Case ID: (telefax) Bruce L. Castor, Jr., Esquire 26 East Athens Ave. Ardmore, PA 19003

Transcription

1 BY James E. Beasley, Jr. Heidi G. Villari Lane R. Jubb, Jr. Attorney ID Nos /82771/ Walnut Street Philadelphia, PA (telefax) Attorneys for Plaintiff Filed and Attested by the Office of Judicial Records 18 DEC pm E. MASCUILLI Bruce L. Castor, Jr., Esquire 26 East Athens Ave. Ardmore, PA v. Andrea Constand c/o Bebe H. Kivitz, Esq. Jacobs Kivitz & Drake, LLC 1525 Locust St., 12 th Floor Philadelphia, PA and Bebe H. Kivitz, Esq. Jacobs Kivitz & Drake, LLC 1525 Locust St., 12 th Floor Philadelphia, PA and Jacobs Kivitz & Drake, LLC 1525 Locust St, 12 th Floor Philadelphia, PA and Dolores M. Troiani, Esq. Troiani & Gibney, LLP 1171 Lancaster Ave. Suite 101 Berwyn, PA and Troiani & Gibney, LLP 1171 Lancaster Ave. Plaintiff BRUCE L. CASTOR, JR., ESQ. V. ANDREA CONSTAND, ET AL. NOTICE TO DEFEND PHILADELPHIA COUNTY Court of Common Pleas October Term, 2017 No NOTICE TO DEFEND JURY TRIAL DEMANDED Case ID

2 Suite 101 Berwyn, PA Defendants. NOTICE TO DEFEND NOTICE AVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Philadelphia Bar Association LAWYER REFERRAL & INFO. One Reading Center Phila., PA (215) Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas dispuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros derechos iportantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA QUE SE ENCUENTRA ESCRITA ABAJO. ESTA OFICINA PUEDE PROVEER DE USTED INFORMACION SOBRE EMPLEAR A UN ABOGADO. SI USTED NO TIENE SUFICIENTE DINERO PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACION SOBRE LAS AGENCIAS QUE PUEDEN OFRECER SERVICIOS LEGAL A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO O NINGUN HONORARIO. Asociacion de Licenciados de Filadelphia Servicio de Referencia e Informacion One Reading Center Phila., PA (215) BRUCE L. CASTOR, JR., ESQ. V. ANDREA CONSTAND, ET AL. NOTICE TO DEFEND Case ID

3 BY James E. Beasley, Jr. Heidi G. Villari Lane R. Jubb, Jr. Attorney ID Nos /82771/ Walnut Street Philadelphia, PA (telefax) Attorneys for Plaintiff Bruce L. Castor, Jr., Esquire 26 East Athens Ave. Ardmore, PA v. Andrea Constand c/o Bebe H. Kivitz, Esq. Jacobs Kivitz & Drake, LLC 1525 Locust St., 12 th Floor Philadelphia, PA and Bebe H. Kivitz, Esq. Jacobs Kivitz & Drake, LLC 1525 Locust St., 12 th Floor Philadelphia, PA and Jacobs Kivitz & Drake, LLC 1525 Locust St, 12 th Floor Philadelphia, PA and Dolores M. Troiani, Esq. Troiani & Gibney, LLP 1171 Lancaster Ave. Suite 101 Berwyn, PA and Plaintiff PHILADELPHIA COUNTY Court of Common Pleas October Term, 2017 No PLAINTIFF S AMENDED COMPLAINT JURY TRIAL DEMANDED 1 Case ID

4 Troiani & Gibney, LLP 1171 Lancaster Ave. Suite 101 Berwyn, PA 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. Constand s interviews and personal statement. 5. Defendant Kivitz was present for that Canadian interview. 2 Case ID

5 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. Constand s 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 Cosby s 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 Foxwood s Casino in Connecticut at Cosby s 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 alleged assault; 3 Case ID

6 Whether Ms. Constand and Cosby arranged for Ms. Constand s 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 DA s investigation. 9. As a result of Ms. Constand s 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. Constand s best interests by making decisions that removed Cosby s ability to assert the Fifth Amendment in the impending civil lawsuit. 11. In short order, the Defendants took advantage of Castor s 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 Castor s 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 Castor s 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. 4 Case ID

7 15. Castor s well-reasoned decision to not prosecute Cosby, based upon their client s marked inconsistencies and behavior, would, apparently, serve to compromise Troiani s and Kivitz s goals. 16. As part of their scheme and plot against Castor, these Defendants assisted Kevin Steele, Castor s 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 and conspiring with Steele in making Castor s 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. This improper lawsuit contained multiple, unsupportable actions to abuse the legal process, all as a part of their scheme and plot to create and continue the harm they caused to Castor. 19. Castor responded to the Defendants scheme and conspiracy to harm him by simply stating the truth had Ms. Constand s versions the alleged assault and relevant events been consistent, then he might have been able to prosecute Cosby. 20. Castor s statements are true; Ms. Constand did tell multiple, irreconcilably inconsistent statements, which would have critically compromised any attempt to convict Cosby. 21. The Defendants knew that Castor s statements were truthful, and they knew that the additional evidence from Ms. Constand s testimony in her civil lawsuit made the Cosby prosecution that much weaker. 5 Case ID

