Former Montgomery County District Attorney Bruce Castor
Former Montgomery County District Attorney Bruce Castor (Matt Rourke)

A defamation battle between a woman who accused Bill Cosby of sexual assault and a former prosecutor who declined to charge the embattled entertainer is heating up in discovery, with both sides claiming the other failed to produce requested records in the case.

Plaintiff Andrea Constand and former Montgomery County district attorney Bruce L. Castor Jr. have both filed motions to compel, and Constand’s motion is also seeking sanctions against Castor. Constand sued Castor in October 2015, alleging that he defamed her in his statements about the Cosby case.

Castor was the Montgomery County district attorney in 2005 when he chose not to prosecute Cosby based on Constand’s allegations that the comedian sexually assaulted her in 2004. Cosby is currently facing criminal trial for those same allegations, after Montgomery County District Attorney Kevin Steele filed charges in 2015.

Castor, in his motion to compel, said Constand’s responses to his discovery requests were incomplete or insufficient.

Castor said Constand failed to fully answer several of his interrogatories asking for instances in which she was held up to scorn or her reputation suffered. He said she failed to provide several items, including an authorization for medical records from Sutherland-Chan Clinic. In a response, Constand said she provided that authorization in November.

“In her supplemental response she again references articles that she ‘is attempting to locate’ and will supply when she find them, which is not adequate, especially at this stage in the litigation,” Castor’s motion said.

In an eight-page response to Castor’s motion, Constand said the issues he raised are “frivolous” and that certain claims in his motion were “disingenuous at best.”

“It is clear that defendant is attempting to harass plaintiff and trying to ‘beat her’ to the courthouse door,” Constand’s response said.

In her own motion to compel and for sanctions, Constand said Castor has refused to be deposed and to send requested information in discovery. Her lawyers said Castor should be required to pay the fees required to prepare the motion.

Constand said Castor had originally agreed to sit for a deposition on the same day as Constand’s deposition. But he repeatedly rescheduled depositions, she said. The motion asked the court to order Castor to appear for his deposition on Jan. 12.

Constand’s motion also said Castor has failed to fulfill many requests for documents. Documents he did not provide, the motion said, include subpoenas for information in order to answer requests, communications with media and communications with Cosby’s criminal defense lawyer, Brian McMonagle.

According to Constand’s motion, Castor has also said that in some of the media reports at issue, Castor contends he was misquoted. But Constand’s lawyers filed an open records request to examine emails between Castor and media outlets.

“Some of the media outlets permitted defendant to review his quotes before publication,” the motion said. “Surely, there must be some document which caused defendant to answer in July [in an answer to discovery requests] but then claim to have been misquoted [in an amended answer] in November.”

Castor has also failed to provide Twitter communications from October 2014 to the present, emails from his Rogers Castor or personal email accounts relating to Constand or Cosby and other documents from the Montgomery County government’s website, according to Constand’s motion.

“These are simple requests, but they go to the heart of plaintiff’s action,” the motion said.

In a response, Castor said he has not refused to be deposed, and that Constand’s lawyers refused to provide dates for deposition. He also said motions to intervene in the case caused delay.

Castor’s response contended that he has been cooperative in discovery. He said Constand “appears unwilling to accept Mr. Castor’s responses that he has produced all the responsive documents in his possession, even though in many instances the requests have absolutely no relevance to this defamation case.”

Dolores Troiani, an attorney for Constand, declined to comment on the motions. Robert Connell Pugh, who is representing Castor, did not return a call seeking comment.

Lizzy McLellan can be contacted at 215-557-2493 or lmclellan@alm.com. Follow her on Twitter @LizzyMcLellTLI.

A defamation battle between a woman who accused Bill Cosby of sexual assault and a former prosecutor who declined to charge the embattled entertainer is heating up in discovery, with both sides claiming the other failed to produce requested records in the case.

Plaintiff Andrea Constand and former Montgomery County district attorney Bruce L. Castor Jr. have both filed motions to compel, and Constand’s motion is also seeking sanctions against Castor. Constand sued Castor in October 2015, alleging that he defamed her in his statements about the Cosby case.

Castor was the Montgomery County district attorney in 2005 when he chose not to prosecute Cosby based on Constand’s allegations that the comedian sexually assaulted her in 2004. Cosby is currently facing criminal trial for those same allegations, after Montgomery County District Attorney Kevin Steele filed charges in 2015.

Castor, in his motion to compel, said Constand’s responses to his discovery requests were incomplete or insufficient.

Castor said Constand failed to fully answer several of his interrogatories asking for instances in which she was held up to scorn or her reputation suffered. He said she failed to provide several items, including an authorization for medical records from Sutherland-Chan Clinic. In a response, Constand said she provided that authorization in November.

“In her supplemental response she again references articles that she ‘is attempting to locate’ and will supply when she find them, which is not adequate, especially at this stage in the litigation,” Castor’s motion said.

In an eight-page response to Castor’s motion, Constand said the issues he raised are “frivolous” and that certain claims in his motion were “disingenuous at best.”

“It is clear that defendant is attempting to harass plaintiff and trying to ‘beat her’ to the courthouse door,” Constand’s response said.

In her own motion to compel and for sanctions, Constand said Castor has refused to be deposed and to send requested information in discovery. Her lawyers said Castor should be required to pay the fees required to prepare the motion.

Constand said Castor had originally agreed to sit for a deposition on the same day as Constand’s deposition. But he repeatedly rescheduled depositions, she said. The motion asked the court to order Castor to appear for his deposition on Jan. 12.

Constand’s motion also said Castor has failed to fulfill many requests for documents. Documents he did not provide, the motion said, include subpoenas for information in order to answer requests, communications with media and communications with Cosby’s criminal defense lawyer, Brian McMonagle.

According to Constand’s motion, Castor has also said that in some of the media reports at issue, Castor contends he was misquoted. But Constand’s lawyers filed an open records request to examine emails between Castor and media outlets.

“Some of the media outlets permitted defendant to review his quotes before publication,” the motion said. “Surely, there must be some document which caused defendant to answer in July [in an answer to discovery requests] but then claim to have been misquoted [in an amended answer] in November.”

Castor has also failed to provide Twitter communications from October 2014 to the present, emails from his Rogers Castor or personal email accounts relating to Constand or Cosby and other documents from the Montgomery County government’s website, according to Constand’s motion.

“These are simple requests, but they go to the heart of plaintiff’s action,” the motion said.

In a response, Castor said he has not refused to be deposed, and that Constand’s lawyers refused to provide dates for deposition. He also said motions to intervene in the case caused delay.

Castor’s response contended that he has been cooperative in discovery. He said Constand “appears unwilling to accept Mr. Castor’s responses that he has produced all the responsive documents in his possession, even though in many instances the requests have absolutely no relevance to this defamation case.”

Dolores Troiani, an attorney for Constand, declined to comment on the motions. Robert Connell Pugh, who is representing Castor, did not return a call seeking comment.

Lizzy McLellan can be contacted at 215-557-2493 or lmclellan@alm.com. Follow her on Twitter @LizzyMcLellTLI.