Model drops sex abuse lawsuit against Bill Cosby
Bill Cosby arrived Tuesday morning at a Pennylvania courthouse where his lawyers will ask a judge to dismiss a criminal charge alleging that he sexually assaulted a woman in 2004. As the New York Times reports, it was not Castor’s aim to prevent future prosecution should new evidence emerge, but “in recent emails and other statements, [Castor] said his decision had led Mr. Cosby to testify freely” in Constand’s civil suit, “and therefore that testimony can not be part of the evidence now being used against him”.
Castor testified that when he heard speculation previous year that Ferman might charge Cosby, he reminded her by email that he’d already committed the state to not prosecuting the comedian.
If convicted, Cosby could face as many as 10 years in prison and a ,000 fine, the District Attorney said.
Cosby’s legal team will argue that the charges should be dismissed because of a deal in 2005, when Castor says he agreed that if Cosby agreed to answer questions in the Constand deposition, Castor would agree not to prosecute Cosby based on the deposition. Castor assured voters that he would try to bring perjury charges against Cosby: “What I would do is I would get those depositions”.
“The matter was resolved, and I was hopeful I made Miss (Andrea) Constand a millionaire”, Castor testified Tuesday during a motion hearing in Norristown.
Defense attorneys admit in court documents the nonprosecution agreement was never put in writing and Cosby’s attorney who allegedly negotiated the deal is now dead.
Cosby was deposed in the case in October in Boston. He acknowledged sexual contact with Constand but said it was consensual.
In a barrage of allegations that have destroyed Cosby’s image as America’s Dad, dozens of women have accused the former TV star of drugging and sexually assaulting them since the 1960s. He has said he has no evidence one exists.
Cosby’s argument boils down to whether District Attorney Kevin Steele could legally file the charge he bought against Cosby in December, because Castor had reached an oral agreement not to prosecute Cosby. It’s unclear when Common Pleas Judge Steven T. O’Neill will rule. A judge Tuesday ordered him to attend a second deposition and respond to questions from her lawyers.
“I decided that there was insufficient credible evidence on which any charge related to Mr. Cosby as alleged by Ms. Constand could be proven beyond a reasonable doubt”, Castor said.
In California, Cosby is being sued by Riverside County resident Judy Huth, who claims the comedian forced her to perform a sex act on him at the Playboy Mansion in the early 1970s, when she was 15 years old.
Constand’s lawyers also say they knew nothing about a non-prosecution deal.
“I did not believe it was just to go forward with the criminal prosecution, but I wanted there to be some measure of justice” for Constand, Castor said.
Gloria Allred, an attorney for more than half of the women who alleged that Cosby committed sexual crimes against them, released a statement to Business Insider questioning why a district attorney would be anxious about a potential civil case.
Castor testified he assigned his “best people” to investigate the allegations against Cosby because he wanted to show Canadian authorities that he took investigating a celebrity seriously.