Case Page 2 of 16 Cosby, Camille (Volume I) (Public) 02-22-2016 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS WESTERN DIVISION TAMARA GREEN, et al., Plaintiffs/Counterclaim Defendants, Civil Action No. vs. WILLIAM H. COSBY, JR., Volume I Defendant/Counterclaim Pages 1 184 Plaintiff. CONFIDENTIAL MATERIAL Springfield, Massachusetts Monday, February 22, 2016 VIDEOTAPED DEPOSITION OF: CAMILLE COSBY, called for oral examination by counsel for Plaintiffs/Counterclaim Defendants, taken pursuant to Federal Rules of Civil Procedure, before Nicole E. Viens of Capital Reporting Company, a Registered Professional Reporter and Notary Public in and for the Commonwealth of Massachusetts, at Springfield Marriott, 2 Boland Way, Springfield, Massachusetts, beginning at 10:16 a.m. when were. present on behalf of the respective parties: (866) 448 - DEPO 2016 Case Page 3 of 16 Cosby, Camille (Volume I) (Public) 02-22-2016 JOSEPH CAMMARATA, ESQUIRE IRA SHERMAN, ESQUIRE MATTHEW TIEVSKY, ESQUIRE Chaikin, Sherman, Cammarata Siegel P.C. 1232 Seventeenth Street, N.W. Washington, D.C. 20036 Counsel for the Plaintiffs; MICHAEL BRESSLER, ESQUIRE The Bressler Firm LLC 180 North Michigan Avenue, Suite 1800 Chicago, Illinois 60601 Counsel for the Plaintiffs; MONIQUE PRESSLEY, ESQUIRE The Pressley Law Firm 1629 Street, NW, Suite 300 Washington, DC 20006 mdpressley@thepressleyfirm.com Counsel for the Defendant and Deponent; CHRISTOPHER TAYBACK, ESQUIRE MARSHALL M. SEARCY, ESQUIRE Quinn Emanuel Urquhart Sullivan 865 S. Figueroa Street Los Angeles, California 90017 christayback@quinnemanuel.com Counsel for the Defendant and Deponent; STEPHEN E. SPELMAN, ESQUIRE Egan, Flanagan and Cohen, P.C. 67 Market Street Springfield, Massachusetts 01102 ses@efclaw.com Counsel for the Defendant and Deponent. Also Present: Shawn Budd, Legal Video Specialist (866) 448 - DEPO 2016 Case Page 4 of 16 Cosby, Camille (Volume 1) (Public) 02-22-2016 1 I 2 WITNESS EXAMINATION 3 CAMILLE COSBY (By Mr. Cammarata) 7 5 I I 6 NO. PAGE 7 Exhibit 1 Transcript from Oprah Interview 40 8 Exhibit 2 HIGHLY CONFIDENTIAL 73 9 10 Exhibit 3 Op?Ed 145 11 Exhibit 4 Excerpt of Mark Whitaker Book 161 12 13 (Exhibits were retained by Attorney Cammarata.) 14 15 16 QUESTIONS ASKED AND WITNESS INSTRUCTED NOT TO ANSWER 17 PAGE LINE (866) 448 - DEPO 2016 Case Page 5 of 16 Cosby, Camille (Volume 1) (Public) 02-22-2016 QUESTIONS ASKED AND WITNESS INSTRUCTED NOT TO PAGE LINE ANSWER CONT . (866) 448 - DEPO 2016 Case Page 6 of 16 Cosby, Camille (Volume 1) (Public) 02-22-2016 QUESTIONS ASKED AND WITNESS INSTRUCTED NOT TO ANSWER CONT. PAGE LINE (866) 448 - DEPO 2016 Case Page 7 of 16 Cosby, Camille (Volume I)(Public) 02-22-2016 THE VIDEOGRAPHER: We are on the record. This is the videographer speaking, Shawn Budd, with Veritext Court Reporting. Today's date is February 22, 2016. The time is 10:16 a.m. We are here at the Marriott Hotel, Springfield, Massachusetts, to take the video deposition of Camille Cosby in the matter of Green versus Cosby. Would counsel please introduce themselves. MR. CAMMARATA: Joseph Cammarata along with Ira Sherman, Matthew Tievsky, and Michael Bressler on behalf of the plaintiffs, and one of the plaintiffs, Therese Serignese. MS. PRESSLEY: Monique Pressley of The Pressley Firm on behalf of the witness, Mrs. Cosby. MR. TAYBACK: Christopher Tayback on behalf of the witness and also the defendant. MR. SEARCY: Marshall Searcy here for Mrs. Cosby and the defendant. MR. SPELMAN: Stephen Spelman here for Mrs. Cosby and the defendant. THE VIDEOGRAPHER: And would the court (866) 448 - DEPO 2016 Case Page 8 of 16 Cosby, Camille (Volume 1) (Public) 02-22-2016 reporter please swear in the witness. WHEREUPON, CAMILLE COSBY, having been satisfactorily identified and duly sworn by the Notary Public, was examined and testified as follows in answer to direct interrogatories: EXAMINATION BY MR. CAMMARATA: Q. Good morning, ma'am. A. Good morning. Q. We met