McMonagle's subpoena is "a blatant attempt to disrupt Mr. Cosby's criminal defense and harass his attorney," his attorneys say in a new motion to quash the subpoena

By Nicole Weisensee Egan
Updated March 18, 2016 01:05 PM
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Credit: Matt Rourke/AP

Bill Cosby‘s criminal defense attorney threw a fundraiser for the prosecutor who for years declined to prosecute the comedian on sexual assault charges, new court documents allege.

Brian McMonagle also donated $2,500 to Bruce L. Castor Jr.’s failed election campaign for Montgomery County district attorney, according to records produced for the attorneys for alleged Cosby sex abuse victim Andrea Constand.

Castor served as district attorney in the Philadelphia suburb from 2000 to 2008, when investigators first looked into Constand’s claims that Cosby drugged and sexually assaulted her. He declined to pursue criminal charges in the case. Last year, Castor ran for another term as district attorney, but lost to Kevin R. Steele. Steele announced criminal charges against Cosby within weeks of being elected.

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Dolores Troiani and Bebe Kivitz, attorneys for Constand, who is suing Castor for defamation and is the alleged victim in the criminal case against Cosby that is still pending, subpoenaed McMonagle on March 7.

Constand’s attorneys asked for all documents related to “campaign contributions made by you, your firm or William H. Cosby, Jr. or anyone acting on his/your behalf to any campaign involving Bruce Castor since 2005 to present;” any documents “conveyed by any means” to Castor relating to Cosby; and “all communications” between McMonagle and Castor relating to Cosby.

This week, McMonagle’s attorneys filed a motion to squash the subpoena, saying it “is not a legitimate effort to gather discovery relevant to this matter, but rather is a blatant attempt to disrupt Mr. Cosby’s criminal defense and harass his attorney,” according to a copy obtained by PEOPLE.

In his two-page declaration filed with the motion, McMonagle denied there was anything untoward about his relationship with Castor.

“As a former prosecutor, current criminal defense attorney and active member of the bar, I have known Bruce Castor for many years,” he said. “In early 2015, in my capacity as a private citizen and prior to my representation of Mr. Cosby, I donated $2,500 to Mr. Castor’s campaign for district attorney as part of a fundraiser that I, along with a number of other local lawyers, helped to organize.

“I have not made any donations of time or money to Mr. Castor’s campaign after being engaged by Mr. Cosby in September 2015,” he added, “nor have I participated in or coordinated any such donations on anyone else’s behalf.”

In addition, he says he has “no knowledge of or information concerning the statements made by either Andrea Constand or Bruce Castor that are at issue in this litigation.”

McMonagle’s subpoena is part of a defamation lawsuit filed by Constand against Castor last October. Constand alleges he defamed her with comments he made during the campaign, where Castor’s treatment of the decade-old case became an issue. Castor denies he defamed her.

Cosby denies Constand’s sex abuse allegations and has mounted a vigorous defense.

In February, Castor was the chief witness at a two-day hearing over whether his 2005 promise to Cosby’s attorneys not to prosecute the entertainer means the case should be dismissed. A Montgomery County judge ruled against Cosby, but the case is currently under appeal.

More than 50 women have accused Cosby, 78, of drugging and/or sexually assaulting them. He has denied all the allegations.