about it
during her 2016 testimony, when asked whether she profited from the civil lawsuit: I
certainly did, she said, yes, absolutely.
65. In spite of the fact that the defendants knew Ms. Constands interviews
and statement were all markedly inconsistent and that Castor, by not prosecuting Cosby
as a result of these inconsistencies, had made it possible for the defendants to obtain a
large civil settlement, they continued to pursue a vendetta against Castor for his decision
not to prosecute Cosby.
66. The Defendants continued their vendetta against Castor by wrongfully
harming his name and reputation in order to, in part, affirmatively assist Castors
opponent in the 2015 District Attorney election.
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67. As part of their vendetta, they publically attacked his decision not to
prosecute Cosby; Castor was forced to respond in the fall of 2015 as it became a central
focus of the election.
68. Castor responded to the Defendants false claims:
"If the allegations in the civil complaint were contained with that
detail in her statement to the police, we might have been able to
make a case out of it.
"Inky: Cosby victim told police much different than she told court in
her lawsuit. First I saw that in a story. Troublesome for the good
guys. Not good."
69. On October 26, 2015, approximately one week before the election, the
Defendants filed their knowingly false and frivolous lawsuit, without any probable
cause, for no legitimate purpose, and with the clear, improper purpose of harming
Castor in the election as well as causing maximal reputational damage. See Exhibit H.
70. The Defendants knew of Ms. Constands multiple, substantive and
material inconsistencies, some of which they were personally and directly responsible in
creating and propagating.
71. The Defendants knew, for example, that Ms. Constands statement to the
police that she had never been alone with Cosby prior to the alleged assault was false.
72. The Defendants further knew, for example, that Ms. Constands multiple
statements to the police that her contact with Cosby after the alleged event was rare
was false.
73. Ms. Constand testified under oath in her civil deposition that she had two
episodes of sexual contact prior to the alleged assault, which was materially inconsistent
with her other interviews with and statement to law enforcement. The Defendants knew
this prior to filing the underlying action.

