Former DA Testifies Bill Cosby Can’t Be Prosecuted
Judge could rule on Cosby bid to toss sex-assault charges The Los Angeles County District Attorney’s Office declined to file criminal charges in the case at the end of past year (15), and now Goins herself has ended her legal action.
Defense attorney Brian McMonagle is arguing the district attorney’s office can not prosecute Cosby because former District Attorney Bruce Castor stated in a press release charges will not be filed over a lack of credible evidence.
Tuesday’s proceedings left Judge Steven T. O’Neill puzzled over the testimony of former Montgomery County District Attorney Bruce Castor as he wrapped up his defense.
Bill Cosby came to court Tuesday dressed for success… a successful argument he hopes his lawyers can make to make his criminal sexual assault case go away.
District Attorney Kevin Steele said that the 2005 supposed no-prosecution deal – which was never put in writing and was only alluded to in a press release – ran afoul of the law and was a misuse of authority.
USA Today said that today, on the second day of testimony, Bill Cosby’s fate could be decided.
On Tuesday, much-loved entertainer Bill Cosby appeared at Montgomery County Court in Morristown, Pa. Facing charges of sexual assault, Mr. Cosby attended a pretrial hearing hoping to persuade a judge to dismiss charges against him.
“A promise of a prosecutor- even an oral promise -is one that is absolute, 100 percent enforceable”, said Christopher Tayback.
Cosby – cane in hand – was gingerly guided into the courthouse by 2 bodyguards. “There was no way the case could get better over time, absent Mr. Cosby confessing”.
This comes as a small victory for Cosby accusers after another alleged victim dropped her lawsuit on Tuesday as well. He essentially conceded that the only reason Cosby testified in Constand’s subsequent 2005 civil suit – the testimony that new prosecutors are now using to charge him – was because he took any potential prosecution off the table.
Castor suggested that Cosby and his then-lawyer, Walter Phillips, had the same understanding because the comic later agreed to testify without invoking his Fifth Amendment right against self-incrimination in a lawsuit brought against him by Constand.
Chloe Goins, the former model who alleged Bill Cosby drugged and sexually assaulted her at a Playboy Mansion party in 2008 has abandoned her civil lawsuit against the comedian, PEOPLE confirms.
According to an affidavit, Constand alleged Cosby drugged and sexually assaulted her in his Pennsylvania home in early 2004 after inviting her there to discuss her professional future.
“I knew I had bound the commonwealth as a representative of the sovereign”, Castor said. In that deposition, Cosby gave damaging testimony, allegedly admitting he obtained Quaaludes to give to women with whom he wanted to have sex.
Castor defended his decision not to bring charges, citing among other things Constand’s yearlong delay in reporting the allegations, her continued contact with Cosby, and suggestions that she and her mother might have tried to extort the TV star.
“I thought Mr Cosby wanted his day in court and now he’s wanting to avoid his day in court”, Allred said on Tuesday. He said he reached into her trousers but insisted it was consensual. While Ferman’s name was mentioned several times it’s unclear if Ferman, who is now a county judge, will be called to testify at the hearing when it resumes Wednesday. Castor replied he didn’t believe that was appropriate given all the circumstances of the case.