A judge will decide whether to dismiss a sexual assault case against the comedian over an unwritten promise of immunity that a former prosecutor says he gave Cosby’s now-deceased lawyer. The two-day hearing reviewed Castor’s 2005 agreement and other arguments on the new defense. Castor also testified that phone calls made by Cosby to Constand and recorded by her “could be construed as incriminating”, but that he didn’t believe they would be admissible in a court case. “I was hopeful that I had made Ms. Constand a millionaire”. Well, sort of. Earlier this week, Cosby and his legal team attempted to have that charge dropped.
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Cosby, who has repeatedly denied wrongdoing, sat still and silent through Wednesday’s court hearing and offered no visible reaction to Judge O’Neill’s decision. Andrea Constand, then a Temple University basketball administrator, alleged that Cosby had drugged and sexually assaulted her in 2004.
The case against 78-year-old Cosby largely hinges on the judge’s view of Castor’s statements about whether Cosby would face charges.
In an interesting twist, Castor said he made the deal in an attempt to secure a better settlement agreement for Constand, who had filed a civil suit against Cosby.
The judge also denied a defence request to disqualify the prosecutor from the case.
They accuse Cosby of fondling the woman and penetrating her with his fingers.
Bruce Castor, a former Montgomery County District Attorney, testified yesterday why he didn’t charge Cosby when the alleged incident happened more than 10 years ago.
At issue will be whether a civil deposition Cosby gave can be used in the criminal case.
Attorneys for Cosby had argued that the entertainer could not be prosecuted due to an agreement reached with a former Montgomery County district attorney.
Meanwhile, Constand’s lawyer, Dolores Troiani, claimed she was blindsided by the revelation of a secret no-prosecute deal, saying the first she heard of it was in a press release yesterday.
While more than 50 woman have accused Cosby of drugging and sexually assaulting them since the 1960s, the statute of limitations for prosecuting him has run out in almost every instance. Castor maintained on the witness stand Tuesday that there was insufficient evidence to prosecute Cosby in 2005. Cosby posted bail of $1 million on December 30.
He did add that, although his testimony could only help Cosby’s case, he’s hoping for the prosecution to win.
As a result of the judge’s ruling, Cosby will be tried before a jury on charges of indecent felony assault.
The current DA, Kevin Steele, has argued that Castor’s 2005 decision is not binding on current prosecutors.
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Cosby answered questions for four days, and settled out of court with Constand in 2006.
