Bill Cosby arrives for 2nd day of proceedings
In the end, Castor says he sides with the prosecution, and it’s unclear why he thought of entering into such a deal with Bill Cosby.
A judge has ordered Bill Cosby to undergo another deposition in a lawsuit alleging the comedian sexually abused a woman when she was underage.
Constand’s allegations are the only ones to have resulted in criminal charges against Cosby, although he also faces a series of civil lawsuits related to alleged rapes.
On Tuesday, the 78-year-old’s legal team brought key witness Castor to the stand where he testified about this “no-prosecution” deal and why he didn’t pursue criminal charges against Cosby back in 2005. But Castor says he’s never seen that.
The unsealing of the testimony from Constand’s lawsuit prompted Castor’s successors to reopen the case and ultimately charge Cosby.
“Making Mr Cosby pay money to Ms Constand was the best I would be able to set the stage for because a prosecution was not viable and never would be”, Castor said during a hearing in a suburban Philadelphia court.
Cosby and his representatives have consistently denied all allegations of sexual assault or misconduct made against him by more than 50 women.
“They are using basic elements of contract law (offer, acceptance, reliance) and combining them with the inalienable constitutional rights that each and every criminal defendant enjoys to argue that the prior agreement between Mr. Castor and Mr. Cosby bars the prosecution in this case”, said the lawyer, who has offices in Philadelphia and Media.
Newly elected District Attorney Kevin Steele argues that no nonprosecution agreement ever existed, saying in legal filings the DA’s office has no documentation on it and they can’t find anyone who does.
Cosby is charged with drugging and violating former Temple University employee Andrea Constand in 2004.
And in his closing arguments Wednesday, Steele added that Castor had no authority to grant Cosby immunity through a press release in the first place.
The DA said in doing what he did, he had hoped his ruling would encourage Cosby to testify in the deposition and help Constand win damages.
Goins’ request to have her civil lawsuit dismissed “without prejudice” preserves her ability to re-file the case at a later date.
“I’m not on your team here”, Castor told Cosby lawyer Brian McMonagle.
Schmitt said the agreement with Castor never needed to be memorialized or documented in any other way than a 2005 press release by Castor. Schmitt acknowledges Cosby never invoked his Fifth Amendment right over four days of questioning. Drexel University has joined a number of other schools in rescinding an honorary degree awarded to Bill Cosby amid accusations of sexual assault.
Cosby arrived in a black SUV just before 9 a.m. Tuesday, dressed in a tan suit and tie. Based on that promise he sat for a deposition on Constand’s civil case where he admitted he had given her 3 half-pills of Benadryl before a 2004 sexual encounter.
Cosby’s lawyers want a judge to dismiss the felony case against Cosby.
O’Neill puzzled over the testimony of former District Attorney Bruce Castor and peppered him with questions as Castor wrapped up hours of testimony for the defense. The proceedings resume Wednesday morning. Numerous incidents are too old to prosecute. Huth claimed she was 15 in 1974 when the comic allegedly sexually assaulted her at the mansion.
Castor said Constand’s delay was of “enormous significance” in his consideration of the case.