Castor testified that he felt the promise not to prosecute – made to Cosby’s former lawyer, who has since died – would be binding on future Montgomery County prosecutors.
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In the deposition he admitted acquiring Quaaludes with the intent of giving them to young women he wanted to have sex with.
The judge threw that out too. The hearing ended early Wednesday night.
“The charge by the Montgomery County District Attorney’s office came as no surprise, filed 12 years after the alleged incident and coming on the heels of a hotly contested election for this county’s DA during which this case was made the focal point”, she said. Cosby is facing up to 10 years in prison if convicted. “There’s no other witness to the promise”, he told the defense.
Bill Cosby with his security outside yesterday’s hearing.
Cosby’s lawyers argued his case should be thrown out because of a deal with the previous district attorney handling the case.
Castor said Tuesday that he believed Constand’s story but that proving it would have been problematic because of serious flaws in the case, including what he called her inconsistencies and continued contact with Cosby.
William took a more laid-back approach in his dissent, discussing how Constand’s civil suit against Cosby, which was resolved in 2006 by way of a confidential settlement, fuels his skepticism over motivations to prosecute Cosby.
“A secret agreement that permits a wealthy defendant to buy his way out of a criminal case isn’t right”, Mr. Steele said, arguing that since the deal wasn’t set down in a formal non-prosecution agreement it lacked legal force. The judged will decide whether to dismiss the case. Cosby’s attorneys said he was promised then that criminal charges would never be filed.
Cosby, 78, is being charged with aggravated indecent assault; this is the only criminal case to transpire from the dozens of women who accused Cosby of drugging and sexually assaulting them. Schmitt acknowledges Cosby never invoked his Fifth Amendment right over four days of questioning.
“My client was deeply hurt by the manner in which she had been treated by district attorney Castor”, she said.
The defense wants a judge to dismiss the charges.
A sexual assault case against Bill Cosby will move forward, a judge ruled on Wednesday.
Fans gathered outside the Norristown, Pa., courthouse to greet the frail funnyman as two assistants led him slowly into the building.
The former Temple University athletic department employee alleged that Cosby plied her with alcohol and drugs before raping her at the suburban residence.
“The chances of a trial are great because Bill Cosby is not taking a plea, (Steele) is not offering a plea that Bill Cosby would even consider, and there is legally sufficient evidence to charge him based on the testimony of (Constand) alone”, says NY defense attorney Stuart Slotnick, who’s been following the case.
Judge Steven O’Neill denied their request, saying that he found “no basis to grant the relief request” by the attorneys. The proceedings resume Wednesday.
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She gave “inconsistencies” in different accounts of what happened, he said. That suit was settled for an undisclosed amount, per the AP.
