Bill Cosby's wife will have to give deposition, judge rules
Bill Cosby’s wife, Camille, will have to give a deposition in a defamation suit against the comedian, but she may refuse to answer questions about her private conversations with her husband, a federal judge has ruled.
U.S. District Judge Mark Mastroianni ruled Thursday in a suit by eight women who claim Bill Cosby defamed them through statements denying their allegations of sexual misconduct, Masslive.com reports. The New York Times and the Boston Herald also have stories.
Private conversations between Camille and Bill Cosby—including business conversations—are protected from disclosure, Mastroianni said. Camille Cosby served as her husband’s business manager.
Mastroianni interepreted the Massachusetts marital disqualification rule. Its first section reads: “Neither husband nor wife shall testify as to private conversations with the other.”
Mastroianni said the rule’s protection for marital conversations applies to testimony in depositions as well as trials. He also said the wording creates an “absolute disqualification” and is broader than a privilege. He noted there are exceptions to the protection, however, citing examples of marital conversations when both parties are engaged in criminal activity and conversations where a third party was present.
“In light of the relatively narrow scope of the rule, the existence of various exceptions, and [Camille Cosby’s] unique role in defendant’s life for over 50 years, she may possess a good deal of relevant, nonprotected information which can be uncovered in a deposition,” Mastroianni wrote. “This is not simply a ‘fishing expedition.’ ”
Cosby filed a motion on Feb. 9 to stay the civil suit pending resolution of criminal charges against him. Mastroianni has not yet ruled on that motion, and he cautioned that his ruling on Camille Cosby’s deposition “should in no way be interpreted as suggesting how” he would decide the stay request.
