Bill Cosby plans to plead the fifth amendment if deposed to testify in Los Angeles for the civil case brought by Judy Huth, per The Hollywood Reporter. Huth accused Cosby in 2014 of sexually assaulting her in 1974 at the Playboy Mansion when she was 15.
The Huth case was first filed in 2014 but held due to Cosby’s conviction and 10-year prison sentence. Now that he has been released, prosecutors are proceeding. Sister 2 Sister previously reported that Cosby was convicted in 2018 of sexually assaulting Andrea Constand partly based on statements he made in a civil suit back in 2005. He spent three years in prison, but his conviction was overturned on June 30, and he was released.
Another criminal case against the comedian may also be in the cards. A new California law allows childhood sex abuse victims to sue upon becoming an adult or within five years of discovering psychological trauma stemming from the abuse. Because Huth was 15 during the alleged sexual assault, prosecutors could charge Cosby in a criminal case.
One of Cosby’s lawyers, Michael Freedman, notified a Los Angeles Superior Court judge that because of his client’s previous conviction and imprisonment due to complying with a deposition, he would not be doing so again.
“Defendant does not agree that merely because the Pennsylvania Supreme Court vacated Defendant’s criminal conviction for a single offense, allegedly arising from an incident that occurred in 2004, Defendant no longer enjoys a Fifth Amendment right to remain silent,” wrote Freedman.
“This is particularly so where numerous states have no criminal statutes of limitations for sex crimes. It is well-settled that the Fifth Amendment protects both the innocent and the guilty. Having already been forced to face a malicious criminal prosecution that resulted in an unlawful three-year incarceration, Defendant is not confident that such a risk does not still exist in this jurisdiction and others.”
“Indeed, prior to a stay being entered in this case, LAPD claimed that the Huth matter is an open criminal investigation. Thus, Defendant anticipates that if he is forced to sit for a deposition, he will exercise his Fifth Amendment guarantees absent a court order ruling that he has no Fifth Amendment right in this jurisdiction or any others.”
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Cosby posted a lengthy statement on Instagram on Aug. 13 with a picture of himself and his attorneys advising that Jennifer Bonjean and Freedman would represent him in the civil case brought by Huth.
“Official Press Release: Attorney Jennifer Bonjean Will Represent Actor & Comedian Bill Cosby Against Gloria Allred’s Client Judy Huth. This morning, Bill Cosby’s New York-based attorney, Jennifer Bonjean, was granted leave to appear pro hac vice in the civil litigation Huth v. Cosby, pending in Los Angeles County. Ms. Bonjean will serve as lead counsel on the case, working with local counsel, Michael Freedman of The Freedman Firm to fully vindicate Mr. Cosby of Ms. Huth’s 1974 accusation.”
“Ms. Huth’s legal team is determined to try this case in the court of public opinion where the rules don’t apply and where their client’s ancient accusation is not subject to any meaningful vetting. But cases are not won at press conferences; they are won in courtrooms through the adversarial process. And that is precisely where Mr. Cosby’s team intends to defeat this case.”
“The parties appeared before Judge Craig D. Karlan and flagged a number of important legal issues in the case, including whether California’s abolition of a statute of limitations as to certain sex crimes is constitutional and whether Mr. Cosby will sit for a second deposition in this case. In the words of Chief Justice Max Baer of the Pennsylvania State Supreme Court, “Mr. Cosby was the victim of a reprehensible bait and switch.” Those actions of an over-zealous judge and prosecutor caused Mr. Cosby great suffering with a (2) year and (10) month unjust conviction and incarceration. He legitimately fears that he could be the target of any number of other malicious prosecutions in this climate where mob-justice trumps the rule of law and bald accusations, no matter how old or how implausible, are automatically viewed as truth.”
“The Court lifted the stay on discovery today and will hold a conference on September 30, 2021. A trial date has been set for April 18, 2022.”
The post also accuses Huth’s attorneys of using the media and the court of public opinion to convict him. Huth is represented by Gloria Allred.
We’ll keep you posted.