before we started. Once again, my name is Joseph Cammarata. A. Yes. Q. Please tell us your full name. A. Camille Cosby. Q. Thank you. Over the next several hours, I'm going to have questions about various topics and I appreciate your response, oral response, to the questions I've put to you. A. Mm?hmm. Q. Back in the year 2000, you gave an interview with Oprah. Do you remember giving an interview with.Oprah? A. I do. Q. And the transcript that's generally (866) 448 - DEPO 2016 Case Page 9 of 16 Cosby, Camille (Volume 1) (Public) 02-22-2016 conversation with your husband? MS. PRESSLEY: Objection. Or with your attorneys, privilege. Q. (By Mr. Cammarata) Ma'am A. I'm not answering that. MR. CAMMARATA: Would you read back the question. (The question was read.) Q. (By Mr. Cammarata) Were you aware other than with a private conversation with your husband or counsel that there was a lawsuit filed against your husband by these ladies in this case? A. I don't know. Q. Okay. All right. Do you know when it was the first if I asked you this, I apologize, but do you know when it was the first time that you became aware of the allegations? A. No, I don't know. You became aware Q. All right. you were aware that Andrea Constand sued your husband MS. PRESSLEY: Objection Q. (By Mr. Cammarata) were you not? MS. PRESSLEY: -- privilege. Do not answer. MR. CAMMARATA: What is what's the (866) 448 - DEPO 2016 Case @59833407/16 Page 10 of 16 Cosby, Camille (Volume 1) (Public) 02-22-2016 privilege? MS. PRESSLEY: Marital and attorney- client. Q. (By Mr. Cammarata) Were you aware I'm not asking for what the MR. CAMMARATA: We're going to if this continues, we're going to get the judge on the phone. This is this is outrageous. MS. PRESSLEY: I'm happy to get the judge on the phone. MR. CAMMARATA: Okay. Let's get the judge on the phone. MR. TAYBACK: Why don't we take a break? MR. CAMMARATA: No. No. No. We're going to get the judge you want to take a break? We'll take a break. That's fine. I'll buy you the break but then MR. TAYBACK: You're not buying me anything. I'm asking to take a break. MR. CAMMARATA: We're going to come back and then either MR. TAYBACK: Let's take a break. MR. CAMMARATA: Okay. We'll take a five?minute break. THE VIDEOGRAPHER: The time is 10:41. (866) 448 - DEPO 2016 Case @?ggsfowm Page 11 of 16 Cosby, Camille (Volume I)(Pub1ic) 02-22-2016 We're off the record. (A recess was taken.) THE VIDEOGRAPHER: We are back on the record. The time is nine minutes after eleven. MR. CAMMARATA: We're going to move on and I'm reserving my right to call the judge on various questions that we've identified on the break that were, I believe, inappropriately asserted an instruction not to answer. Let me just say one Q. (By Mr. Cammarata) thing just to be clear, Mrs. Cosby, that your refusal to answer as a witness, you just can't refuse to answer a question. If there's an instruction not to answer and if you want to comply with that, then that's different, okay. Just you understand that? A. Yes. Q. All right. Thank you, ma'am. Now, before we took the break, I asked you if you were aware that Andrea Constand had sued your husband, and you didn't give me an answer. So I'm asking you again, at some point you became aware that Andrea Constand sued your husband; is that right? A. Yes. At some point, yes. Q. Okay. Do you recall when that was? (866) 448 - DEPO 2016 Case Cal?nglB Page 12 of 16 Cosby, Camille (Volume 1) (Public) 02-22-2016 A. No. 2 Q. How did you become aware that Ms. 3 Constand sued your husband? 4 A. Through my husband. And did you ever read a copy of 5 Q. Okay. 6 the complaint that Ms. Constand filed against your 7 husband? 8 A. No. 9 Q. Have you ever been advised as to what 10 the allegations were that Mr. Constand Ms. 11 Constand had against your husband? 12 A. No. do you have any 13 Q. As you sit here today, 14 understanding of what the allegations Ms. Constand 15 made against your husband? 16 A. Somewhat. 