Monday, July 5, 2021

The Case Against Bill Cosby Part II

 

Vacated conviction



On June 30, 2021, the Pennsylvania Supreme Court overturned Cosby's convictions. The decision stated that, prior to testifying in the Constand case, Cosby had been reliant on an unwritten promise that district attorney Bruce Castor had made to not prosecute him. Specifically the ruling concluded that Castor's decision to announce publicly that no prosecution would take place, "was made deliberately to induce the deprivation of a fundamental right"—namely the right not to self-incriminate—thus facilitating a civil lawsuit with compelled testimony, which was believed the victim's only realistic route to justice. As with other prosecutor statements such as plea bargains, this statement was not subject to withdrawal once relied upon, even though it had not been framed as a formal declaration or offer. The court also ruled that the conviction was based on "tainted" testimony, and barred a retrial of the case.



According to the ruling, written by Justice David Wecht, Cosby's 5th Amendment and 14th Amendment rights were violated when he was tried a decade after then-DA Castor issued a press release, carried by multiple major media organizations including CNN and MSNBC, unconditionally stating Cosby would not be prosecuted, with the specific intention to allow a civil court to compel testimony from Cosby and deprive him of the Constitutional right to remain silent so as not to incriminate himself. Cosby was subsequently required to testify during a civil trial that he gave Quaaludes to women before engaging in sexual intercourse, doing so, the majority held, under the belief that he would not be prosecuted over his testimony. There was no documentary evidence that any agreement not to prosecute had been reached, but the majority held that Castor's statement was binding on any district attorney who succeeded him and that Cosby should never have been tried, so it ordered him released immediately. Cosby was promptly released that day.



The decision was not unanimous. Justice Kevin Dougherty, joined by Chief Justice Max Baer, agreed with the four-justice majority that Castor's agreement with Cosby negated the conviction but felt that since the district attorney did not have the statutory or constitutional power to make a non-prosecution agreement binding on his successors, the remedy should have been limited to the suppression of Cosby's deposition in any retrial. Justice Thomas Saylor, dissenting in full, read Castor's press release as simply a statement of what he did have the authority to do: decline prosecution at that time, with the clear implication that he reserved the right to open a prosecution in the future should circumstances change. Saylor did not find Castor's account of his decision-making credible and thus properly rejected by the trial court; he also accepted the trial court's finding that Cosby's decision to testify was not due to the unwritten agreement. He found the testimony of the non-victim witnesses to be more problematic, and would have recommended a new trial with Cosby allowed to challenge that testimony as unduly prejudicial.



District Attorney Kevin Steele said Cosby was released "on a procedural issue that is irrelevant to the facts of the crime" and that he hoped that Cosby's release would not discourage crime victims from reporting sexual assaults because "no one is above the law — including those who are rich, famous and powerful." On the other hand, several criminal defense attorneys argued that the fundamental Constitutional right to due process is more than a technicality.



Civil lawsuits against Cosby



As of November 13, 2015, there were nine lawsuits pending against Cosby. Huth and Goins were both suing the actor for damages related to their alleged sexual assaults. Although the statute of limitations has run out for most other accusers to sue directly for their alleged assault, multiple accusers have filed defamation lawsuits claiming that Cosby had kept calling them liars throughout 2014. Dickinson, Hill, Ruehli, and McKee have filed individual lawsuits. Green, Serignese, Traitz, Bowman, Tarshis, Moritz, and Leslie are also involved in a combined lawsuit against Cosby. Most lawsuits that are active are currently on hold awaiting the outcome of his criminal trial. Some are still allowed to file motions and depose witnesses, with the exception of Cosby himself. However, most judges have indicated that a civil trial will not take place until after the criminal trial is held.



In 2005, Constand sued Cosby. The parties settled the case on confidential terms in 2006. In July 2015, after portions of the sealed deposition were released, Cosby released a statement saying the "only reason" why he settled "was because it would have been embarrassing in those days to put all those women on the stand, and his family had no clue." During summer 2015, both Cosby's legal team and Constand's lawyer Troiani filed motions accusing the other party of having broken the confidentiality agreement that was part of the 2006 settlement. The primary issue alleged by Cosby was that a court reporter released the full transcript of his deposition, blaming Troiani for this act and seeking sanctions against Troiani. A federal judge had unsealed portions of the evidence from the 2005 lawsuit, but that did not include Cosby's statements made under oath.



The significance of the availability of the deposition is that it contains admissions made by Cosby about his tactics in dealing with other women, including the use of "powerful sedatives [including Quaaludes] in a calculated pursuit of young women", according to a New York Times summary. The transcript of the full testimony was obtained by the Times from a court reporting service, where it was publicly available. The significance of the availability of Cosby's deposition from the Constand case is that plaintiffs in other cases against Cosby, such as the Green, et al. defamation suit, might be allowed by judges to use the transcript's contents as evidence now that its contents are widely known in the public.



Thirty-three of the accusers were represented by Allred. One accuser, Dickinson, was represented by Allred's daughter, Lisa Bloom. On December 11, 2015, Allred stated in an interview with Philadelphia magazine that more alleged victims would be coming forward. She said, "More women have contacted me who have not yet spoken out publicly, some of whom may do so in the future and some of whom have chosen not to do so. They wanted me to know the information that they had so it would be of assistance to us and our victim. There are definitely more women who wish to speak out in the future who allege that they are victims of Mr. Cosby."



Andrea Constand



Constand filed a civil claim in March 2005, with thirteen women as potential witnesses if the case went to court. Cosby settled out of court for an undisclosed amount in November 2006. In a July 2005 Philadelphia Daily News interview, Beth Ferrier, one of the anonymous "Jane Doe" witnesses in the Constand case, alleged that in 1984 Cosby drugged her coffee and she awoke with her clothes partially removed. After learning that charges were not pursued in the case, Green, the only publicly named woman in the prior case, came forward with allegations in February 2005 that Cosby had drugged and assaulted her in the 1970s. Cosby's lawyer said he did not know her and the events did not happen. It was revealed in 2018, in motions filed in Cosby's second criminal trial, that Cosby had settled with Constand for $3.5 million.



Tamara Green, et al.



Green filed a lawsuit against Cosby and his representatives in December 2014, claiming that the continued denials amounted to publicly branding her as a liar, resulting in defamation of character. Green's lawsuit was filed in Cosby's home state of Massachusetts. In January 2015, the lawsuit was amended to allow fellow accusers Traitz and Serignese to be added as co-plaintiffs. Singer had released a statement specifically targeting Traitz after she posted allegations against Cosby on Facebook in November, calling her story "ridiculous", "absurd", and "utter nonsense". No such denials were leveled explicitly at Serignese, but she claims the sweeping denials against all Cosby's accusers included her and have damaged her reputation as well.



On October 20, 2015, American International Group (AIG) filed legal papers to try to put a stay on the litigation, pending a court declaration of whether the insurance company had a duty to defend Cosby as well as pay for any actual damages won. AIG Property Casualty Company claimed that Cosby's policy did not cover the liability he is currently facing in the lawsuit—but that they have nonetheless been funding Cosby's legal defense "at a considerable cost".



