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| Bill Cosby is back in court to throw out criminal case | Bill Cosby is back in court to throw out criminal case |
| (about 1 hour later) | |
| NORRISTOWN, Pa. — Bill Cosby’s lawyers fought Tuesday to persuade a judge to toss out a felony sexual-assault charge against the entertainer, who prosecutors allege drugged and molested a Temple University athletics department employee at his Philadelphia-area estate a dozen years ago. | NORRISTOWN, Pa. — Bill Cosby’s lawyers fought Tuesday to persuade a judge to toss out a felony sexual-assault charge against the entertainer, who prosecutors allege drugged and molested a Temple University athletics department employee at his Philadelphia-area estate a dozen years ago. |
| The embattled 78-year-old comedian has been accused of sexual assault by more than 50 women, but the Pennsylvania case is the first time Cosby has been criminally charged. It is based on accusations made by Andrea Constand, who ended up suing Cosby after the prosecutor at the time declined to press charges in 2005. | The embattled 78-year-old comedian has been accused of sexual assault by more than 50 women, but the Pennsylvania case is the first time Cosby has been criminally charged. It is based on accusations made by Andrea Constand, who ended up suing Cosby after the prosecutor at the time declined to press charges in 2005. |
| The packed hearing before Common Pleas Judge Steven T. O’Neil specifically addressed whether the former county prosecutor, Bruce L. Castor Jr., had made a verbal agreement that his office would not prosecute Cosby. | The packed hearing before Common Pleas Judge Steven T. O’Neil specifically addressed whether the former county prosecutor, Bruce L. Castor Jr., had made a verbal agreement that his office would not prosecute Cosby. |
| Testifying for the defense, Castor said bringing charges back then essentially constituted a recipe for failure. | Testifying for the defense, Castor said bringing charges back then essentially constituted a recipe for failure. |
| “I did not think there was any possibility that the case would get better,” Castor testified. Because of a lack of physical evidence and witnesses, the year it took Andrea Constand to report to authorities, and possibly illegal wiretaps, he said, “there was no way the case could improve and get better with time, absent Mr. Cosby’s confession.” | |
| [Bill Cosby might have changed the way police investigate rape] | [Bill Cosby might have changed the way police investigate rape] |
| Castor argued that he believed the case would be better addressed in civil court where the entertainer could not plead the Fifth Amendment. Ultimately Constant brought a civil suit, but it was settled before trial under undisclosed terms. | Castor argued that he believed the case would be better addressed in civil court where the entertainer could not plead the Fifth Amendment. Ultimately Constant brought a civil suit, but it was settled before trial under undisclosed terms. |
| Under cross-examinion by Assistant District Attorney Stewart Ryan, Castor said there were “multiple inconsistencies” in her account and a jury would not have believed her. “That does not mean she was not telling the truth,” the former prosecutor said. “I believed Andrea Constand was inappropriately touched by Mr. Cosby, analyzing what I heard back in 2005.” | Under cross-examinion by Assistant District Attorney Stewart Ryan, Castor said there were “multiple inconsistencies” in her account and a jury would not have believed her. “That does not mean she was not telling the truth,” the former prosecutor said. “I believed Andrea Constand was inappropriately touched by Mr. Cosby, analyzing what I heard back in 2005.” |
| Cosby entered the majestic 1854 Montgomery County Courthouse in a green tweed suit, white shirt, suspenders and a tie with a geometric design. His entourage included a bodyguard with earpiece and dark wraparound glasses that were never removed during the morning’s proceedings as he stood sentry by a wooden exit door. | Cosby entered the majestic 1854 Montgomery County Courthouse in a green tweed suit, white shirt, suspenders and a tie with a geometric design. His entourage included a bodyguard with earpiece and dark wraparound glasses that were never removed during the morning’s proceedings as he stood sentry by a wooden exit door. |
| Prior to the hearing, Cosby was jovial, laughing with his attorneys, Washington civil lawyer Monique Pressley and Philadelphia criminal lawyer Brian McMonagle, the sole lawyer to question Castor on Tuesday morning. | Prior to the hearing, Cosby was jovial, laughing with his attorneys, Washington civil lawyer Monique Pressley and Philadelphia criminal lawyer Brian McMonagle, the sole lawyer to question Castor on Tuesday morning. |
