NORRISTOWN, Pa. _ A Philadelphia judge has dismissed a former prosecutor's lawsuit against Bill Cosby accuser Andrea Constand, days before she is expected to appear in Norristown to testify against Cosby at his retrial.
Former Montgomery County District Attorney Bruce L. Castor Jr., who declined to file charges against Cosby in 2005, filed the personal injury claim against Constand and her lawyers in October. He alleged that her federal defamation lawsuit against him was filed in 2015 as an attempt to influence that year's race for district attorney. Castor lost that race to current District Attorney Kevin R. Steele, who now is leading the prosecution against Cosby.
Philadelphia Common Pleas Court Judge Ann Butchart issued two orders this week granting a request from Constand and her lawyers to dismiss the lawsuit. Lawyers on both sides did not immediately return messages seeking comment Thursday afternoon.
Castor's lawsuit is just one strand in the complex web of litigation that has loomed over Cosby and Constand as the entertainer prepares to face a retrial on sex-assault charges.
Constand's lawsuit against Castor is still pending in federal court. But Montgomery County Judge Steven T. O'Neill has ruled that lawyers cannot mention the litigation between Constand and Castor at the trial, which is scheduled to begin Monday.
Jurors will be allowed, however, to hear about the civil lawsuit that Constand filed against Cosby after Castor declined to press charges in 2005. Cosby and Constand reached an out-of-court settlement in 2006, and the details of it have never been disclosed. O'Neill has ruled that the retrial can include details of the settlement agreement, including how much Cosby paid Constand.
Meanwhile, jury selection for Cosby's retrial continued Thursday in Norristown. Mired in the fourth day of the process _ and now focused on finding alternate jurors who will only participate in deliberations if one of the original 12 is removed _ the lawyers appeared more relaxed about whom they let through.
Four of the six alternate jurors _ two men and two women, three of whom are African-American and one white _ were selected by 4 p.m. Thursday. Somewhat improbably, they include an African-American man who said he couldn't guarantee that he would not be influenced by what he already had heard about the case, and a middle-aged white woman who said she thought Cosby was guilty.
Though O'Neill raised his eyebrows after that woman left the room, neither side sought to remove her from the pool. She pledged that he could set aside her opinion and focus only on the evidence in the case.
"My thoughts are based on things that I've heard that I don't know are actually factual," she said.