On November 13, 2015, it was reported that four more women—Bowman, Tarshis, Moritz, and Leslie—had joined the lawsuit as additional plaintiffs. Bowman, Tarshis, and Leslie are co-represented by Chicago attorney Michael Bressler. Lawyers for Cosby declined to comment. On December 14, Cosby filed a countersuit for defamation against all the plaintiffs, claiming that they had "malicious, opportunistic and false and defamatory accusations of sexual misconduct against him". He also claims each defendant "knowingly published false statements and accusations". Cosby asked the court to award him unspecified damages and to require that public retractions be made by the women.



On February 19, 2016, Cosby's wife Camille was deposed by plaintiffs after unsuccessfully attempting to stop the deposition. U.S. Magistrate Judge Mark G. Mastroianni ruled that she could refuse to answer questions about private conversations with her husband. A transcript of the "extremely contentious" deposition was released in May 2016; Camille relied heavily on the marital privilege in refusing to respond to many questions. The deposition was interrupted twice as the parties called U.S. District Judge David H. Hennessy to resolve disputes. After the deposition was halted, the court ordered Camille to sit for a second deposition.



Lawyers representing the alleged victims planned on deposing Quincy Jones, who, as a friend and collaborator of Cosby for more than fifty years, may have had information vital to the plaintiffs' case. In addition to Jones, plaintiffs intend to depose or subpoena documents from William Morris Endeavor, Cosby's former attorneys Singer and Schmitt, and his publicist David Brokaw.



On March 21, 2016, Judge Anita Brody granted some access to the case file of Constand's lawyer, even though she settled in a confidential agreement with Cosby in 2006. However, Brody did limit the release of the case file to materials pertaining to the seven women plaintiffs and other witnesses. On September 28, Cammaratta filed a motion stating that Cosby violated rules of civil procedure. The motion asked for the judge to rule that Cosby was personally responsible for the defamation said by his spokespeople and the publication of such materials; and that he should also be liable for causing the plaintiffs' emotional distress from these comments.



Janice Dickinson



Dickinson brought forth a similar defamation lawsuit against Cosby in May 2015, filed in California. According to Bloom, "Calling Dickinson a liar is a defamatory statement under the law ... and that's the mistake Bill Cosby made." Later court filings included sworn statements from friends and colleagues who confirmed that Dickinson provided a consistent story for many years about her alleged abuse. Pablo Fenjves, Dickinson's ghostwriter, as well as former ReganBooks president Judith Regan, both asserted that Dickinson came forward with her allegations for her 2002 autobiography, but they were not included in the book because ReganBooks' parent company HarperCollins was afraid of being sued by Cosby.



On November 2, 2015, Los Angeles Superior Court Judge Debre Katz Weintraub ruled Cosby and Singer must give depositions despite their efforts to have the case thrown out (Singer was not named as a defendant in the case). The ruling stated Dickinson's lawyers could seek answers only as to whether the denials were made maliciously, and Cosby and Singer could assert attorney–client privilege and refuse to answer some questions. Singer was scheduled to be deposed November 19 in Los Angeles, with Cosby's deposition occurring on November 23 in Boston. On November 12, a California appeals court temporarily halted an order requiring them to testify. Both parties are required to provide information by the end of the month to state their cases as to why or why not the deposition should proceed. "We are confident that once the Court of Appeals hears full argument on the issues it will allow the deposition of Mr. Cosby and his attorney to go forward," Bloom wrote in an email. Singer announced that he was planning on "pursuing claims against Janice Dickinson and Lisa Bloom after I prevail in this action."



Dickinson later amended her complaint to name Singer as a co-defendant, alleging that after she made her allegations on CNN, he prepared four press releases denying that Cosby drugged and raped her, and calling the woman's allegations "fabricated" and "an outrageous defamatory lie". Singer was later replaced as Cosby's counsel by Christopher Tayback of Quinn Emanuel. In February 2016, Judge Weintraub granted a motion by the defense to dismiss Singer as a defendant in the lawsuit. On March 29, Weintraub denied Cosby's motion to dismiss the case, allowing the case to proceed to a jury trial. Shortly after the ruling, Dickinson said, "I want Bill Cosby in court, I want him to stand under oath."



On November 21, 2017, in a major blow to both Cosby and Singer, a California appeals court reversed two other courts' decisions to remove Singer as a co-defendant and added him back. In their ruling they stated that Singer and Cosby's anti-SLAPP motion was meritless. In March 2018, after a last-ditch effort to get the case against Cosby and Singer dismissed, the California Supreme Court declined to intervene and hear arguments on the case.



Judith Huth



In December 2014, Huth filed a lawsuit alleging sexual assault in 1974 at the Playboy Mansion when she was 15 years old. It was one of two active lawsuits against Cosby directly alleging sexual assault. Even though the incident occurred more than forty years previously, California laws allow alleged child sexual abuse victims to bring their cases forward as an adult. Cosby counter-sued both Huth and her attorney Marc Strecker for legal fees. Cosby's attorney contended Huth and her attorney engaged in an extortion attempt before filing a suit. Singer's claim was made in a notice of demurrer. He also sought sanctions against Huth and Strecker.



On August 4, 2015, a Los Angeles Superior Court judge ordered Cosby to give a sworn deposition in the lawsuit. Another judge refused to dismiss Huth's suit against Cosby and required him to provide a deposition, which was held on October 9 in Boston and lasted 7.5 hours; no further details have been made public. The deposition was sealed until at least December 22, 2015. Allred announced that she would be seeking to depose Cosby again.



Huth was scheduled to give her deposition for Cosby's attorneys on January 29, 2016. However, on March 30, Los Angeles Superior Court Judge Craig D. Karlan granted a temporary delay of Cosby's second deposition and any further depositions of Huth. Judge Karlan did, however, rule that both sides could continue depositions of other people. Allred said she and partner John West planned to take depositions from other women who claim they were abused by Cosby when they were underage, and others. Allred was scheduled to give a deposition of Hill, who claimed Cosby sexually assaulted her when she was 16 years old, on April 8. Allred also announced that she would be deposing Hugh Hefner sometime in April.



On April 14, 2016, Cosby's lawyers filed a motion to dismiss Huth's lawsuit claiming that she changed her timeline regarding her "delayed discovery" of psychological injury or illness related to the alleged abuse. On April 26, Judge Kaplan refused to dismiss the majority of Huth's lawsuit; however, he did dismiss a "negligent infliction of emotional distress" claim. "The court is not, at this time, willing to dismiss plaintiff's potentially meritorious claims against defendant based upon mistakes attributable to her former counsel," Karlan wrote. Allred said "We are very happy that the Court agreed and we will continue to vigorously fight for a just result for our client." Cosby's spokesperson, Monique Pressley, did not immediately comment on the decision.



On September 20, it was revealed that one of the thirteen prosecution witnesses in the criminal trial was alleged Cosby victim Margie Shapiro. Allred filed a motion in the Huth civil case to have the deposition of Shapiro postponed until after the criminal trial. Allred stated she believed the defense would try to use the deposition against Shapiro to find discrepancies in the upcoming trial. Cosby attorney Angela Agrusa opposed this motion. On June 27, 2017, Judge Kaplan set a trial start date for July 30, 2018.