17 Q. Okay. And can you tell us what that is, 18 that understanding is? 19 MS. PRESSLEY: Objection; privilege. 20 You don't have to answer. 21 Q. (By Mr. Cammarata) Is the only 22 information that you receive -- that you have 23 about your understanding about what the 24 allegations are, did that come from your husband? 25 A. It came from my husband. 36 (866) 448 - DEPO 2016 Case Page 13 of 16 Cosby, Camille (Volume I)(Public) 02-22-2016 Okay. Did it come from your lawyer? A. It did come from counsel. Q. What counsel did it come from? A. Jack Schmitt. Q. Okay. Do you recall when that was? A. No, I don't. Q. Was it a meeting with Jack Schmitt? A. I don't remember. Q. Do you know if it was by telephone? A. I don't remember. Q. When you received information from your husband about the allegations of Ms. Constand against him, do you recall where you were when you received that information? A. No, I don't. Q. Do you recall who was present other than you and your husband? A. No, I don't. Q. Was anyone else present? A. I don't recall. Q. You are aware that your husband gave sworn testimony, a deposition, were you not? A. I am. Q. Okay. In the Constand matter? A. Yes. (866) 448 - DEPO 2016 Case @?geggyome Page 14 of 16 Cosby, Camille (Volume 1) (Public) 02-22-2016 Okay. Because there's been other circumstances where he's given a deposition. Have you read that deposition? A. No. Q. Has anyone advised you as to what the contents of the deposition testimony was? A. No. Q. Sitting here today you have no understanding of what topics or what statements your husband made at the deposition; is that your testimony? A. That is my testimony. Q. You haven't have you discussed your husband's deposition testimony with your husband? A. I don't want to answer that. That is -- Q. Well, you can't not A. That is communication between me and my husband. Q. Okay. Well, you don't get that privilege to just tell me MS. PRESSLEY: You can MR. CAMMARATA: Excuse me Q. (By Mr. Cammarata) You don't get that privilege to just tell me that you're not going to answer . (866) 448 - DEPO 2016 Case Page 15 of 16 Cosby, Camille (Volume I) (Public) 02-22-2016 All right but I am telling you that that is communication between my husband and me. CAMMARATA: Well, let's read MR. Okay. back the question, please. (The question was read.) I'm not asking for Q. (By Mr. Cammarata) the substance. I'm just asking whether or not you had a discussion about the substance of his deposition testimony? That's all I want to know. A. That is just communication between my husband and me. MR. CAMMARATA: Okay. Counsel, are you instructing her not to answer? MS. PRESSLEY: No, I wasn't and I was going to try to say to the witness before you interrupted me, you can answer yes or no whether you've discussed it without divulging any of what it was. THE WITNESS: Okay. Yes. Q. (By Mr. Cammarata) The answer to my question, just so we're all on the same A. Yes. Q. page here is that you did have a conversation with your husband regarding the substance of his deposition testimony? (866) 448 - DEPO 2016 Case Page 16 of 16 Cosby, Camille (Volume 1) (Public) 02-22-2016 That is correct. Q. Okay. Do you recall when that was in time relative to when he gave a deposition? A. No. Q. Do you recall was anyone present when you had that conversation? A. I don't remember. Q. Do you recall where you were when you had that conversation? A. I don't remember that. Q. Do you recall how long it was that you spoke? A. No. Q. Do you recall the subject matters upon which you spoke? A. No. Let me mark a MR. CAMMARATA: Okay. couple things here. MR. SHERMAN: Could you mark that page, please. (Exhibit 1, Transcript from Oprah Interview, marked for identification.) Q. (By Mr. Cammarata) Mrs. Cosby, let me show you what's been marked -- I'm just going to slide it because I can't reach you -- Deposition (866) 448 - DEPO 2016 Case Document 229-5 Filed 03/07/16 Page 1 of 12 EXHIBIT