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A woman who accused Bill Cosby of sexual assault in 1972 was awarded $59 million earlier this year after a jury found the disgraced comedian responsible for his actions.
The woman, Donna Motsinger, claimed in new court documents obtained by Fox News Digital that Cosby allegedly “did not pay a single dollar” of the damages awarded, and asked a judge to hold the fallen TV star in contempt of court after violating an October order.
Joshua Wurtzel, a partner at Schlam Stone & Dolan LLP, explained that there is a “real possibility” that the court will issue a warrant for Cosby’s arrest, but not for failure to pay the judgment.
BILL COSBY FOUND RESPONSIBLE FOR 1972 SEXUAL ASSAULT, JURY AWARDS $59.25M TO ACCUSER
A jury awarded Donna Motsinger more than $59 million in March after finding Bill Cosby liable for 1972 sexual assault claims. (Gilbert Carrasquillo)
“Courts are generally not able to imprison people for unpaid civil debts,” Wurtzel told Fox News Digital. “The arrest warrant allegedly seeks to ignore the October court order requiring him to answer written questions about his assets under oath.
“If the court issues an order to show cause, Cosby is served personally and he fails to appear, California law allows the judge to issue a warrant ordering the sheriff to bring him in. And if the court finds him in contempt, it can order him imprisoned until he answers questions.”
Wurtzel noted that being held in contempt is “both a serious threat and a tactic to command respect.”
“If the court issues an order to show cause, Cosby is served personally and he does not appear, California law allows the judge to issue a warrant ordering the sheriff to summon him.”
“But if Cosby is outside of California, it may be very difficult to execute the arrest warrant and it will depend on the willingness of California law enforcement to have him extradited from another state,” Wurtzel said.
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Los Angeles criminal defense attorney Danny Rubin told Fox News Digital that Motsinger’s request for a “debtor examination” could benefit his case against Cosby.
“The Cosby Show” starred Cosby as Dr. Cliff Huxtable and ran for nearly 12 years. (CNB)
“Someone who has received money in a civil judgment is able to do what’s called a ‘debtor examination’ where the judgment debtor, the person who owes the money, has to provide information about the total amount of their assets and where they are located,” Rubin said.
“Failure to appear for this examination may result in a warrant of arrest. This is a serious legal tactic to force someone to appear for a debtor’s examination. Warrants of arrest are usually granted in cases where the debtor has repeatedly failed to appear.”
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In March, Cosby was convicted of drugging and sexually assaulting the former waitress more than 50 years ago.
“Arrest warrants are usually granted in cases where the debtor has repeatedly failed to appear.”
He was then ordered to pay Motsinger $59.25 million in damages – $17.5 million for his past mental trauma and an additional $1.75 million for any mental suffering Motsinger may suffer in the future. She was also awarded $40 million in punitive damages.
In October, Judge Bradley S. Phillips granted Motsinger’s request for a hearing on a motion to compel, and also ordered Cosby to “serve verified, code-compliant responses, without objection, within ten (10) days of this order.”
Bill Cosby was released from prison in 2021 after the Pennsylvania Supreme Court overturned his sexual assault conviction. (Gilbert Carrasquillo)
Additionally, the judge ordered that Cosby “pay monetary penalties of $1,560 to plaintiff’s attorney within ten (10) days of this order.”
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In Motsinger’s latest request, she asserted that “Cosby’s non-compliance is neither partial, nor late, nor excusable. It is total. He provided no response before October 19, and he has not since. He paid nothing before October 19, and he has not paid since.”
Cosby’s reluctance to pay could also lead to the disclosure of financial information — data that has not been revealed publicly and could potentially offer a rare glimpse into what remains of his Hollywood fortune.
Oakland criminal defense attorney Jo-Anna Nieves said Cosby’s bank accounts, investments, real estate, business interests, income and other assets could soon be examined.
“Depending on the circumstances, this investigation could also extend to financial transactions involving members of his family or entities connected to him,” Nieves told Fox News Digital. “This does not necessarily mean that all financial records will become public. Some information may remain confidential or be subject to protective orders.
“Depending on the circumstances, this investigation could also extend to financial transactions involving members of his family or entities related to him.”
Bill Cosby has faced a number of sexual assault accusations over the years. (Gilbert Carrasquillo)
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“For someone who has accumulated considerable wealth over decades in entertainment, these disclosures could provide a detailed picture of their current financial situation, including whether their wealth has declined, been transferred, or remains stuck in hard-to-access assets.”
She added: “The important question is not simply how much money Cosby has made over the course of his career: it’s how much he owns today, where those assets are held, and what assets are legally available to satisfy the judgment.”
Representatives for Cosby did not immediately respond to Fox News Digital’s request for comment.
Motsinger was one of 12 anonymous “Jane Does” who testified in a civil rape case filed against Cosby in 2005 by former Temple University athletic director Andrea Constand. The matter was settled out of court a year later.
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Cosby was released from prison in 2021 after the Pennsylvania Supreme Court overturned his 2018 warrant. criminal conviction for sexual assault.
The disgraced comedian was released from prison in 2021 after the Pennsylvania Supreme Court overturned his 2018 criminal conviction. (Bastiaan Slabbers/NurPhoto)
The disgraced actor, once known as “America’s Dad,” served more than two years of his three-to-10-year sentence after being convicted of drugging and assaulting a woman at his Cheltenham, Pennsylvania, home in 2004.
The state’s highest court threw out Cosby’s conviction after finding that District Attorney Kevin Steele, the prosecutor who brought charges against Cosby, violated an agreement not to indict him that former District Attorney Bruce Castor made in 2005, although the agreement was apparently never put in writing.
Cosby has maintained his innocence.
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In June 2022, jurors found that Cosby sexually assaulted Judith Huth, who accused the former actor of sexual assault at the Playboy mansion in 1975, when she was a teenager.
Former Playboy model Victoria Valentino, now 80, filed a lawsuit against Cosby in June and claimed Cosby drugged and raped her in 1969. The model has spoken out about her before. allegations against the actor and even appeared at his sentencing in 2021.
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