On cross examination, District Attorney Kevin Steele attacked the idea that Cosby’s lawyers would allow a deal that was never spelled out in a formal non-prosecution agreement.
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Cosby is charged with aggravated indecent assault, a second-degree felony, for a 2004 encounter involving drugs and alcohol with former Temple University basketball staffer Andrea Constand.
The charge came after U.S. District Judge Eduardo Robreno unsealed a civil deposition in the Constand case, where Cosby admitted that he gave Quaaludes to one woman in the past.
Defense attorney Brian McMonagle is arguing the district attorney’s office can not prosecute Cosby because former District Attorney Bruce Castor stated in a press release charges will not be filed over a lack of credible evidence.
A suburban Philadelphia judge hopes to decide whether to dismiss a sexual assault case against actor Bill Cosby over an unwritten promise of immunity a former prosecutor says he gave Cosby’s now-deceased lawyer.
He appeared in a Pennsylvania courtroom where his lawyers sought a dismissal of criminal charges against him while lawyers in Santa Monica, California, argued he shouldn’t have to sit for another deposition in the civil case. Castor, who declined to arrest Bill Cosby on sex-crime charges a decade ago, testified Tuesday that he believes his decision shields the comedian from ever being prosecuted in the case.
The hearing began at 9 a.m. today, no conclusion has been reached.
The attorney for the alleged victim said in court Wednesday that her client was deeply hurt by the manner in which she was treated by Castor.
Castor testified investigators determined Constand had several phone conversations with Cosby in the year after she alleged she had been sexually assaulted by the comedian at his Cheltenham home.
Attorney John Schmitt said it was his understanding that Cosby could never be prosecuted in relation to the Constand case.
“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.
According to the Inquisitr, in addition to Bill Cosby testifying, Camille Cosby has her own set of hearings, and she must testify about her interactions during the time Bill Cosby was accused.
“If there was an agreement, why didn’t you make that agreement in writing?” the judge asked Castor. Constand eventually settled for an undisclosed sum.
In a barrage of allegations that have destroyed Cosby’s image as America’s Dad, dozens of women have accused the former TV star of drugging and sexually assaulting them since the 1960s.
Cosby is charged with drugging and assaulting a former Temple University employee in 2004.
Cosby and his representatives have consistently denied all allegations of sexual assault or misconduct made against him by more than 50 women.
He said he wanted to use the agreement to force Cosby to testify in Constand’s civil case without invoking his Fifth Amendment right against self-incrimination.
Castor testified that when he heard speculation past year that Ferman might charge Cosby, he reminded her by email that he’d already committed the state not to prosecute the comedian.
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Bill Cosby is expected to be back in court Wednesday in an attempt to throw out a criminal proceeding against the legendary comic.
