2004 Cosby rape accuser files motion to break silence

ANDREA CONSTAND wants to talk about Bill Cosby.

In a motion filed in U.S. District Court in Philadelphia yesterday, lawyers for Constand moved to nullify a confidentiality agreement reached as part of an out-of-court settlement nine years ago.

Constand, the former director of operations for Temple University basketball, had filed a civil suit against Cosby in 2004, demanding damages for a previous alleged sexual assault in the star's Cheltenham mansion.

As part of the confidentiality agreement when the suit was settled, the details of the case could not be discussed by Cosby, Constand or anyone else involved.

Constand's motion alleges that Cosby and his team of lawyers and spokesmen violated that agreement several times in statements to the media.

After comedian Hannibal Buress brought up past allegations against Cosby, media coverage homed in on the comedian's legal troubles.

The motion mentions several media statements from Cosby attorneys, including:

* In November, John P. Schmitt released a statement referring to allegations by Constand and 13 other "Jane Does" who accused Cosby of sexual assault as "discredited."

* Patrick O'Connor, who is also chairman of Temple's board of trustees, was quoted in a New York Times article in December 2014 as saying, "If this conduct is true, Bill Cosby has major issues . . . But maybe, if he's innocent and the relations were consensual - wow." O'Connor said in an email to Constand attorney Bebe Kivitz that the comment wasn't about Constand. He told the Times that he couldn't give an opinion without violating the settlement.

* And this week, ABC News aired a statement from a Cosby representative that said: "The only reason Mr. Cosby settled [with Constand] was because it would have been embarrassing in those days to put all those women on the stand and his family had no clue. That would have been very hurtful."

Constand's new motion comes in the same week that the Associated Press reported receiving previously sealed court documents in her 2005 case in which Cosby admitted to giving stupor-inducing Quaaludes to at least one woman he wanted to have sex with.

After the AP went to court, a judge released a small part of the deposition. Constand's motion also calls for full release of the court documents - which Cosby's lawyers protested, saying it would "embarrass" the comedian, the AP reported.

"These documents will assist women who have been victimized and bring awareness to the fact that the sexual assault is not just committed with a gun or a knife, but is also committed by mentors who engage in exploitative behaviors," the suit says.

Cosby's legacy took another hit yesterday when the city's Mural Arts Program confirmed that a mural featuring the entertainer's likeness is scheduled for removal.

The piece, painted in 2008 in celebration of Father's Day, is on Broad Street near Indiana Avenue in North Philly. It depicts Cosby alongside several black leaders including Nelson Mandela, Desmond Tutu and Malcolm X.

Cari Feiler Bender, a spokeswoman for the Mural Arts Program, said the mural is located on a wall that's in disrepair, which had been brought to the attention of the program months ago.

"The mural had been on our list" for removal, Bender told the Daily News, "but due to the recent headlines, we've moved it to the top of that list."

Bender said there's no timeline for when the mural will be taken down.

Meanwhile, in Florida, another memorial to Cosby already has been taken down, albeit quietly.

A statue of Cosby located inside Disney's Hollywood Studios, a section of Orlando's Walt Disney World resort, was removed Tuesday night after the park closed, a spokeswoman for the theme park told the People Paper.

She said the decision stemmed from the controversy surrounding the comedian.