Chloe Goins



On October 6, 2015, Goins filed a lawsuit against Cosby. In her complaint, she stated that Cosby had assaulted her, causing her to suffer "emotional distress", "psychiatric trauma", and impairment of her education. Goins's lawyer, Spencer Kuvin, said his client's number-one priority was that the truth come out and Cosby be criminally prosecuted. Singer stated he would provide documentary evidence to the LAPD that established Cosby was in New York on August 9, 2008, the date of the alleged incident. Although the prosecutor's office had considered filing criminal charges, the charges were dropped because the statute of limitations had expired and a lack of sufficient evidence.



In February 2016, Goins dismissed her lawsuit without prejudice. In May 2016, she refiled the suit, adding Hefner as a co-defendant. The judge denied Cosby's request to dismiss and set the trial to start sometime in June 2018.



Renita Hill



Hill claims that Cosby gave her a bit part on television, funded her college education and pledged to assist her career, all while sporadically sexually abusing her from 1983 to 1987. In October 2015, she filed a defamation suit against Cosby, Singer and Camille Cosby, alleging defamation, false light, and intentional infliction of emotional distress. Cosby's attorneys removed the case from state to federal court and moved the court to dismiss the suit in late December 2015, arguing that Cosby's denials were opinions protected under the First Amendment. Hill's attorneys responded that Cosby's denials were published facts and hence are defamatory and not covered by First Amendment protections.



The U.S. District Court dismissed the suit "with prejudice" in January 2016, meaning the suit cannot be re-filed. Judge Arthur Schwab decided that statements made by Cosby and his attorneys were opinions protected by the First Amendment. In April 2016, Hill filed an appeal with the U.S. Court of Appeals for the Third Circuit.



Kristina Ruehli



On November 9, 2015, Ruehli filed a defamation lawsuit against Cosby for denying her claims of rape. Ruehli's allegations against Cosby date back the furthest, with claims that he assaulted her in 1965. She claimed Cosby's vehement denials leveled against the numerous accusers in 2014 were grounds for defamation. Her complaint states, in part, "It is one thing for an accused sexual assailant to remain silent and allow the legal process, or public opinion, to run its course, but it is quite another for him to unleash his agents to deny that he attacked the plaintiff and other women, to invite others to republish his statements, and to brand them as unreliable liars." In an account from The New York Times, Ruehli has dropped her lawsuit without prejudice as of June 24, 2016.



Katherine McKee



On December 22, 2015, McKee, a former girlfriend of the late entertainer Sammy Davis Jr., sued Cosby for defamation over claims he and his attorney made about her allegation of being raped by Cosby in a Detroit hotel room in the early 1970s. Judge Mastroianni dismissed the lawsuit on February 16, 2017, on the basis of the landmark Supreme Court case New York Times Co. v. Sullivan in 1964, which required a higher standard to show the intent of malice towards a public figure to qualify as defamatory, and that given that her lawsuit, McKee was a limited public figure. McKee appealed, but a federal appeals court refused to reverse Mastroianni's decision to dismiss the lawsuit on December 18, 2017. On October 8, 2017, McKee's appeal was again dismissed; Judge Sandra Lynch cited, "McKee took concerted steps meant to influence the public's perception of whether Cosby was, in fact, a sexual predator," thus rendering herself a public figure. In January 2018, The U.S. Court of Appeals for the First Circuit refused to rehear her case in a full court hearing. On petition to the Supreme Court, the Court declined to hear the case in February 2019, re-asserting that the New York Times Co. decision was properly applied at all levels.



Related litigation



Suit against Cosby attorney



On November 16, 2015, it was reported that accusers Green and Bowman filed a joint lawsuit against John Schmitt, one of Bill Cosby's lawyers. In November 2014, Schmitt released a statement reading, "Over the last several weeks, decade-old, discredited allegations against Mr. Cosby have resurfaced. The fact they are being repeated does not make them true. Mr. Cosby does not intend to dignify these allegations with any comment." This statement was also posted to the front page of Cosby's official website. Green and Bowman contend that this widely circulated statement amounted to branding them as liars, resulting in emotional distress and other damages.



Insurance coverage dispute



AIG Property Casualty Company, Cosby's homeowner's insurance, has tentatively agreed to pick up Cosby's legal costs for the Green, et al. case in Massachusetts, as well as for Dickinson's case in California, over whether these women were defamed when Cosby's representatives denied the occurrence of sexual misconduct. But the insurer has also filed lawsuits related to both cases, aiming for declaratory relief that it is not responsible.



Cosby's homeowners insurance does cover him for "personal injury", which is defined in his policy as including "bodily injury"; "shock, emotional distress, mental injury"; "invasion of privacy"; and "defamation, libel, or slander". However, the policy contains an exclusion for "sexual, physical or mental abuse", setting the stage for a potentially novel legal battle over whether a defamation claim about the denial of sexual abuse is covered.



In September 2015, Cosby filed a motion to either dismiss AIG's lawsuit or put it on hold. Cosby's attorneys argued that AIG was acting against Cosby's best interests and that fighting both the lawsuits from the accusers as well as from his insurance company would drain his resources.



On October 9, 2015, AIG filed a response, calling Cosby's motion "bizarre and possibly unique in the entire history of American jurisprudence", criticizing Cosby's lawyers for referencing irrelevant case law from other states, and saying that if the court sided with Cosby, it "would amount to a wholesale abandonment of this Court's jurisdiction, all for no apparent reason."



On November 13, 2015, California Federal Judge Beverly O'Connell granted Cosby's motion to dismiss in the Dickinson case and concluded that AIG had a duty to defend. In her opinion, O'Connell looked at the "arising out of" exclusion noted above and declares the meaning is ambiguous. "The Court finds that both Plaintiff's broad interpretation and Defendant's narrow interpretation of 'arising out of' are reasonable ... The sexual misconduct exclusion could reasonably be read to require that Dickinson's claims merely relate to sexual misconduct, or that Dickinson's claims be proximately caused by the sexual misconduct", she wrote.



Since ambiguous terms are interpreted in favor of finding coverage, Cosby prevailed. O'Connell gave a second independent reason for finding in Cosby's favor. She looked at the Dickinson complaint and concluded that there are allegations independent of sexual misconduct. "For example, allegations that Defendant 'intentionally drugged' Dickinson 'even though he knew that she had been in a rehab center for addiction a few months before' could reasonably be interpreted as independent of sexual misconduct, and therefore, within the Policies' coverage ... Similarly, the Dickinson Complaint alleges that Defendant's statements contain numerous implications about Dickinson, including the implication that 'Dickinson has copied the claims made publicly by other women against Defendant' and 'the implication that Ms. Dickinson's rape disclosure is a lie and that therefore she is a liar'", she wrote. As courts impose coverage in a "mixed" action, Cosby prevailed here as well but this ruling does not apply to the Massachusetts case, where AIG and Cosby are still fighting to determine who is liable. AIG plans to appeal this ruling.



Judge, Mark G. Mastroianni, denied Cosby's bid to dismiss or pause the AIG suit on December 14, 2015. This judge, also responsible for the Green et al. defamation suit, denied AIG's motion to pause that case.



