Physical evidence against the Cos? (2005)

One of Bill Cosby's 14 accusers has "physical evidence" to support her drugging and/or sexual assault claims against the entertainer, an attorney involved in the civil suit against Cosby revealed in court yesterday.

Dolores Troiani, who represents Andrea Constand, the plaintiff in the civil suit, said Jane Doe No. 10 is the one with the physical evidence but did not elaborate.

The revelation came as depositions are set to begin in the case. Cosby and Constand will be deposed beginning today at unspecified locations.

The attorneys were in federal court here yesterday to work out various issues, including when and where the depositions would take place.

Troiani began the 30-minute hearing by saying they'd reached an agreement about the depositions. Patrick O'Connor, one of Cosby's attorneys, revealed they were beginning today. Neither side would comment outside the courtroom.

Constand, 32, was director of operations for the women's basketball team at Temple University when she first met Cosby about three years ago. She has accused him of drugging and sexually assaulting her at his Cheltenham, Montgomery County, mansion in January 2004. She went to police in January 2005. After conducting an investigation, Montgomery County District Attorney Bruce Castor said there was not enough evidence to sustain the case beyond a reasonable doubt.

As publicity about the case continued, 13 more women came forward with similar allegations.

Constand filed her civil suit against Cosby in March 2005, alleging the comedian violated her civil rights with the sexual assault then defamed her after she came forward.

Yesterday attorneys argued over what Troiani and Kivitz could ask Cosby about his interview with the National Enquirer and negative stories about Constand that were leaked to the now-defunct TV tabloid show, "Celebrity Justice. "

In February, the show reported that "sources connected with Bill Cosby" said that before Constand went to police, her mother asked Cosby to "make things right with money" and that "a Cosby rep" called this a "classic shakedown. "

O'Connor said yesterday in court that Marty Singer, a California attorney representing Cosby, was the person who spoke to "Celebrity Justice," not Cosby.

Singer did not return a phone call requesting comment yesterday.

Troiani revealed in court that Cosby told police Constand called him in January, but says she asked for an apology, not money. Cosby then called her back the next day to offer her one of his educational trusts, Troiani said. She and Kivitz asked U.S. District Judge Eduardo Robreno to require Cosby to give them a list of all the women to whom he has given educational trusts, but Robreno denied their request.

Troiani said she also wanted to know if Cosby was paid for the March story in the National Enquirer, in which they say he implied Constand accused him to get money, and why he agreed to do the interview. She said Beth Ferrier, one of Cosby's accusers, did an interview with the tabloid in February and passed a lie detector test about her claims but the tabloid never ran her story. Instead, two weeks later, the Enquirer touted the "exclusive" interview with Cosby.

Ferrier told her story to the Daily News in June. She is an ex-model who says she dated Cosby in the mid-1980s and that he drugged and sexually assaulted her after she ended the relationship.

Troiani said they wanted to know if Cosby "was confronted with [her] polygraph and [if] that was his motive for going through with the Enquirer article. "

Robreno ruled Troiani and Kivitz could ask what they wanted about the Enquirer interview.

And O'Connor said he wanted to know when Constand first consulted an attorney. She told Philadelphia police she went to an attorney before going to police in January, according to a copy of the police report. Robreno ruled O'Connor could ask Constand that question.

The revelation about the physical evidence Jane Doe Number 10 claims to have came when O'Connor was trying to determine if Troiani and Kivitz had any additional information about any of the Jane Does. Troiani said, as far as they know, only Jane Doe Number 10 has physical evidence to support her claims.