Bill Cosby’s attorneys filed an emergency motion Monday afternoon asking to delay Camille Cosby’s deposition on Wednesday pending the outcome of her appeal, according to a copy of the motion obtained by PEOPLE.
Cosby’s attorneys are appealing U.S. District Judge David Hennessy’s December 31st decision order saying the deposition can go forward.
However, the attorney who requested her deposition says he fully intends to proceed as planned.
“Absent a court order directing that she need not appear, we expect that she will honor the subpoena and give testimony,” attorney Joseph Cammarata tells PEOPLE exclusively.
The deposition will begin at 9 a.m. Wednesday at the Marriott hotel in Springfield, Massachusetts, according to a copy of the subpoena filed with the court by Cosby’s attorneys, a copy of which was obtained by PEOPLE.
Camille’s attorneys say she tried to get Cammarata to agree to postpone the deposition pending the outcome of her appeal but he refused and, “among other things, threatened to seek the assistance of federal marshals to compel Mrs. Cosby’s deposition on January 6,” according to the motion.
“Accordingly, Mrs. Cosby brings this emergency motion to stay her deposition so that the District Court may have a full opportunity to review the Magistrate’s order,” they wrote.
Camille had argued that, by law, she shouldn’t have to testify against her spouse and be subjected to questions regarding his “sexual proclivities.” But in his December 31 decision, Judge Hennessy denied the motion in its entirety, holding that her arguments had “no merit.”
“Mrs. Cosby’s dual role as defendants’ wife and business manager, render it at least plausible that Mrs. Cosby is in possession of information that is relevant to any party’s claim or defense and proportional to the needs of the case,” he wrote.
Source: PEOPLE | NICOLE WEISENSEE EGAN