Gloria Allred vs. Cobb-Marietta Coliseum, et al.



On November 18, 2015, Allred announced she was suing Cobb County, Georgia; Cobb-Marietta Coliseum; and Michael Taormina for violating her First Amendment rights when she was denied entry to Cosby's stand-up comedy performance on May 2, 2015, at the Cobb Energy Performing Arts Center in Atlanta. Allred participated in a protest outside of the venue, but had also purchased a ticket to the show. Nevertheless, local police officers told her she would be arrested for trespassing if she entered the theater. Allred said Cosby's team coordinated with security and police to deny entry to individuals they had placed on a list of "agitators". Cobb-Marietta Coliseum is the name of the company that organized the show, and Taormina is its managing director. The police officers are employed by Cobb County.



"Performers should not be able to commandeer a police force (as Bill Cosby's representatives appeared to do) in order to exclude individuals from the performance because they have a different viewpoint than the performer has", Allred said. She sought a court order to prohibit what she calls the venue's "censorship policy on admissions".



On September 8, 2016, Allred reached a settlement with the defense. They agreed to pay Allred $40,000, along with a promise not to block any future customers from attending any public event held at the Coliseum.



Andrea Constand vs. Bruce Castor



On October 26, 2015, Andrea Constand filed a federal lawsuit against former Montgomery County District Attorney Bruce Castor for defamation. Constand is being represented by her original 2006 Constand vs Cosby attorney Dolores Troiani.



Cosby's lead criminal lawyer in Pennsylvania is fighting a subpoena related to his $2,500 donation to the ex-prosecutor who says he had promised Cosby he would never be charged. Lawyer Brian McMonagle co-hosted a political fundraiser for former District Attorney Bruce Castor early last year but said it took place months before he joined Cosby's defense team in September. Constand's lawyer now wants McMonagle to detail any ties between his office and Castor, including phone records and documents. She wants Cosby to do the same. At a pretrial hearing on April 15, 2016, a judge ruled that Constand is entitled to any documents shared between Castor and Cosby's attorneys.



Bill Cosby vs. Beverly Johnson



On December 21, 2015, Cosby sued supermodel Beverly Johnson for defamation, claiming that she told a false story in a Vanity Fair article. This was the first time Cosby had sued a woman who has claimed assault without being sued himself first. Cosby's lawsuit accuses Johnson of lying about the incident in which she says Cosby spiked a cup of cappuccino with an unknown drug. Realizing what was happening, Johnson said she screamed and cursed at him several times before Cosby dragged her out and hailed a cab for her. (No sexual contact by Cosby was alleged in Johnson's version of the event.) Allegedly, she also repeated the story in subsequent interviews and in her memoirs, released on August 25, 2015.



Cosby's lawsuit seeks unspecified damages and an injunction preventing the model from repeating her claims and requests they be removed from Johnson's memoir, which was released in August.



On February 19, 2016, Cosby filed a motion to dismiss his lawsuit against Johnson. His attorney Monique Pressley wrote in an email that Cosby made the move to focus on his defense in a criminal case in Pennsylvania. Pressley wrote that Cosby plans to re-file the case against Johnson before the statute of limitations expires.



On February 1, 2016, Cosby filed a breach-of-contract lawsuit against Andrea Constand, her mother Gianna Constand, her current lawyer Dolores Troiani, her former lawyer Bebe Kivitz and the publisher of the National Enquirer. Cosby filed the lawsuit a day before the February 2 criminal court hearing that included testimony from Troiani. The lawsuit seeks full repayment plus interest on "the substantial financial benefit". The filing states "Despite being expressly prohibited from disclosing such information to anyone, Andrea Constand volunteered to participate and disclosed such information to the district attorney and others." Troiani has maintained that the settlement agreement barred Constand only from initiating criminal proceedings against Cosby and not from cooperating if authorities came to her first. Prosecutors introduced a copy of the agreement, redacted to hide all but a single sentence, at Cosby's pretrial hearing this month. That line read: "Constand agrees that she will not initiate any criminal complaint against Cosby arising from the underlying facts of this case." The lawsuit currently remains under seal and Cosby's lawyers have declined to comment on the nature of the allegations in it.



On July 28, 2016, Cosby filed a motion to dismiss his entire lawsuit against all the defendants.



Bruce Castor vs. Andrea Constand



On October 20, 2017, Bruce Castor's attorney, James Beasley Jr., announced that he plans to file a lawsuit against Andrea Constand for damages suffered as a result of the election in which he lost to Kevin Steele who is now prosecuting Cosby for the same acts Castor would not prosecute him for. In his suit he claims that Constand conspired with Steele to help him win the election so Cosby could be prosecuted. Constand's attorney, Jeffrey McCarron, responded by saying "If his described basis is the reason for the lawsuit, then we do not expect it will last very long."



Reactions



Columnist Norm Clarke recalled an encounter with Cosby in the 1990s in Denver, where the comedian embraced a crowd of adoring fans but treated Clarke with contempt. Clarke wrote: "Last week, as allegations of sexual assault mounted against Cosby, I found myself wondering why a man so beloved, here and around the globe, who had won over everyone from school kids to media, kept a Denver newspaperman at bay. ... So what if he didn't want to talk to another journalist? But now I tend to think something else may have been involved. Self-preservation."



Clarke related the experience of Donna Tagliaferri, who described "a terrifying incident after meeting Cosby in the mid-1970s through tennis" when she was in her early 20s. After playing tennis with Cosby a number of times, he invited her on a dinner date and then invited her up to his hotel room. Tagliaferri had a girlfriend accompany them. After showing them around the penthouse, "things changed dramatically and quickly. He made it clear to me in a very aggressive way what his intentions were. He chillingly said to me, 'I will have you.' Those words are imprinted on my brain along with the evil I felt. My first thought was, 'No you will not.' Then shock took over, and when words wouldn't come a paralyzing feeling did." At this point her girlfriend started talking and got them out of the situation: "I have no way of knowing what would have happened if Wendy had not been there. What I do know is his words were an assault to me never to be forgotten. And the betrayal of a friendship was staggering."



Dana Kennedy, a journalist and correspondent, profiled Cosby for the Associated Press (AP) in 1992, noting that even though Cosby was at the height of his success and did not have any measurably negative publicity, he went on at length about "why he mistrusts the press", saying he likes to "control" his interviews. The AP piece reflected more on how uncomfortable the interview was than the substance of the interview itself. In 2014, Kennedy recalled that after the critical AP piece ran, Cosby sent her a cryptic package with a withered piece of fruit wrapped up in a paper towel. She noted that despite her interviews with some of the most notorious celebrities, it was Cosby—during the time of his highest popularity—who stood out as having a "scary" persona, recalling the mysterious package as something that "has always given" her "the creeps". It was her remembrance of "how intimidating and menacing" Cosby was during that experience that led her to believe the stories of the women who were accusing Cosby.



Actor Malcolm-Jamal Warner, who played Cosby's son Theo on The Cosby Show, stated, when asked about Cosby's state of mind since Cosby was charged with sexual assault on December 30, that he was reluctant to divulge details of their personal conversations. "He's doing alright. That part I really don't feel comfortable talking about because we've always had a close personal relationship," Warner said. "He's always been very, very good to me. Our personal conversations I tend to keep personal."



