The defense team said the press release served as promise that the district attorney’s office would never pursue criminal charges against Cosby in this case, and by making this statement, they stripped him of his Fifth Amendment rights, forcing him to testify in a civil case.
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O’Neill’s decision came after hearing two days of testimony concerning Cosby’s claim that he had a valid nonprosecution promise from former District Attorney Bruce L. Castor Jr.
O’Neill ruled Wednesday that sexual assault charges against the 78-year-old comedian are warranted, dismissing arguments by Cosby’s lawyers that the charges should be dropped. The comedian could face up to 10 years in prison if convicted. Without that deal in place, argued Cosby’s lawyers, he never would have given the deposition.
“There was no other written agreement”, Schmitt said.
A key battle will be waged over deposition testimony by actor Bill Cosby as a sexual assault case against him moves forward.
The decision, Castor said, was made to create an atmosphere that would induce Cosby to testify in Constand’s civil litigation against him and allow Constand to prevail civilly and “make a lot of money”.
Cosby has yet to have his preliminary hearing and formal arraignment in the case.
More than 50 women have accused the once-celebrated entertainer, whose long career was based on family-friendly comedy, of sexually assaulting them in attacks dating back to the 1960s.
Attorneys for Cosby had argued that the entertainer could not be prosecuted due to an agreement reached with a former Montgomery County district attorney.
Constand attorneys have denied they were aware of or entered into this agreement, and Constand has filed a defamation suit against Castor for his claims, the Inquirer reported.
In a deposition made during a civil lawsuit, Cosby admitted to giving Constand three quaaludes but insisted the sexual contact was consensual. The Pennsylvania case is the only incident for which Cosby has been criminally charged.
Cosby is accused of drugging and violating the former Temple University athletic department employee at his suburban Philadelphia mansion in 2004.
O’Neill rejected Cosby’s attempt to get the case thrown out on those grounds. But the statute of limitations for prosecuting him has run out in almost every instance.
He said he was referring in some passages to bringing charges against Cosby in connection with other women and other crimes – but not in connection with the Constand encounter in January 2004.
This week, his lawyers argued that the 2006 settlement established immunity for Cosby from criminal charges.
While Castor was called as witness by Cosby’s side, the former DA said he is rooting for the prosecution. Castor told the court that Constand had “ruined her credibility” by going to a lawyer and that the civil agreement offered the best possible justice.
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The allegations against Cosby are “pretty far fetched”, Brach said.
