A suburban Philadelphia judge might 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 a decade ago.
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The case continues Wednesday, but it is not clear if a ruling on the issue will come from the bench, or if Common Pleas Court Judge Steven T. O’Neill will issue a written opinion later.
Cosby was charged in December with drugging and violating former Temple University employee Andrea Constand in 2004.
If convicted of aggravated indecent assault, Cosby faces five to 10 years in prison.
There was Bruce Castor, there was Bill Cosby’s criminal lawyer and there was Andrea Constand’s lawyer.
Castor found the case too weak to prosecute in 2005, but Steele’s office reopened the investigation last summer, after the comedian’s damaging, decade-old testimony from Constand’s civil case was unsealed and dozens of other women came forward to accuse Cosby of assaulting them.
Castor testified for most of the morning, stating at one point that he believed in 1995 that the case under which Cosby has now been indicted was “weak”. He said that as district attorney, he considered the decision final and binding “for all time” on his successors. “Really what we’re talking about here is honouring a commitment”.
“I never made a deal that involved criminal cases that was not in writing”, Lynne Abraham, a longtime judge and district attorney in Philadelphia, said Monday.
Mr Steele said Mr Cosby needs an immunity agreement for the case to be tossed out.
“Mr Phillips never agreed to do anything in exchange for Mr Cosby not being prosecuted”, Mr Castor said.
Castor cited his suspicions of Constand as he testified for Cosby at a hearing, Tuesday in Pennsylvania.
Cosby said in the deposition that he obtained quaaludes to give to women he wanted to have sex with and gave the accuser three pills at his home. “Every person has a right to consult with a civil attorney if she or he believes that that individual has been a victim of a crime”.
Attorney Dolores Troiani contradicted some of the former district attorney’s testimony.
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.
She testified they didn’t want any money, only an apology, as well as that it was Cosby who introduced financial considerations into their discussions, hoping to avoid criminal prosecution. “That same prosecutor is the former boss of the prosecutor who is bringing the current charges as well as his political adversary”, concluded Tauber.
Prosecutors in Los Angeles decided last month not to file criminal charges against Cosby over her claims, noting that some details could not be corroborated. Huth’s attorney, Gloria Allred, first deposed Cosby in October 2015.
Cosby has yet to have his preliminary hearing and formal arraignment in the case.
Steele further questioned Castor’s credibility.
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But even if the judge rules in favor of the defense, that doesn’t mean it’s over.