8 22. 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 demanding Castor make a retraction in the press, yet never personally conveyed their retraction demand to Castor. 23. 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 couldn t remember what happened to her. Castor further stated I felt Cosby was being deceptive but you can t stand up in court and say my gut feeling is that he did it. 24. 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 Castor s 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. 25. The Defendants knew that Castor s statements of which they complained in their manufactured lawsuit were true, and that their lawsuit was, and is, without proper basis in the law. 26. 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 6 Case ID

9 greatest harm to Castor s 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. 27. 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. 28. The Defendants used the legal process for an improper purpose (1) to throw an election and destroy Castor s bid to be elected District Attorney, (2) to damage Castor s name and reputation, and (3) to cause him great emotional harm and without probable cause as they knew the complained of statements were true. 29. 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. 30. These defendants abused the legal process by, among other things, filing knowingly frivolous motions, demanded 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. 31. As further evidence of the Defendants malice in their targeted lawsuit designed to harm Castor, many legal experts have publically stated that Ms. Constand s multiple inconsistent statements caused the Commonwealth v. Cosby criminal trial to 7 Case ID

10 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. 32. The Defendants made it their mission to destroy Castor s 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. PARTIES 33. 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 (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 Castor s name and reputation. 34. 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 1H 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 8 Case ID

11 and Drake, LLC as one of its attorneys involved in procuring, initiating, and continuing the knowingly frivolous underlying action at issue in this lawsuit. 36. 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. 37. 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 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. 38. 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. 39. 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 40. 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 9 Case ID

12 Common Pleas and the United States District Court for the Eastern District of Pennsylvania, including the underlying action. FACTS 41. 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. 42. The Durham police investigators interviewed Ms. Constand beginning at approximately 1000pm on January 13 th, and learned the following from Ms. Constand 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 Women s 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 Cosby s 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 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 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. 10 Case ID

13 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. 43. 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. 44. On January 19, 2005 at 1515, 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. Ms. Constand reported to that she has attempted to contact attorneys in Philadelphia for guidance. Ms. Constand reported that the incident may have been March 16, 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 Cosby s 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 I m in the hot seat here, I did not mean to harm you, and apologized. Ms. Constand reported that she had been to Cosby s estate four times, and that the last time she was there we were alone. Ms. Constand s mother reported that they had met Cosby when he was in Toronto. The Cheltenham Township Police Report is attached as Exhibit B. 45. 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. Constand s statement is attached hereto as Exhibit C. 46. 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? 11 Case ID

14 A I first met Bill Cosby at a Women s 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 women s 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? A I provided him with my cell phone number. 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? 12 Case ID

15 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 Cosby s 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? 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 815 to 830 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 1 This sentence I said the cognac was fantastic was crossed out by Constand after reviewing and initialing the statement. 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 13 Case ID

16 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 Q On the night of the alleged incident, how did you make your plans with Cosby? 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 845 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 815 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? 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. 14 Case ID

17 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 didn t 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 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. I m 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 "I m 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 5 Constand, as part of her review and signing, added He urged me to take them. 6 Constand, as part of her review and signing, struck this sentence. 7 Constand, as part of her review and signing, struck this sentence. 15 Case ID

18 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. 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? 8 Constand, as part of her review and signature, struck the second half of the sentence, and replaced it with a small pillow but he did not put it there. 16 Case ID

19 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 don t 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 I m 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. 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 didn t 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 don t 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 what s 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. 9 Constand, as part of her review and signature, added [B]ut, right after dinner, he talked with his guests and I did not get to speak to him about what I wanted to. 17 Case ID

20 Q. When did you first tell someone about this incident? A. The first person I told was my mother and that was Jan 13, Q What caused you to wait almost one year to tell someone about this incident? A My position at Temple with the Women s 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. Q What did she advise you to do after you next spoke with her? 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. She s from the Philadelphia area. Q. Do you receive any additional calls from Cosby? A. Yes, there were four calls on Monday, the 17 th. 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 19 th 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 18 Case ID

21 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. 47. On February 9, 2005, at Castor s 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. 48. 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? 49. 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 don t 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. Cosby s 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? 19 Case ID

22 A I don t recall if he told me to tell me he was coming to Canada or I called him at my family s 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 don t understand, I don t 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. 50. In addition to other evidence, including the above interviews and Ms. Constand statement, the Montgomery County District Attorney s office reviewed Ms. Constand s cell phone records. 51. Castor, as the Montgomery County District Attorney, thoroughly reviewed all of the evidence generated from the multiple interviews. 52. This evidence revealed the following inconsistencies. See also Chart of Ms. Constand s Inconsistent Statements to Authorities attached hereto as Exhibit E. 13 JANUARY 2005 DURHAM POLICE INTERVIEW Alleged assault occurred in mid- January 2004 First met Cosby 6 months before the alleged assault 19 JANUARY 2005 CHELTENHAM POLICE INTERVIEW Alleged assault was March 16, 2004; Constand confirmed the date while speaking with another attendee of the dinner First met Cosby in the winter of 2001 at a Women s 22 JANUARY 2005 CONSTAND STATEMENT Alleged assault occurred between mid-january and mid-february FEBRUARY 2005 MONTCO DETECTIVES INTERVIEW PHONE RECORDS 10 Constand, in her review and signing of this February 9, 2005 statement, struck the word No at the beginning of the sentence and replaced it with I believe so. 20 Case ID