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COMPLAINT
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74. The Defendants maliciously, and without probable cause, filed and
proceeded with their frivolous lawsuit against Castor to further their vendetta, described
herein, with the express purpose of choosing their prosecutor, Steele, who would benefit
in the election and thus feel obliged to arrest Cosby lest he, too, feel the wrath of the
Defendants.
75. The Defendants procured, initiated, and continued their frivolous lawsuit
against Plaintiff Castor in a grossly negligent, reckless, and malicious manner and
without probable cause with full knowledge of the above facts and circumstances to
further their own material greed, vendetta, and not for a legitimate purpose.
76. This continuing scheme was specifically designed to maliciously injure
Castor, through false, scandalous, statements, knowingly fabricated accusations, and
court filings.
77. The Defendants knowledge of the falsity in their claims in the underlying
action are apparent, and the continued prosecution of these knowingly frivolous claims
is further evidence of malice and greed, which warrants the imposition of exemplary
damages.
78. The Defendants sued Castor to destroy his political and legal career by the
scurrilous accusations made in the lawsuit, as described herein, not for the purpose of
genuinely seeking a compensatory monetary recovery from him.
79. The Defendants abuse of the legal process which still continues
caused significant damages, including Castors loss of the election, incurring legal
expenses to fight this outlandish lawsuit, need to expend his own substantial time,
energy, and skills necessary to address the lies created and propagated by all defendants
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in their baseless lawsuit, and the physical stress and emotional distress as a result of the
fallout from the Defendants actions.
80. The costly expenditures, substantial wastes of time and energy, and
associated injuries and damages, have continued from the time of the filing to the
present.
81. Due to the Defendants improper and unethical actions, Castor has
suffered substantial damages.
82. Ms. Constand was and is a co-conspirator with the co-defendants in the
initiation and propagation of the flawed representation identified herein.
83. All defendants acted with an improper purpose in initiating and
continuing the malicious underlying action.
84. All defendants initiated and continued the representation primarily to
accomplish a purpose for which the legal process was not designed.
85. The Defendants initiation and propagation of the underlying action was,
and is, a perversion of the legal process designed to achieve an unauthorized result and
for an unauthorized purpose for which the legal process was not designed.
COUNT I
CIVIL CONSPIRACY
Castor v. All Defendants
86. Plaintiff incorporates by reference the above paragraphs as if set forth at
length herein.
87. Ms. Constand, her attorneys, and codefendants acted in concert with the
purpose of satisfying their desires for revenge, greed, and to harm Castor.
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88. All defendants acted maliciously, with the intent of injuring Castor and his
reputation, by initiating and continuing the malicious representation.
89. All defendants took continuing overt acts in furtherance of their common
purpose to maliciously injure Castor.
90. In furtherance of their unlawful and unethical purposes, the Defendants
attempted to take advantage of the timing of the election so as to cause maximum harm
to Castor and to further their own agendas.
91. As a direct and proximate result of the Defendants actions described
herein, Castor has suffered actual losses identified in this Complaint including, inter
alia, the expenses of fighting the frivolous representation, as well as injuries to his
reputation as both a lawyer and as a political figure.
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in
his favor and against all Defendants, jointly and severally, in an amount substantially in
excess of this Honorable Court's jurisdictional threshold to guarantee a jury trial,
together with costs, attorney's fees, trial by jury on all issues, punitive damages, and any
other relief that this Court deems just and proper under the circumstances of this case.
COUNT II
ABUSE OF PROCESS
Castor v. All Defendants
92. Plaintiff incorporates by reference the above paragraphs as if set forth at
length herein.
93. As described above, all of the Defendants engaged in personal acts wholly
instigated and carried out by them in their malicious procurement, initiation, and
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continuation of the underlying action with a sustained pattern of grossly negligent,
reckless, malicious, willful, and intentional conduct.
94. The Defendants knowingly frivolous lawsuit was filed and has proceeded
with an improper purpose and without probable cause.
95. Kivitz and Troiani, as agents of their respective co-defendant law firms,
improperly assumed and continued Ms. Constands unethical representation, and used
their position to wrongfully advance their own interests, so that all defendants could,
inter alia, fix an election, destroy Castors political prospects and reputation, and
further their own goals.
96. Ms. Constands engagement of and continuation with her codefendants in
pursuing the underlying litigation was done for a purpose other than that for which the
legal process was intended.
97. All defendants acted willfully and maliciously solely to destroy, harass, and
to embarrass Castor and to cause great expense and injury to him and his reputation.
98. As a direct and proximate result of the Defendants abuse of process,
which still continues, Plaintiff Castor has suffered the severe and substantial damages
described herein.
WHEREFORE, Castor respectfully requests that this Court enter judgment in
his favor and against all Defendants, jointly and severally, in an amount substantially in
excess of this Honorable Court's jurisdictional threshold to guarantee a jury trial,
together with costs, attorney's fees, trial by jury on all issues, punitive damages, and any
other relief that this Court deems just and proper under the circumstances of this case.
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COMPLAINT
Case ID: 171000755
NOTICE OF PRESERVATION OF EVIDENCE
PLAINTIFF HEREBY DEMANDS AND REQUESTS THAT DEFENDANTS TAKE
NECESSARY ACTION TO ENSURE THE PRESERVATION OF ALL DOCUMENTS,
COMMUNICATIONS, WHETHER ELECTRONIC OR OTHERWISE, ITEMS AND
THINGS IN THE POSSESSION OR CONTROL OF ANY PARTY TO THIS ACTION, OR
ANY ENTITY OVER WHICH ANY PARTY TO THIS ACTION HAS CONTROL, OR
FROM WHOM ANY PARTY TO THIS ACTION HAS ACCESS TO, ANY DOCUMENTS,
ITEMS, OR THINGS WHICH MAY IN ANY MANNER BE RELEVANT TO OR RELATE
TO THE SUBJECT MATTER OF THE CAUSES OF ACTION AND/OR THE
ALLEGATIONS OF THIS COMPLAINT.
DEMAND FOR JURY TRIAL
Plaintiff demands a jury trial.
BY: /s/James E. Beasley, Jr.