Defenses of Cosby



In 2014, Camille Cosby, who married Cosby in 1964 when she was 19, released a statement supporting her husband, describing him as a victim of unvetted accusations: "The man I met, and fell in love with, and whom I continue to love, is the man you all knew through his work. He is a kind man ... and a wonderful husband, father and friend."



In a January 2015 Time magazine article about why black women should stop defending Cosby, actress Phylicia Rashad is quoted defending him: "What you're seeing is the destruction of a legacy. And I think it's orchestrated. I don't know why or who's doing it, but it's the legacy. And it's a legacy that is so important to the culture."



In a July 2015 USA Today article about how the actors of The Cosby Show responded to the allegations, Keshia Knight Pulliam of the cast stated "All I can speak to is the man I know and I love the fact that he has been such an example [and] you can't take away from the great that he has done, the millions and millions of dollars he has given back to colleges and education, and just what he did with the Cosby Show and how groundbreaking that was. The Cosbys, we were the first family that no matter what race, religion, you saw yourself in", further addressing the charges against Cosby. "At the end of the day they are allegations ... I don't have that story to tell."



In September 2015, comedian Damon Wayans attacked the accusers, calling them "un-rape-able", and defended Cosby by stating "It's a money hustle."



In December 2015, actor and comedian Eddie Griffin suggested that Cosby was the victim of a conspiracy to destroy his image and that several other prominent African-American men had been victims of similar conspiracies.



Chicago Tribune columnist Clarence Page writes that the most popular conspiracy theory regarding the allegations involves Cosby being "[punished] by the powers-that-be for [his] attempts to buy NBC in the 1990s". Page wrote that the conspiracy does not explain why the conspirators waited so long to bring forth the accusations, with the scandal unfolding many years after Cosby abandoned the purchase. Dick Gregory was a supporter of this theory.



Defenders change their minds



Two notable people who previously defended Cosby and believed in his innocence, changed their minds. American actress and talk show host Whoopi Goldberg and Joseph C. Phillips (a Cosby Show regular for three years) each made public statements on July 15, 2015. Goldberg said "If this is to be tried in the court of public opinion, I got to say all of the information that's out there kind of points to guilt." In an interview, Goldberg had a message for Cosby: "It looks bad, Bill. Either speak up or shut up." Goldberg had received threats for staunchly standing by Cosby. Goldberg, in the form of a question, referred to Cosby as a "serial rapist" and questioned why he was still on the streets. Phillips was more direct in a separate comment from Goldberg, saying "Of course Bill Cosby is guilty!"



Obama reaction



In July 2015 PAVE: Promoting Awareness and Victim Empowerment, a nonprofit group focusing on sexual assault prevention, launched a WhiteHouse.gov petition, calling upon President Barack Obama to revoke Cosby's Presidential Medal of Freedom (which Cosby received from President George W. Bush in July 2002). Later the same month, in response to a question at a news conference, President Obama said:



There's no precedent for revoking a medal. We don't have that mechanism. And, as you know, I tend to make it a policy not to comment on the specifics of cases where there might still be, if not criminal, then civil, issues involved. [long pause] I'll say this, if you give a woman, or a man for that matter, without his or her knowledge, a drug, and then have sex with that person without consent, that's rape. And I think this country, any civilized country, should have no tolerance for rape.



Cosby's response



After Tamara Green, one of the witnesses in Andrea Constand's case, re-told her story to Newsweek in February 2014, Cosby's publicist David Brokaw issued a statement at the time calling Green's story a "10-year discredited accusation that proved to be nothing at the time, and is still nothing." When the sexual assault claims against Cosby exploded at the end of 2014, denials by Brokaw and other Cosby representatives became even more vehement, with lawyer Martin Singer calling all the allegations "unsubstantiated, fantastical stories ... [that] have escalated past the point of absurdity".



When Dickinson came forward in November 2014 to accuse Cosby of raping her in 1982, Singer issued a denial on behalf of Cosby, saying, "Janice Dickinson's story accusing Bill Cosby of rape is a lie."



Around the time of these interviews, Cosby's lawyers began sending sharply worded letters to publications that wrote about the sexual assault allegations, threatening them with legal action and using phrases like "proceed at your own peril" if they published certain stories. News outlets published the threatening letters from Cosby's attorneys.



In November 2014, one of Cosby's lawyers, John Schmitt, released a statement reading, "Over the last several weeks, decade-old, discredited allegations against Mr. Cosby have resurfaced. The fact they are being repeated does not make them true. Mr. Cosby does not intend to dignify these allegations with any comment." This statement was also posted to the front page of Cosby's official website.



Subsequent to his arraignment on three felony charges based on the Constand case, Cosby tweeted the following message on December 30, 2015, using his Twitter account: "Friends and fans, Thank You [sic]."



Interviews



Cosby was asked directly about Buress's comments and the resulting fallout in two November 2014 interviews, which were originally intended to be about a new art exhibit at the Smithsonian that featured his private collection of African American art. In an NPR interview on November 15, 2014, reporter Scott Simon said: "This question gives me no pleasure, Mr. Cosby, but there have been serious allegations raised about you in recent days." Cosby became silent, leading to an awkward radio exchange in which Simon verbally described Cosby's actions to listeners: "you're shaking your head no." Simon continued asking Cosby to comment on the allegations before finally wrapping up the interview with no further communication from Cosby. In a November 6, 2014, interview with Associated Press reporter Brett Zongker, Cosby appeared visibly rattled by unexpected Buress questions and told Zongker, "No, no, we don't answer that." In the following recorded minutes, Cosby repeatedly attempted to get Zongker to confirm that the AP would edit out the Buress questions, implying that Zongker's "integrity" and ability to be a "serious reporter" would be compromised if that portion of the interview was not "scuttled". When Zongker failed to guarantee this request, Cosby turned to his off-camera publicist David Brokaw and told him to get on the phone with Zongker's editors "immediately". When the interview was first released on November 10, the Buress questions had indeed been omitted. However, after the allegations continued to gain new traction, including a new accusation from Janice Dickinson, the AP decided to release footage of the full exchange on November 19.



In a November 21, 2014, Florida Today interview, Cosby stated: "I know people are tired of me not saying anything, but a guy doesn't have to answer to innuendos. People should fact check. People shouldn't have to go through that and shouldn't answer to innuendos."



Fallout



Numerous institutions, colleges, universities, businesses, and broadcast networks have severed ties with Cosby as a result of the allegations.



Cosby's honorary degrees have been the subject of controversy. It is estimated that the comedian received more than 60 honorary degrees between 1985 and 2014, many of which were conferred after Cosby admitted to funneling money to mistress Shawn Upshaw in the 1990s, was accused of sexually assaulting Lachele Covington in 2000, and faced a sexual abuse lawsuit in 2005 by Andrea Constand with 13 other alleged victims prepared to come forward. Nevertheless, Cosby continued to collect honorary degrees, up until Boston University granted the honor to him in May 2014. The University of Arizona was still in discussions as late as November 2014 to award a degree to Cosby in 2015.



