Castor testified for almost seven hours Tuesday, saying in February 2005 he promised not to prosecute Cosby – ever – if he did not invoke his 5th amendment rights not to incriminate himself in a not-yet filed civil suit.
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He did add that, although his testimony could only help Cosby’s case, he’s hoping for the prosecution to win.
The judge told a hearing in Norristown, just outside Philadelphia, Pennsylvania, there was “no basis to grant the relief requested” by Cosby.
Prosecutors argued that the comedian does not have a valid immunity deal.
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.
Cosby’s lawyers had argued for two days during a pretrial hearing that a criminal case had been barred by a promise made in 2005 by then-District Attorney Bruce Castor never to prosecute the renowned entertainer. The hearing ended early Wednesday night. The TV star could get up to 10 years in prison if convicted but has always denied the charges.
Cosby is charged with drugging and assaulting a former Temple University employee in 2004.
Constand is now one of almost 60 women who have accused Cosby of sexual assault over the course of several decades.
Cosby’s attorney said her client and the alleged victim had a consensual relationship and she’s confident he’ll be cleared of any wrongdoing.
The woman, Andrea Constand, now 44, has said Cosby plied her with alcohol and drugs before raping her. It’s the first time Cosby has faced charges despite years of similar accusations.
Those charges are based on a newly released deposition from Constand’s lawsuit.
“I thought making Mr. Cosby pay money was the best I was going to be able to set the stage for”, he said. Castor testified on Monday that after he reached this legal analysis – that his decision not to prosecute meant Cosby would have to testify in the civil suit – he made it public in a signed press release, and shared his opinion with Cosby’s attorney Wally Phillips, who has since died.
O’Neill also said if the case moves toward a trial, Cosby’s attorneys could “move to suppress” Cosby’s deposition for 2006 in which he said he obtained Quaalude in the 1970s “to give to women he wanted to have sex with”, the Associated Press previously reported.
Castor tried to make a comeback as DA last fall but lost to Steele in a hotly contested race, during which Steele ran ads criticizing Castor for not prosecuting Cosby when he had the chance.
During direct examination, the prosecution attempted to demonstrate that no mention was made at any point during the deposition about any immunity Cosby might have from prosecution. Her attorney, Spencer Kuvin, filed paperwork in federal court Tuesday dismissing the case “without prejudice”, meaning the case could be re-filed.
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Cosby was charged with a felony December 30 in the incident where the sweater-wearing comedy icon gave Andrea Constand three pills inside his suburban Philadelphia estate in 2004.
