Former Montgomery County District Attorney Bruce Castor Jr. has filed his promised lawsuit against Andrea Constand, whose sexual assault claims are at the center of Bill Cosby’s criminal prosecution, accusing her of suing him in order to “fix an election” against him in 2015.
In the complaint, filed Wednesday in the Philadelphia Court of Common Pleas, Castor alleges that Constand and her lawyers, Dolores Troiani and Bebe Kivitz, intended to influence the 2015 district attorney race when she brought her defamation claim against him in 2015. In that suit, which is ongoing, Constand claims Castor defamed her in his public statements about her allegations against Cosby.
Castor’s complaint alleges civil conspiracy and abuse of process and accuses Constand, Troiani and Kivitz of pursuing a vendetta against him. His damages are not specifically defined, but in previous filings he said they exceed $50,000.
“The defendants’ abuse of the legal process—which still continues—caused significant damages, including Castor’s loss of the election, incurring legal expenses to fight this outlandish lawsuit, need to expend his own substantial time, energy and skills necessary to address the lies created and propagated by all defendants in their baseless lawsuit, and the physical stress and emotional distress as a result of the fallout from defendant’s actions.”
Castor was Montgomery County district attorney in 2005, when Constand’s sexual assault allegations against Cosby were under investigation. He chose not to prosecute Cosby, the complaint said, because of inconsistencies in Constand’s multiple retellings of the alleged assault.
In his complaint, Castor took credit for allowing a civil settlement between Constand and Cosby by refusing to bring charges against Cosby. He said he acted in Constand’s best interests by removing Cosby’s ability to assert the Fifth Amendment in a civil setting.
“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,” Castor’s complaint says. “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.”
In previous court testimony, Troiani has said she did not discuss a civil case with Castor before he announced his decision not to press charges. At a February 2016 hearing, she said she and Kivitz wanted Cosby to be arrested.
The complaint alleges that Constand and her lawyers helped Kevin Steele, now the Montgomery County district attorney, in making Castor’s 2005 decision not to prosecute Cosby a central campaign issue. Then they filed the defamation suit soon before Election Day in 2015.
Castor contends in his complaint that he was ahead of Steele by as many as 10 points in polls before Constand’s lawyers filed the defamation suit.
“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 legal process, hoping they could shield their mischief via their procurement, initiation and continuation of their frivolous, malicious filing,” the complaint asserts.
Jim Beasley of The Beasley Firm is representing Castor.
Jeffrey McCarron of Swartz Campbell, who is representing Constand, Troiani and Kivitz, said Castor’s complaint is “legally deficient.”
“Mr. Castor hasn’t won his defamation case, which is essential” to his claims, McCarron said.
Last month, McCarron said Castor’s expected allegations against Constand seemed to contradict his previous statements to the press, when he “disclaimed any connection between Andrea Constand and his loss.”