However, as the Cosby controversy continued to unfold, there was an increasing movement to draw attention to sexual violence on college campuses, with growing criticism that the bureaucracy of higher education led to a culture where sexual crimes were not taken seriously. New York magazine referred to the movement in 2014 as a "revolution against campus sexual assault". It became so prevalent that Vice President Joe Biden released an op-ed in 2015 to combat the issue. It was against this backdrop that numerous colleges and universities began to sever their ties with Cosby, with an unprecedented number of them rescinding his honorary degrees.



When announcing their condemnation of Cosby, many universities used the opportunity to voice strong no-tolerance policies of sexual violence of any kind. Brown University said Cosby's alleged actions were "particularly troubling as our university community continues to confront the very real challenges of sexual violence on our campus and in society at large." In Baylor University's statement announcing Cosby's rescinded degree, it added, "Through the efforts of our Title IX Office, we are encouraging victims to report acts of interpersonal and sexual violence, and making sure those suffering from the effects of such acts are provided the necessary support and services to feel safe and be academically successful."



After more than 20 institutions rescinded Cosby's degrees, several others refused to do so, often citing their policy never to rescind anyone's degree for any reason. Most of these schools nevertheless included statements abhorring Cosby's conduct.



University of Pennsylvania received some of the greatest backlash when it announced it would not rescind Cosby's honorary degree because of university policy. It made no comment to the fact that Penn previously had rescinded two other honorary degrees. Philadelphia magazine published an op-ed titled "Penn, Are You Serious About Not Revoking Bill Cosby's Honorary Degree?" summarizing "On a campus where 27 percent of women report being sexually assaulted, the hesitation is unacceptable." University of Pennsylvania eventually rescinded Cosby's honorary degree in February 2018.



Institutions sever ties



In November 2014, colleges and universities with ties to Cosby began removing their affiliations with him. The University of Massachusetts Amherst, one of Cosby's alma maters, asked Cosby to step down as an honorary co-chairman of the university's fundraising campaign. The Berklee College of Music, which had previously awarded Cosby with an honorary degree, got rid of a scholarship that it offered in Cosby's name. High Point University in North Carolina also pulled Cosby from its advisory board, and Freed–Hardeman University rescinded its invitation for Cosby to appear at an annual dinner in December.



On December 4, 2014, the United States Navy took the rare step of revoking Cosby's honorary title of chief petty officer, which he had received in 2011. The Navy released a statement saying the "allegations against Mr. Cosby are very serious and are in conflict with the Navy's core values of honor, courage and commitment."



In December 2014, amid pressure to cut long-term ties with Temple University, Cosby resigned from the board of trustees.



On December 14, 2014, Spelman College indefinitely suspended its Camille Olivia Hanks Cosby Endowed Professorship, named after Cosby's wife. The college said it would restore the endowed professorship when its "original goals can again be met", but after Cosby's 2005 deposition became public in July 2015, Spelman discontinued the professorship entirely.



By the end of 2014, Creative Artists Agency dropped Cosby as a client, leaving him without a Hollywood agent.



On July 7, 2015, Walt Disney World removed a statue of Bill Cosby that had been featured as part of the Hollywood Studios park's "Academy of Television Arts and Sciences Hall of Fame Plaza".



In mid-July 2015, after enormous public pressure to remove art work owned by Cosby, the Smithsonian's National Museum of African Art decided to post a disclaimer reminding visitors that an exhibition featuring Cosby's art collection is about the artists, not a tribute to the embattled comedian. The critically panned show, which had been planned since 2012 and partly underwritten by $716,000 in tax-deductible donations to the museum by Bill and Camille Cosby (who sits on the NMAA's board), is titled "Conversations" and includes 62 works lent by the couple. It ran until January 24, 2016.



On July 20, 2015, it was announced that Cosby would no longer appear in the upcoming documentary Painted Down, about the history of African American stuntmen in film and television. Cosby is credited with helping to create the Black Stuntmen's Association in 1967. Producer Nonie Robinson claimed, "We were the last project standing behind him," but said that pulling him from the documentary was "the right thing to do in light of the recent court deposition being made public." At the same time, The Black Stuntmen's Association removed a tribute to Cosby on its website.



On July 23, 2015, Simon & Schuster confirmed to the Associated Press that it would not be releasing a paperback version of the Cosby-approved 2014 biography Cosby: His Life and Times, which gained criticism for not addressing the then-few public sexual assault allegations against Cosby. The publisher also pulled celebrity endorsements for the book after David Letterman and Jerry Seinfeld reportedly asked to distance themselves from the biography.



On July 23, 2015, according to the Philadelphia City Paper, a Father's Day mural depicting Cosby, Nelson Mandela, and Desmond Tutu, was scheduled for removal. It was painted over after being defaced with graffiti reading "rapist" and "dude with ludes", referencing the recently unsealed 2005 deposition in which the comedian admitted to obtaining Quaaludes to give to women with the intention of having sex with them. The Mural Arts Program was already intending to remove the mural, but rapidly accelerated the removal due to pressure.



On August 17, 2015, New York University's free 12-week film program for high school students cut all ties with Cosby. NYU had previously named the program "William H. Cosby Future Filmmakers Workshop". NYU has since removed Cosby's name from the Future Filmmakers program and deleted the web page containing program information. "The workshops will be continuing, but Cosby's name has been removed ... in light of recent events," NYU spokesperson Matt Nagel told NYU Local, in an August 28 email.



On September 2, 2015, a portrait of Cosby made from seeds sparked outrage from attendees at the Minnesota State Fair held at the Agriculture Horticulture Building in Minnesota. Artist Nick Rindo made the crop portrait of Cosby from a type of seeds called rapeseed. He accompanied the Cosby portrait with a small card, explaining that it was made from rapeseed, but one of the staff taped over the word rapeseed. Due to the outrage, it was taken down after a day of display.



On September 11, 2015, Central State University, a historically black college to which Cosby has donated over $2 million, officially permanently removed Cosby's name from the Camille O. & William H. Cosby Communications Center and renamed it the CSU Communications Center. The school had been temporarily covering Cosby's name since July while it made a final decision.



On October 7, 2015, Temple University announced that it would be further distancing itself from Cosby by replacing the vacated seat he resigned from in December 2014 with Temple alumnus and NBC correspondent Tamron Hall. The board was expected to vote on this on October 13, 2015. Hall was expected to take her seat on the board in December.



On November 19, 2015, Central High School's alumni board voted to remove Cosby from its Hall of Fame. Board president Jeffrey Muldawer said the decision was made to "eliminate an issue" that was distracting from its mission. He says some board members did not feel comfortable holding Cosby up as a role model for children. Muldawer says Cosby's removal does not reflect an opinion about the allegations. Cosby attended Central only for part of his freshman year. He was inducted in 1998.



On January 20, 2016, Hampton University, a historically black college, announced the removal of Cosby from its board of trustees due to allegations of multiple sexual assaults: "For decades, Bill Cosby supported Hampton University as an institution of higher education, including serving on its board of trustees. He no longer serves on the board."



