Newly elected District Attorney Kevin Steele has argued a non-prosecution agreement never existed, saying in legal filings his office has no such documentation and can’t find anyone who does.
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Actor and comedian Bill Cosby, center, arrives for 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.
Voice of America reported that Castor testified that his decision not to bring criminal charges against Cosby was because of a serious defect in the case.
The judge said he expects to make a decision on whether or not to proceed with charges against Cosby sometime Wednesday.
A former prosecutor is expected to be a key witness when lawyers for Bill Cosby ask a Pennsylvania judge to dismiss the only criminal case lodged against him.
The former DA said he “wanted there to be some measure of justice” for Constand, explaining, “I thought making Mr. Cosby pay money was the best I was going to be able to set the stage for”.
“Mr. Cosby was not getting prosecuted at all – ever – as far as I was concerned”, Castor said.
Current prosecutors reopened the investigation last July after Cosby’s deposition connected to the 2005 civil suit was unsealed by a judge. Castor has insisted that he worked out an oral “non-prosecution” agreement in 2005 with Walter M. Phillips Jr., a Cosby lawyer who died past year.
Goins said she felt dizzy and sick after Cosby gave her a drink and escorted her to a room, where she lost consciousness and awoke naked with Cosby licking her toes.
“The matter was resolved and I am hopeful that I had made Ms Constand a millionaire”, the former prosecutor added.
Constand reported the case about a year after the alleged assault; Cosby settled a civil suit with her just after Castor announced he was not prosecuting the comedy legend.
O’Neill questioned Castor why he didn’t put the non-prosecution decision in writing, for example in the form of an immunity agreement.
“There is one thing we can all agree on”, Tayback said.
Cosby, who has repeatedly denied wrongdoing, sat still and silent through Wednesday’s court hearing and offered no visible reaction to O’Neill’s early evening decision.
Bill Cosby accuser Chloe Goins dismissed her lawsuit against the comedian on Tuesday.
“For all time, yes”, Castor said when pressed.
In December, a new prosecutor reversed course and charged Mr Cosby with sexually assaulting a woman in 2004.
Cosby’s legal team wants this part of the case tossed, because his former attorney (now deceased) struck this deal was Castor.
More than 50 women have accused Cosby of sexually assaulting them in attacks dating back to the 1960s, and several civil lawsuits have been filed against him though numerous incidents are too old to prosecute.
Cosby is charged with aggravated indecent assault, and faces up to ten years behind bars if the case goes to trial.
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Castor said Constand’s delay was of “enormous significance” in his consideration of the case.
