A Jane Doe in Cos case seeks time to protect ID

By NICOLE WEISENSEE EGAN weisenn@phillynews.com Attorneys for Andrea Constand yesterday asked a federal judge to give Jane Doe No. 8 until November to file a motion to protect her identity because her husband is awaiting a bone marrow transplant. On June 2, U.S. District Judge Eduardo Robreno gave 12 Jane Doe witnesses 10 days to file protective orders on their own behalf. He denied a blanket request by Constand's attorneys to keep the identities secret. Constand, 31, has accused entertainer Bill Cosby of drugging and sexually assaulting her in January 2004 at his Cheltenham Township, Montgomery County, home. Authorities declined to file criminal charges against Cosby in February, so Constand filed a civil suit against him in March. After publicity about Constand's accusations, 13 other women came forward to say he drugged and/or sexually assaulted them. Twelve of them are identified as Jane Does in court documents for the suit. Only one, California attorney Tamara Green, has been publicly identified. Yesterday's motion by Constand's attorneys, Bebe Kivitz and Dolores Troiani, asked Robreno to give Jane Doe No. 8 until November - instead of tomorrow - to file the protective motion to keep her name and address from the public. Jane Doe No. 8 has not yet hired an attorney, but indicated she wants to do so, and also said she did not want media attention, the motion said. "Counsel for plaintiff has previously spoken to Jane Doe No. 8, who indicated that her husband was on a transplant list, awaiting a bone marrow transplant," the motion said. "Counsel was advised that if and when a transplant was available, Jane Doe No. 8 and her husband would be forced to relocate . . . and she would remain with him throughout the transplant and his recovery. " After Robreno issued his order on June 2, Kivitz and Troiani said they tried to reach Jane Doe No. 8 at the Colorado business she operates, the motion said. An employee of the witness called back and said Jane Doe No. 8 and her husband are in Seattle, a bone marrow transplant is anticipated and she will probably not be available for this litigation until mid-October 2005, when her husband's transplant and rehabilitation are complete, the motion said. However, the motion noted, Jane Doe No. 8's name and address has been provided to Cosby's attorneys, along with the names and addresses of the other 11 Jane Doe witnesses. Both sides have been battling over the release of the names for the last several weeks. Cosby's attorneys had asked for a wide-ranging gag order on the case, but Robreno denied their motion on June 2, too. *