Katherine McKee, a woman who claims to be molested by Bill Cosby in a Michigan hotel room—more than 4-decades ago—now wants to sue Cosby for defamation. Her lawyer believes that “Cosby knows clearly that she isn’t lying about the rape.”
While facing a 3-judge panel in the First U.S. Circuit Court of Appeals, F. William Salo (Katherine’s lawyer) recently stated that Cosby destroyed his client’s reputation.
As per Salo, Cosby committed the offense when his attorney wrote a letter demanding the withdrawal of a 2014 ‘New York Daily News’ article about her rape claims.
“For the past 40-years, Cosby has been using his power and ability as somebody who can manipulate the media so that he can harass, intimidate and silence his accusers,” Salo argued. “That’s what exactly happened to McKee.”
McKee is among dozens of women who emerged with allegations against the comedian once known as, “America’s Dad.” McKee claims that in 1974, Cosby raped her while in a Detroit hotel room.
Cosby has denied every allegation of the wrongdoing, saying the encounters were consensual.
In the letter under discussion, the actor’s lawyer, Alan Greenberg, accused the ‘New York Daily News’ of ignoring critical things that would’ve proved that her story wasn’t credible.
Greenberg cited the positive remarks McKee had made about the actor after the encounter. Greenberg also told the judges that Massachusetts’ federal court was right to dismiss McKee’s suit.
McKee would’ve to prove that indeed Cosby acted with actual malice since she became somehow a “public figure,” when she gave her interview—making the public to believe that Cosby committed the offense, Alan Greenberg argued.
“She became popular in the biggest way on all the biggest stages in the country, after she gave an interview to the ‘Daily News,’” Greenberg stated.
Salo, however, argued his client’s interview did not make her a “public figure, ” and therefore she didn’t have to prove actual malice.
To show/prove actual malice, McKee would’ve to prove that indeed Cosby knew that statements written by his lawyer in a letter were false or contains too many doubts to be true.
The judgment is expected to be ruled in the coming weeks.
Another defamation lawsuit filed against the actor by seven other women is still pending in Massachusetts. Cosby, 80, has also filed a countersuit accusing the women in question, of defamation.
All criminal cases against Cosby ended in June, in a mistrial. Cosby will be re-tried in April on accusations that he molested and drugged a Temple University employee.