On March 31, 2016, the National Museum of African American History and Culture, announced that they would be addressing Cosby's sexual assault allegations in its exhibit. Initially the museum said it would not, but after enormous public pressure it changed its decision. The museum, which opened September 24, included the cover of a comedy album by the Philadelphia-native Cosby and a comic book from his pioneering TV drama I Spy as part of its exhibit on black entertainers and artists.



In January 2017, Ben's Chili Bowl painted over a large mural of Bill Cosby, Barack Obama and other celebrities. The restaurant's owners stated the makeover had nothing to do with the allegations against the comedian.



Cosby and Roman Polanski were expelled from the Academy of Motion Picture Arts and Sciences "in accordance with the organization's Standards of Conduct" on May 1, 2018.



Rescinding of honorary degrees



Many academic institutions have rescinded honorary degrees they awarded to Cosby. Most of them cited Cosby's 2005 deposition. Several of these institutions had never rescinded an honorary degree before, or only once before.



Fordham University rescinded Cosby's honorary degree, making it the university's first in history. Fordham said "The University has taken this extraordinary step in light of Mr. Cosby's now-public court depositions that confirm many of the allegations made against him by numerous women" and that "Mr. Cosby was willing to drug and rape women for his sexual gratification, and further damage those same women's reputations and careers to obscure his guilt, hurt not only his victims, but all women, and is beyond the pale." The next day Cosby's attorney John P. Schmitt sent a letter to Fordham University calling its statement "so irresponsible as to shock the conscience", and saying "The mischaracterization of Mr. Cosby's testimony is so egregious that one can only conclude that it was written by one either unfamiliar with the testimony or determined deliberately to misrepresent Mr. Cosby's words." Schmitt criticized the university for an apparent effort to lend "gratuituous support" to defamation suits pending against Cosby, citing what he called the school's unfounded claim that the entertainer has a "longtime strategy of denigrating the reputations of women who accused him of such actions".



Also rescinding degrees were Marquette University, the University of San Francisco, Brown University, Baylor University, Lehigh University, Goucher College, Tufts University, Franklin & Marshall College, Amherst College, Springfield College, Muhlenberg College, Drexel University, Bryant University, The University of Pittsburgh, Drew University, California State University, City University of New York, Swarthmore College, Boston University, Occidental College, Oberlin College, Haverford College, University of Pennsylvania, Wilkes University, and Yale University.



A number of universities and educational institutions emphasized that they conferred honorary degrees on Cosby based on information known at the time of the award, and while some said they deplored recent revelations about Cosby's conduct, they lacked a policy or mechanism for revoking the honor. Other colleges refused comment, or said decisions were still pending. As of November 2015, Cosby maintained valid honorary degrees from Berklee College of Music; Boston College; Carnegie Mellon University; Colby College; Colgate University; Cooper Union; Delaware State University; Fashion Institute of Technology; George Washington University; Hampton University; Howard University; Johns Hopkins University; New York University; North Carolina A&T State University; Ohio State University; Old Dominion University; Paine College; Pepperdine University; Rensselaer Polytechnic Institute; Rust College; Sisseton Wahpeton College; Talladega College; Temple University; College of William & Mary; University of Cincinnati; University of Connecticut; University of Maryland, College Park; University of Notre Dame; University of North Carolina at Chapel Hill; University of South Carolina; University of Southern California; Virginia Commonwealth University; Wesleyan University; and West Chester University.



Broadcast networks cancel shows



On November 18, 2014, Netflix postponed a Cosby stand-up comedy special after accusations surfaced that Cosby had sexually assaulted Janice Dickinson in 1982.



Reruns of The Cosby Show and other shows associated with Cosby have also been canceled. On November 19, 2014, TV Land and NBC both ended their relationships with Cosby: TV Land announced that it was pulling reruns from its schedule and removing clips of the show from its website, while NBC scrapped its plans to develop a brand new sitcom starring Cosby. In December 2014, the Magic Johnson-owned Aspire removed the two series I Spy and The Bill Cosby Show from its lineup. In July 2015, broadcast network Bounce TV pulled reruns, and BET's Centric (another Viacom unit) ceased airing reruns. The show still is available on Hulu Plus. Although the series returned to Bounce TV in December 2016, the series was pulled from the network again in April 2018 following Cosby's guilty verdict.



Legislative changes



Ontario sex assault plan



In March 2015, Ontario Premier Kathleen Wynne announced a new plan titled "It's Never Okay", which includes an unprecedented $41 million budget to combat sexual violence and harassment: "The new plan was drafted in response to high-profile incidents that remain under investigation, including sexual-assault allegations against members of the University of Ottawa men's hockey team, Jian Ghomeshi, and Bill Cosby."



Nevada sex assault law



On May 26, 2015, Nevada Governor Brian Sandoval signed a bill that extends the statute of limitations for criminal prosecution of rape from four years to 20 years. Lise Lotte Lublin, who accused Cosby of drugging her in 1989 in a Las Vegas, Nevada hotel, testified in support of the new law and asked Nevada Assembly Member Irene Bustamante Adams to introduce bill AB212.



Colorado sex assault bill



On September 15, 2015, Cosby accusers Beth Ferrier, Heidi Thomas, and Helen Hayes met with State Representative Rhonda Fields, 18th Judicial District Attorney George Brauchler, and others at the Capitol in Denver, Colorado. There they discussed lengthening the current ten-year statute of limitations in Colorado for sexual assault. Gloria Allred, who represents most of the nearly 60 alleged victims, spoke to the gathering via Skype: "I have been to New Jersey, and I'm not aware of any down side since they eliminated the statute (of limitations) for rape and sex assault." Brauchler said he does not want any victim denied a fair hearing because of Colorado's statute, but "I don't have a magic number." Any change would have to be done carefully, he said, because the more time that passes between an alleged sex assault and prosecution, the harder it is for the accused to defend themselves. Fields called the cap for sexual assault arbitrary in view of the fact that most states including Colorado do not have a statutory limit on murder.



On February 11, 2016, The House Judiciary Committee voted 11–0 to send the bill extending the statute of limitations from 10 to 20 years to the full House. Both Ferrier and Thomas, who were alleged victims of Cosby, spoke at the hearing before the decision was made the same day. The bill was cosponsored by Rep. Rhonda Fields and Sen. John Cooke.



Presidential Medal of Freedom bill



On January 5, 2016, it was discovered that U.S. Representative Paul Gosar (R-Ariz.) had been crafting a measure to revoke Cosby's Presidential Medal of Freedom since the July release of a 2005 deposition in which Cosby acknowledged using drugs on women with whom he wanted to have sexual relations. "Cosby has admitted to drugging women in order to satisfy his sexual desires, and, therefore, the Federal government should not recognize Cosby with an honor like the Presidential Medal of Freedom", the bill states. The legislation would further impose criminal penalties on anyone who publicly displays a Medal of Freedom revoked by the president, including up to a year in prison. "To continue honoring Bill Cosby with this prestigious accolade would be an affront to women nationwide, particularly those who were victims of his horrific acts", Gosar wrote in a letter to fellow lawmakers asking them to co-sponsor his bill.



