Legendary music producer Quincy Jones could be deposed in the Massachusetts libel case against Bill Cosby, as he may have knowledge of the embattled comedian’s history of alleged assaults, according to a motion filed Monday.
Last month, Cosby’s attorneys asked the court to pause this civil suit while the comedian faces a criminal charge of sexual assault in Montgomery County, Pa., in connection to a 2004 incident involving ex-Temple University employee Andrea Constand.
In a motion filed Monday, Joseph Cammarata, attorney for the accusers, says Cosby’s motion to stay is nothing but gamesmanship.
“Defendant is not entitled to put a hold on this entire case, merely because he has been criminally charged for an alleged sexual assault that occurred ten years after any of the alleged sexual assaults underlying this case,” Cammarata writes.
Cammarata’s client Tamara Green, and six other women, are suing Cosby for libel over denials by his reps that they were sexually assaulted.
In addition to Jones, plaintiffs intend to depose and/or subpoena documents from William Morris Endeavor, Cosby’s former attorneys Martin D. Singer and John P. Schmitt and his publicist David Brokaw, according to the motion filed by Cammarata.
Cammarata argues the case arises out of alleged assaults that happened as long as 47 years ago and staying the entire case would irreparably prejudice plaintiffs.
He points to Jones’ age and recent health concerns and notes that two people close to the situation, spokesman Walter M. Phillips Jr. and William Morris employee Tom Ilius, have already died.
Cosby’s attorney Christopher Tayback argues this civil case should be put on hold pending a result in the criminal case.
"The state’s case relies on Defendant’s previously sealed testimony, given by Defendant in a civil case that was made public — demonstrating the direct impact that civil litigation can have on criminal matters,” writes Tayback in the Feb. 9 brief. “It is precisely for such reason, i.e., the preservation of Defendant’s right against self-incrimination, that this civil action should be stayed during the pendency of Defendant’s criminal case."
Cammarata says in Monday's motion that his clients are willing to pause discovery in the case that is addressed to Cosby, if Cosby’s attorneys will do the same for the plaintiffs — but third parties should be fair game.
“Staying discovery addressed to Defendant while allowing third-party discovery to progress will address any substantial claim of prejudice that Defendant has, because it will obviate his need to invoke the Fifth Amendment,” Cammarata writes.
Cosby’s attorney Monique Pressley did not immediately respond to a request for comment.
Jones is currently involved in a lawsuit of his own. He is suing Michael Jackson’s estate and Sony Entertainment, claiming he was shorted profits when his works were used for projects made after the King of Pop’s death. That trial is set for summer.