JAMES E. BEASLEY, JR.
HEIDI G. VILLARI
LANE R. JUBB, JR.
THE BEASLEY BUILDING
1125 Walnut Street
Philadelphia, PA 19107
215.592.1000
215.592.8360 (telefax)
jim.beasley@beasleyfirm.com
heidi.villari@beasleyfirm.com
lane.jubb@beasleyfirm.com
Attorneys for Plaintiff
Dated: 1 November 2017
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COMPLAINT
Case ID: 171000755
VERIFICATION
I am the Plaintiff in this action, and hereby verify that the statements made in the
foregoing Complaint are true and correct to the best of my knowledge, information and
belief. I understand that the statements therein are made subject to the penalties of 18
Pa. C.S.A. 4904 relating to unsworn falsification to authorities.
A J {_ I ?- () ) --1..
Dated: tvove~A-t 'Jt:X ' r

1125 WALNUT STREF-T
PHILADELPHIA, PA 19107 34
215.592 . 1000
215.592.8360(FAX)
WWW.BEASLEYI'IRM.COM CASTO:R V. CONSTAND, KTVJT.Z, ANJ) T:ROJANJ, F.T AL .
COMl'LAl.NT
Case ID: 171000755

Bruce Castor Lawsuit

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Bruce Castor Lawsuit

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THE BEASLEY FIRM, LLC Attorneys for Plaintiff

BY: James E. Beasley, Jr.

Bruce L. Castor, Jr., Esquire : PHILADELPHIA COUNTY

THE BEASLEY FIRM, LLC

Bruce L. Castor, Jr., Esquire : PHILADELPHIA COUNTY

1. On January 13, 2005, Andrea Constand (Ms. Constand) first reported to

(Cosby) sexually assaulted her.

had already reached out to two Philadelphia personal injury lawyers.

3. Multiple experienced law enforcement officials from Canada, the

Cheltenham Township Police Department, and the Montgomery County Detectives

performed highly detailed investigations, which included several interviews and

obtaining a personal statement from Ms. Constand.

4. Montgomery County District Attorney, Bruce L. Castor, Jr. (Castor),

personally instructed members of the Montgomery County Detectives to travel to

Canada in an effort to reconcile many inconsistencies between Ms. Constands

interviews and personal statement.

5. Defendant Kivitz was present for that Canadian interview.

THE BEASLEY FIRM, LLC

actions of Ms. Constand.

7. 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.

8. Ms. Constands inconsistencies involved critical facts such as:

When the alleged assault occurred;

Whether Ms. Constand went to Foxwoods Casino in Connecticut at

Whether Ms. Constand and Cosby exchanged flirtatious behavior and

9. As a result of Ms. Constands marked inconsistencies, Castor declined to

11. In short order, the Defendants took advantage of Castors remarkable

resolution via a press release.

was going to propel Troiani and Kivitz into the spotlight.

clients marked inconsistencies and behavior, would, apparently, serve to compromise

Troianis and Kivitzs goals.

issue in the campaign.

inconsistent statements, which would have critically compromised any attempt to

made the Cosby prosecution that much weaker.

21. In spite of knowing the manifest self-inflicted infirmities which would

compromise any Cosby criminal prosecution, these Defendants, in furtherance of their

THE BEASLEY FIRM, LLC

retraction demand to Castor.

Castor, seeking hundreds of thousands of dollars, alleging defamation and false

the civil lawsuit.

proper basis in the law.

while obtaining unlimited, free international publicity.

THE BEASLEY FIRM, LLC

countywide elections in a row and this was certain to be his fifth.

probable cause as they knew the complained of statements were true.

29. As further evidence of the Defendants malice in their targeted lawsuit

multiple inconsistent statements caused the Commonwealth v. Cosby criminal trial to

individuals or as much as demand a retraction.

campaign for Montgomery County District Attorney and did by embarking on a

THE BEASLEY FIRM, LLC

31. Plaintiff Bruce L. Castor, Jr. (Castor) is an attorney licensed to practice

in the Commonwealth of Pennsylvania. He was and continues to be wrongfully sued in

Constand v. Castor, U.S.D.C., E.D.Pa., No. 2:15-05799 (the underlying action).

outcome of an election and destroying Castors name and reputation.

32. Defendant Andrea Constand (Ms. Constand) is a defendant in this

33. Bebe H. Kivitz, Esquire (Kivitz) is an attorney currently licensed to

practice law in the Commonwealth of Pennsylvania and the Eastern District of

Pennsylvania. Kivitz is one of the attorneys involved in procuring, initiating and

the knowingly frivolous underlying action at issue in this lawsuit.

35. Dolores M. Troiani, Esquire (Troiani) is an attorney currently licensed to

practice law in the Commonwealth of Pennsylvania and the Eastern District of

Pennsylvania. Troiani is one of the attorneys involved in procuring, initiating and