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| Bill Cosby's lawyers call former prosecutor as witness in assault case | Bill Cosby's lawyers call former prosecutor as witness in assault case |
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| Bill Cosby’s legal team launched its argument to drop the sexual assault charges against him on Tuesday, calling the former Pennsylvania district attorney who declined to prosecute the comedian and actor as the first witness. | Bill Cosby’s legal team launched its argument to drop the sexual assault charges against him on Tuesday, calling the former Pennsylvania district attorney who declined to prosecute the comedian and actor as the first witness. |
| Cosby, 78, was charged with felony aggravated indecent assault on 30 December 2015 for an alleged sexual assault that took place at his home in 2004. Cosby was accused of urging Andrea Constand, who was 31 at the time, to consume pills and wine before assaulting her. | Cosby, 78, was charged with felony aggravated indecent assault on 30 December 2015 for an alleged sexual assault that took place at his home in 2004. Cosby was accused of urging Andrea Constand, who was 31 at the time, to consume pills and wine before assaulting her. |
| Cosby appeared in court on Tuesday dressed in a brown suit and flanked by his lawyers, who argued that he is immune from criminal prosecution because former district attorney Bruce Castor committed not to file charges in exchange for Cosby’s testimony in Constand’s civil case. | Cosby appeared in court on Tuesday dressed in a brown suit and flanked by his lawyers, who argued that he is immune from criminal prosecution because former district attorney Bruce Castor committed not to file charges in exchange for Cosby’s testimony in Constand’s civil case. |
| Castor testified that he intentionally declined to press charges in order to give Cosby’s accuser the best chance at winning a civil lawsuit. | Castor testified that he intentionally declined to press charges in order to give Cosby’s accuser the best chance at winning a civil lawsuit. |
| “I was confident that I had made her a millionaire,” Castor said. | “I was confident that I had made her a millionaire,” Castor said. |
| Castor said that when Constand’s criminal complaint reached his office a year later, he decided that there was “insufficient credible and admissible evidence upon which any charges against Bill Cosby”. | |
| But whether Castor’s commitment not to prosecute Cosby at the time actually protects Cosby from these new charges will remain up to common pleas court judge Steven O’Neill. Cosby’s lawyers have cited Castor’s pledge in their motion to dismiss the case now before the court, while prosecutor Kevin Steele has said Castor’s verbal promise was not a legally binding agreement and should not prevent the charges against Cosby from going forward. | |
| In explaining his decision not to prosecute, Castor cited the time that had elapsed since the attack along with “inconsistencies on material points” in Constand’s testimony, and his opinion that Constand exhibited behavior “inconsistent with a person who had been sexually assaulted”. Castor also said what he saw as an “inordinate” number of contacts between Constand and Cosby in the time between the incident and the criminal complaint played a role. | In explaining his decision not to prosecute, Castor cited the time that had elapsed since the attack along with “inconsistencies on material points” in Constand’s testimony, and his opinion that Constand exhibited behavior “inconsistent with a person who had been sexually assaulted”. Castor also said what he saw as an “inordinate” number of contacts between Constand and Cosby in the time between the incident and the criminal complaint played a role. |
| Still Castor said he thought Constand was entitled to “some measure of justice”, which he thought could best be achieved in a civil suit. Castor testified that he made the decision, “acting as the sovereign”, meaning on behalf of the commonwealth of Pennsylvania, that Cosby would not be prosecuted. | Still Castor said he thought Constand was entitled to “some measure of justice”, which he thought could best be achieved in a civil suit. Castor testified that he made the decision, “acting as the sovereign”, meaning on behalf of the commonwealth of Pennsylvania, that Cosby would not be prosecuted. |
| It was his legal opinion that by making this declaration, Cosby would no longer be entitled to fifth amendment protections from self-incrimination and would be required to give testimony in any civil depositions. Constand did in fact file a civil suit shortly thereafter, which was settled out of court in 2006. Cosby participated in a deposition in that case during which he admitted to giving Benadryl to Constand, misleading her to their contents, and engaging in sexual acts with her – though Cosby maintained it was consensual. | It was his legal opinion that by making this declaration, Cosby would no longer be entitled to fifth amendment protections from self-incrimination and would be required to give testimony in any civil depositions. Constand did in fact file a civil suit shortly thereafter, which was settled out of court in 2006. Cosby participated in a deposition in that case during which he admitted to giving Benadryl to Constand, misleading her to their contents, and engaging in sexual acts with her – though Cosby maintained it was consensual. |
| “The decision on whether to go forward on Cosby was put to rest by my decision in 2005,” Castor said, adding that “Cosby would’ve had to have been nuts to say those things if he thought there was any chance he would be prosecuted”. | |
| Of over 50 women who have publicly accused Cosby of rape or sexual assault, Constand’s case was the first to lead to a criminal lawsuit. Statutory limitations have prevented many of the alleged incidents, some dating back to the mid-1960s, from being considered by prosecutors. Recent public attention has encouraged many of Cosby’s alleged victims to come forward only within the last two years. | Of over 50 women who have publicly accused Cosby of rape or sexual assault, Constand’s case was the first to lead to a criminal lawsuit. Statutory limitations have prevented many of the alleged incidents, some dating back to the mid-1960s, from being considered by prosecutors. Recent public attention has encouraged many of Cosby’s alleged victims to come forward only within the last two years. |
| Montgomery County district attorney Kevin Steele filed the current charges against Cosby just one month before the statute of limitations ran out. Steele defeated Castor for the district attorney position in November, and made Castor’s soft treatment of Cosby a campaign issue in the election. One campaign ad mentioned the case and concluded: “Bruce Castor is not looking out for the victims.” | Montgomery County district attorney Kevin Steele filed the current charges against Cosby just one month before the statute of limitations ran out. Steele defeated Castor for the district attorney position in November, and made Castor’s soft treatment of Cosby a campaign issue in the election. One campaign ad mentioned the case and concluded: “Bruce Castor is not looking out for the victims.” |
| Constand filed a defamation suit against Castor in October for comments he made in response to Steele’s attacks. Castor said the discrepancies in Constand’s testimony was “troublesome for the good guys”. | Constand filed a defamation suit against Castor in October for comments he made in response to Steele’s attacks. Castor said the discrepancies in Constand’s testimony was “troublesome for the good guys”. |
| Direct examination is expected to continue into the day on Tuesday. | Direct examination is expected to continue into the day on Tuesday. |