Oregon sex assault bill



A bill in the Oregon Senate would create an exception to the 12-year statute of limitations for the most serious sex crimes—including rape, sodomy and child abuse—allowing prosecutors to bring charges if new concrete evidence emerges. For example, they could reopen the case if multiple victims come forward with similar allegations or if new written evidence is discovered. Senate Bill 1553 was inspired by high-profile rape cases, including the one involving Brenda Tracy, who reported being raped by four football players in Corvallis in 1998, and the one involving Cosby. Under the bill, new victims coming forward could be used as evidence to reopen a case, said Aaron Knott, the legislative director for Oregon Attorney General Ellen Rosenblum. "While Bill Cosby is a celebrity, it's not unique to him", Knott told lawmakers at a committee hearing on February 8, 2016.



California sex assault law



On January 3, 2016, California State Senator Connie Leyva introduced Senate bill 813, named the "Justice for Victims Act". This bill would eliminate the 10-year statute of limitations in California for felony sexual offenses of rape, sodomy, lewd or lascivious acts, continuous sexual abuse of a child, oral copulation, and sexual penetration. The bill has support from Gloria Allred, the San Bernardino County District Attorney's Office and others.



On April 12, 2016, four alleged victims of Bill Cosby, Linda Kirkpatrick, Lili Bernard, Victoria Valentino and "Kasey" testified before the Senate committee. "I wanted them to know that the system failed us," Kirkpatrick said. Also testifying was Attorney Gloria Allred who represents 33 of Cosby's alleged victims.



On September 28, 2016, Governor Jerry Brown signed the bill into law. The law took effect January 1, 2017. It was supported by women's / LGBT rights activist Ivy Bottini and Dr. Caroline Heldman who are also involved in a campaign called #EndRapeSOL to eliminate the statute of limitations on rape in other states. Lili Bernard, Victoria Valentino and other alleged victims of Cosby have contributed to this grassroots effort.



In popular culture



Fellow stand-up comics, including Dave Chappelle, Judd Apatow, Martin Lawrence, Jim Norton, Bill Maher, Ricky Gervais, Lisa Lampanelli, Jeff Ross and Jim Jeffries, have commented on the allegations in their stand-up.



In the 2016 comedy film Neighbors 2: Sorority Rising, a character jokes "we got Cosby'd" after realizing he's been drugged. South Park, Saturday Night Live, Inside Amy Schumer, and Family Guy also mocked Cosby for his alleged sexual misbehavior.



Eddie Murphy joked about Cosby's downfall and resurrected his iconic impression of him while accepting the award for the Mark Twain Prize for American Humor.



In 2015, when pornographic actor James Deen was accused of sexual assault by multiple women, The Huffington Post referred to him as "the Bill Cosby of porn".



In late 2018, the Christmas song "Baby, It's Cold Outside" was pulled from several radio stations amid controversy that its lyrics allegedly promote sexual predation. Susan Loesser, daughter of composer Frank Loesser, who wrote the song, blamed Bill Cosby for backlash against its lyric "say, what's in this drink?" Loesser said "Bill Cosby is ruining it for everybody ...Ever since Cosby was accused of drugging women, I hear the date rape thing all the time ...I think it would be good if people looked at the song in the context of the time. It was written in 1944. It was a different time."



Impact on Cosby's legacy



Joan Tarshis, who had accused Cosby of raping her, within a Salon.com article, compared Cosby's damaged legacy to that of O.J. Simpson, saying "When you hear O.J. Simpson's name, you don't think 'Oh, great football player'. That doesn't come to mind first. I'm thinking it's not going to be 'Oh, great comedian'. It's going to be 'Oh, serial rapist'."



In 2015, Ebony magazine released an issue with Cosby's allegations as the cover story, discussing the importance of The Cosby Show and if it is possible to separate Bill Cosby from Cliff Huxtable. The cover depicted a photograph of The Huxtables with a cracked frame, symbolizing the show's damaged and complicated legacy.



Rolling Stone placed Cosby's concert film Bill Cosby: Himself as number 8 on its list of "The 25 Best Stand-Up Specials of All Time", acknowledging the significance of the film while still saying "Yes, it's damned near impossible to watch anything the tainted comedian has done and not think of the headlines, the heckling, the revelations and what is, by any definition, monstrous behavior." They also placed Cosby at number 8 on their list of "The Best Stand-up Comics Of All Time", saying "Bill Cosby is not likely to perform again; listening to his records will never have that gentle, sweet sense of nostalgia for anyone; and while it is impossible to disconnect the performer from the man, scrubbing his name from the annals of stand-up would be impossible."



Allusions in Cosby's works



In light of the allegations of drug-assisted sexual assaults, Cosby's history of jokes about "Spanish Fly" has come under increased scrutiny. It has been described as coming back "to haunt him".



In his 1969 biographical comedy album It's True! It's True!, he talks of a random male's fantasy with "Spanish Fly" and jokes about slipping the aphrodisiac into unsuspecting women's drinks. The joke begins with a 13-year-old Cosby first hearing of the substance and ends with an adult Cosby excitedly asking about getting Spanish Fly while in Spain, only to be disappointed when a local cab driver asks him for "American Fly".



In a 1991 interview with Larry King, as part of a promotional tour for his book Childhood, Cosby joked about "Spanish Fly", a slang term in his youth for a pill that could serve as an aphrodisiac.



In his 1992 book Childhood, Cosby devotes an entire chapter to Spanish Fly, recalling how enamored he was with the concept as a pubescent boy. A young Cosby asks what Spanish Fly looks like, how to give it to a girl ("In a sandwich of somethin'?"), and how much of it to use, to which one of Cosby's childhood friends replies "Soon as her clothes come off, that's enough."



On January 8, 2015, in a stand-up routine by Cosby at Budweiser Gardens in London, Ontario, he quipped "You have to be careful about drinking around me" to a woman in the front row who reportedly was exiting to get a beverage and offered to grab him one. MSNBC and National Post journalists interpreted Cosby's joke as a reference to the drugging and sexual assault allegations against him.



Hush money payments and cover-up



It has been reported that one of the reasons many of Cosby's accusers did not initially come forward is that Cosby gave them money in exchange for their silence. When asked in his deposition whom he wished to keep the affair from, Cosby replied "Mrs. Cosby".



In November 2014, former NBC facilities manager Frank Scotti told the New York Daily News that while working on The Cosby Show, Cosby funneled regular payments to several women via money orders that Scotti was told to purchase in his own name. Among the women identified in receipts that Scotti preserved for more than 20 years were Shawn Thompson, Cosby's admitted mistress who later accused him of fathering her child, and Angela Leslie, who claimed Cosby made unwanted sexual advances toward her in the early 1990s. Scotti "suspected that [Cosby] was having sex with them". He also noted that Cosby "was covering himself by having my name on [the money orders]. It was a cover-up." Scotti also claimed that Cosby regularly took aspiring models and actresses into his dressing room and instructed Scotti, "Stand outside the door and don't let anyone in." In a later interview for NBC's Today Show, Scotti said he "felt like a pimp". Cosby's lawyer Martin Singer denied Scotti's accusations and said the walker-bound 90-year-old was merely seeking "his 15 minutes of fame".



In the 2005 deposition that was made public in July 2015, Cosby admitted to making regular payments to Therese Serignese to reward her for good grades.

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