Bill Cosby will face a challenge on Wednesday from Pennsylvania prosecutors, who have charged him with sexually assaulting a woman a decade ago and are denying the comedian’s claim that he can not be prosecuted for the alleged crime.
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Former Montgomery County District Attorney Risa Vetri Ferman charged Cosby with aggravated indecent assault in December. Bruce Castor had made a deal with the entertainer’s lawyer years ago that Cosby wouldn’t be prosecuted.
The former DA said he made the no-prosecution commitment in hopes of prodding Cosby to testify in Constand’s lawsuit without invoking his Fifth Amendment right against self-incrimination.
Cosby’s lawyer said that he never would have let Cosby be deposed if there was potential that he would be criminally prosecuted.
Cosby admitted in the deposition that he had a series of affairs with young models and actresses; had obtained quaaludes to give women before sex; and gave accuser Andrea Constand three pills before a January 2004 encounter at his home.
But Cosby’s criminal case has only begun.
William Thomas Cain Media members gather outside the courthouse, where after two days of hearings a judge overturned an 11-year-old deal that had spared Cosby from prosecution in the alleged felony sexual abuse.
Stopping short of calling his decision an “agreement”, Castor claimed he alone as a “sovereign” entity, an aspect of common law, had the authority to make a binding decision.
Cosby’s lawyers tried to get the case thrown out with help from Castor, who testified at this week’s hearing that he meant to forever close the door on prosecuting the comedian.
A U.S. judge paved the way yesterday for disgraced TV legend Bill Cosby to stand trial on a sexual assault charge dating back more than a decade, throwing out an attempt by his lawyers to dismiss the case.
In 2004, Cosby, 78, was accused of drugging and sexually assaulting Andrea Constand, a former Temple University employee, though he has said the instance in question was consensual, USA Today reported. Constand and Cosby settled the civil case against Cosby for an undisclosed amount of money. He could be sentenced to up to 10 years in prison if convicted.
Castor testified he made the decision after becoming concerned about evidentiary issues during the 2005 investigation.
Kevin Steele, who defeated Castor in the November election to succeed Ferman, argued that Cosby needed an immunity agreement – in writing – to avoid prosecution.
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But Castor told Cosby’s attorneys Tuesday: “I’m not on your team”. Castor said that Cosby’s lawyer – Walter Phillips – told him that Constand and her mother were trying to get money from Cosby in exchange for not going to police.
