The former district attorney, Bruce Castor, testified on Tuesday that he had declined to bring charges in 2005 that Cosby had assaulted Constand, a former employee at Cosby’s alma mater Temple University in Philadelphia, because he did not consider her case “viable”.
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A press release issued by former Montgomery County District Attorney Bruce Castor was read in court, in which Castor said Cosby would never be prosecuted was read out in court.
Bill Cosby, right, leaves after a court appearance Tuesday, Feb. 2, 2016, in Norristown, Pa. Cosby was arrested and charged with drugging and sexually assaulting a woman at his home in January 2004.
When the hearing resumed, current District Attorney Kevin Steele argued against Cosby’s motion to dismiss, saying that an immunity deal must be in writing – and since it wasn’t, it shouldn’t be considered in this case.
Castor said he hoped – correctly, it turned out – his ruling would prod Cosby to testify in the lawsuit and help Constand win damages.
It was the unsealing of the testimony from Constand’s lawsuit that prompted Castor’s successors to reopen the case and ultimately charge Cosby.
The judge set a March 8 preliminary hearing for prosecutors to begin to discuss their evidence against Cosby.
Meanwhile, in a separate case tied to an alleged encounter at the Playboy Mansion, Cosby on Tuesday was ordered to give a second deposition in a civil lawsuit filed by Judy Huth, who said she was 15 in 1974 when she claims Cosby sexually assaulted her at the mansion.
The case against 78-year-old Cosby largely hinges on the judge’s view of Castor’s statements about whether Cosby would face charges. He could be sentenced to up to 10 years in prison if convicted.
In the deposition, Cosby acknowledged obtaining quaaludes to give to women he wanted to seduce. He said he reached into her trousers but insisted it was consensual.
On Tuesday, Castor testified that as an elected representative of the state, he had the power to give Cosby a lifetime pass from prosecution.
His previous lawyer denied that Cosby was in Los Angeles at the time Goins said she was abused.
“While it is not unusual for criminal defense attorneys and prosecutors to enter into oral agreements – most commonly plea agreements – it is extraordinarily exceptional for them to engage in oral immunity agreements…the agreement would typically be stated orally into the record”, Tauber said. He said the statements from other alleged victims were “very old” and noted that these individuals “had never gone to police”.
Judge Steven T. O’Neill said he hoped to rule Wednesday on the request to throw out the charges.
A spokesman for Cosby’s legal team, Andrew Wyatt, told CNN his attorneys would appeal the judge’s determination. He testifies on Tuesday.
Castor said he found serious flaws in the case in 2005 and declined to bring charges.
The defense must be able to show a contract or a non-prosecution agreement, and the press release was not enough, Steele said, adding, “There was no agreement”.
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That same day, Cosby’s legal team also claimed that in 2005 he made a deal to testify in a civil case in exchange for not being prosecuted. “… I made the decision as the sovereign that Mr. Cosby would not be prosecuted, no matter what”.
