Cosby sues his accuser in criminal case

Bill Cosby is suing the woman whose accusations led to the only criminal charges filed against the fallen TV icon.

It's the second civil suit Cosby has filed against some of the five-dozen women who have accused him of drugging and/or raping them in episodes dating back to the mid-1960s.

But this one targets Andrea Constand, the Canadian woman and ex-Temple University employee, whose accusation that Cosby drugged and assaulted her in 2004 in suburban Philadelphia led to the felony aggravated sexual assault charges pending against him 12 years later.

His lawsuit also names Constand's mother, her Philadelphia lawyer, Dolores Troiani, and the publisher of the supermarket tabloid,The National Enquirer, which has been publishing scandalous stories about Cosby since way before the allegations against him resurfaced in October 2014.

Cosby is alleging breach-of-contract, according to the Associated Press, stemming from a civil suit Constand filed against him in 2005, which was settled in 2006 under a confidentiality agreement. Constand also sued and settled with the National Enquirer, published by American Media, of Boca Raton, Fla.

Cosby wants Constand to pay back what he gave her in the settlement, which has never been disclosed. He is arguing that she broke the terms of the settlement by cooperating with police who reopened the criminal case against him last year. The lawsuit argues that Constand, as a resident of Canada, had no legal duty to cooperate with police in suburban Philadelphia.

What's next in the Bill Cosby criminal case?

The Cosby-Constand civil suit settlement remained under wraps until 2015, when the AP persuaded a judge to release portions of a deposition in which Cosby acknowledged obtaining drugs to give to women he sought for sex. That deposition is now a key piece of evidence in the criminal case against him.

Cosby filed his lawsuit, which is under seal, on Feb. 1, the day before an initial hearing in the criminal case in Montgomery County, Pa., when Cosby's legal team tried to get the criminal charges dismissed. They failed, although Cosby may appeal to a higher state court.

At that hearing, Constand's lawyer, Troiani, testified and mentioned that Cosby had sued her but did not elaborate. The presiding judge told Cosby's lawyers they could not accuse Troiani of breaking the confidentiality agreement through her testimony because she testified under a subpoena.

Constand would be the key witness against Cosby at a criminal trial, along with Troiani, and possibly her mother, Gianna Constand.

According to the criminal complaint against Cosby, Constand returned to Canada and told her mother about her encounter with Cosby in 2004. Her mother called Cosby to complain. In the call, which may have been illegally recorded, Cosby allegedly corroborated Andrea Constand's allegations about what happened, according to the criminal complaint.

Cosby's legal team did not respond to a request for comment about his new lawsuit. Troiani also declined to comment.

American Media Inc., parent company of the Cosby-loathing National Enquirer (he is regularly referred to as "the pervy performer" in its coverage), issued a statement questioning the Cosby legal team's defense strategy.

"Mr. Cosby has apparently decided his best legal defense is to sue one of his alleged victims and The National Enquirer, a publication that has been unflinching in its coverage of allegations against Mr. Cosby beginning in 2000 when everyone else avoided the story," the statement read. "We are confident that when the court reviews his claims against the Enquirer, it will find them to be without merit."

The next hearing in Cosby's criminal case is set for March 8, when  his lawyers are expected to argue, among other issues, that the Constand deposition should be thrown out.

In December, Cosby filed a civil suit against seven of his accusers for defamation and the case is pending. These seven women, whose accusations are too old to prosecute, sued Cosby in federal court in Massachusetts (where he has a home) in late 2014, claiming he defamed them by denying their accusations. So far, the judge in that case has declined Cosby's efforts to get the suit thrown out.

Bill Cosby countersues 7 accusers

Contributing: The Associated Press