| In court, Cosby was subdued, leaning in his chair, his thin cane draped over the back, his hand pressed to chin. | In court, Cosby was subdued, leaning in his chair, his thin cane draped over the back, his hand pressed to chin. |
| Castor, a dapper, swashbuckling and publicity-embracing former official, has rarely been accused of modesty. He took significant time to list various milestones in his career and describe his legal prowess. | Castor, a dapper, swashbuckling and publicity-embracing former official, has rarely been accused of modesty. He took significant time to list various milestones in his career and describe his legal prowess. |
| Local politics and an alleged decade-old verbal agreement between Castor and Cosby were central to the hearing. | Local politics and an alleged decade-old verbal agreement between Castor and Cosby were central to the hearing. |
| Cosby’s argument boils down to whether District Attorney Kevin Steele could legally file the charge he bought against Cosby in December, because Castor had reached an oral agreement not to prosecute Cosby. In their motion to dismiss the case, the comedian’s attorneys say that “to fulfill campaign promises, the newly-elected District Attorney has repudiated the agreement and has based these criminal charges on the very testimony Mr. Cosby gave in reliance on the Commonwealth’s non-prosecution agreement.” | Cosby’s argument boils down to whether District Attorney Kevin Steele could legally file the charge he bought against Cosby in December, because Castor had reached an oral agreement not to prosecute Cosby. In their motion to dismiss the case, the comedian’s attorneys say that “to fulfill campaign promises, the newly-elected District Attorney has repudiated the agreement and has based these criminal charges on the very testimony Mr. Cosby gave in reliance on the Commonwealth’s non-prosecution agreement.” |
| Montgomery County is one of Pennsylvania’s most populous (and wealthiest) municipalities, yet at times it seems like a very small place. The current and past top prosecutors know each other well. | Montgomery County is one of Pennsylvania’s most populous (and wealthiest) municipalities, yet at times it seems like a very small place. The current and past top prosecutors know each other well. |
| District Attorney Steele, a Democrat, took office in January. He was first assistant to Risa Vetri Ferman, who charged Cosby in December, days before the 12-year statute on filing felony charges expired. | District Attorney Steele, a Democrat, took office in January. He was first assistant to Risa Vetri Ferman, who charged Cosby in December, days before the 12-year statute on filing felony charges expired. |
| Ferman, a Republican and now a county judge, was first assistant to Castor, who declined to charge Cosby in 2005. | Ferman, a Republican and now a county judge, was first assistant to Castor, who declined to charge Cosby in 2005. |
| [Bill Cosby’s legacy, recast: Accusers speak in detail about sexual-assault allegations] | [Bill Cosby’s legacy, recast: Accusers speak in detail about sexual-assault allegations] |
| Castor, a Republican, ran against Steele in November for his old job. The debate as to whether to charge Cosby became a central issue in the election and garnered national attention. Steele ran an ad claiming “Bruce Castor was not looking out for the victims.” | Castor, a Republican, ran against Steele in November for his old job. The debate as to whether to charge Cosby became a central issue in the election and garnered national attention. Steele ran an ad claiming “Bruce Castor was not looking out for the victims.” |
| Castor has publicly voiced doubts about his earlier decision. After a decade-old deposition in Constand’s civil suit became public in July, Castor told The Washington Post that if Cosby had lied under oath in his jurisdiction, “I would arrest him. . . . If not, I would send the findings to the D.A. of that county to make the decision.” | Castor has publicly voiced doubts about his earlier decision. After a decade-old deposition in Constand’s civil suit became public in July, Castor told The Washington Post that if Cosby had lied under oath in his jurisdiction, “I would arrest him. . . . If not, I would send the findings to the D.A. of that county to make the decision.” |
| In October, Constand filed a defamation suit against Castor claiming the former D.A. informed the media of his decision not to prosecute before telling her, the rare Cosby-related case where the entertainer is neither plaintiff nor defendant. | In October, Constand filed a defamation suit against Castor claiming the former D.A. informed the media of his decision not to prosecute before telling her, the rare Cosby-related case where the entertainer is neither plaintiff nor defendant. |