The battle rages on in Montgomery County

Not Between Cosby and Prosecutors, But Between Prosecutors and a Former Prosecutor
Montgomery County District Attorney Kevin Steele is aiming to quash a subpoena served by former District Attorney Bruce L. Castor Jr., seeking information from the criminal investigation of Bill Cosby that took place while Castor was district attorney.

Steele filed a motion to quash Wednesday in Constand v. Castor. Castor had sought from Steele's office all statements, transcripts and other recordings from 2004 and 2005 made by Andrea Constand, who has alleged Bill Cosby sexually assaulted her. It specifically asked for any statements made to Montgomery County detectives, Philadelphia Police, Cheltenham Police and Ontario Police.

Constand told law enforcement in 2005 that Cosby had sexually assaulted her the year before. After investigating the allegations, Castor announced that his office would not be criminally charging Cosby. Constand later sued Cosby and the case ended in a confidential settlement.

Constand filed a defamation lawsuit against Castor in October. The complaint alleged that Castor conveyed and implied that Constand was inconsistent in her accusations of Cosby and exaggerated her claims. According to the lawsuit, Castor told The Associated Press in September that Constand lodged more serious complaints in her civil suit than she told police. Castor was serving as a county commissioner and was running for district attorney at the time, against Steele.

In his motion to quash, Steele said Castor is not entitled to the statements collected while Castor was district attorney. The motion said the Pennsylvania Criminal History Record Information Act prohibits disclosure of those statements, unless it is to a criminal justice agency.

In an affidavit supporting Steele's motion, Montgomery County detective James Reape noted that, upon information and belief, Castor is a special assistant district attorney in Centre County.

"However, his instant request, which I have reviewed, stems from a defamation suit against him personally," Reape wrote. "Therefore, even if defendant could be considered a law enforcement agency, he seeks this information in his personal, not law-enforcement, capacity."

Reape's affidavit said Constand did not make any statements to law enforcement in 2004. The statements she made in 2005, he said, have been kept confidential.

Robert C. Pugh of Kane, Pugh, Knoell, Troy & Kramer, an attorney for Castor, could not be reached for comment on motion to quash. Neither could Dolores Troiani, an attorney for Constand.

Read more: http://www.thelegalintelligencer.com/id=1202751901933/DA-Opposes-Subpoena-of-Cosby-Accusers-Statements#ixzz42YCDwFJu