If prosecutors decide to arrest Bill Cosby for allegedly sexually assaulting Andrea Constand in January 2004, she will fully cooperate, her attorney, Dolores M. Troiani, tells PEOPLE exclusively.
“I think she’s a very strong lady,” says Troiani, in the lawyer’s first public comments about the possibility of her case being reopened. “She’ll do whatever she needs to do, whatever they ask of her.”
However, both Constand and Troiani are taking no public stance on whether the case should be reopened, Troiani says. (The statute of limitations to charge Cosby does not expire until Jaunary 2016, reports The Philadelphia Inquirer.)
“It’s up to the prosecutors,” she says. “Whatever they think is fine with us.”
Constand, 42, is a massage therapist who lives in Toronto. In January 2005, when she worked for Temple University in Philadelphia, she went to authorities alleging that Cosby, now 78, had sexually assaulted her in his Elkins Park, Pennsylvania, mansion the year before. Then-Montgomery County District Attorney Bruce L. Castor, Jr. publicly called the case against Cosby “weak,” and decided not to press criminal charges against the veteran entertainer.
Constand later filed a civil suit against Cosby and agreed to a settlement with him, which came with a confidentiality agreement. In July, Constand filed a motion claiming that Cosby violated the confidentiality agreement. (In 2006, PEOPLE reported on the sexual assault allegations against Cosby from interviews with some of the women who backed up Constand’s account by making similar allegations against Cosby in court. Cosby has previously denied all sexual assault allegations.)
In a statement to The Inquirer, Risa Vetri Ferman, the current district attorney of Montgomery County, who is running for judge, neither confirmed nor denied her office is considering reopening the case.
“I believe prosecutors have a responsibility to review past conclusions, whether their own or a predecessor’s, when current information might lead to a different decision,” the statement said.
Ferman did not respond to requests for comment from PEOPLE. Neither did Castor or Cosby’s attorneys.
War of Words Between Former D.A. and Constand’s Lawyer
Ferman is running for judgeship and leaving office at the end of this year, meaning she would not prosecute any case personally. Among the candidates to replace her is Castor, who is running for his old job.
Castor told The Inquirer that Constand was much more detailed in her civil suit than she was in her interviews with his office back in 2005: “The statement she gave police did not provide sufficient detail on which a criminal charge could be based,” he said. “Her statement was consistent with a woman who had been drugged and couldn’t remember what happened to her.”
After the story posted online, Castor’s Twitter and Facebook accounts linked to the story with a note saying, “[Inquirer]: Cosby victim told police much different than she told the court in her lawsuit. First I saw that in a story. Troublesome for the good guys. Not good.”
The Twitter posting was later taken down. Troiani and her former law partner, Bebe Kivitz, immediately fired off an “open letter” to Castor to The Inquirer demanding an apology and a retraction from the former prosecutor.
“The tweet can only be viewed as a defamatory comment as to the character of our client,” they wrote, according to a copy of the letter obtained by PEOPLE. “It appears that it is your intention to create an issue regarding our client’s credibility.”
While Castor has cited alleged that Constand’s statements have been inconsistent, Troiani says it’s Castor’s statements that don’t add up.
“First of all he said he didn’t remember what she said,” she tells PEOPLE. “Then he turns out and says that she said something inconsistent. It just floors me. How do you get away with something like that and why?”
Troiani also alleges that Castor treated Constand poorly when he was investigating the case in 2005.
“He didn’t tell us he wasn’t going to file criminal charges against Cosby,” Troiani says. “We found out through the media. He treated Andrea with total disrespect and disregard for her as a victim. There is no way another D.A. would have issued a press release without calling her first – especially in a case like this. Don’t you think she deserved a phone call?”
Troiani’s open letter states that in 2005, Castor had “aspirations to run for governor,” and that “it was apparent you had no interest in arresting Dr. Huxtable.”
“Now you are running for D.A. and public opinion has reversed,” the lawyers wrote. “We have watched you appear on various media outlets engaging in blatant revisionist history.”
The lawyers also questioned his “long-standing association” with the law firm Cozen & O’Connor, pointing out that one of Cosby’s attorneys, Patrick O’Connor, is a partner in the firm.
“We demand that you retract your statement regarding Ms. Constand and issue the apology to her that is 10 years overdue,” they wrote.
Castor told The Inquirer he didn’t owe her an apology.
“I don’t apologize for making decisions based upon the law and the evidence,” he said. “Do I wish that there was evidence [in 2005] that would have supported the arrest of Cosby? Yeah.”