Cosby lawyer says he would have blocked rape deposition without deal

Cosby is charged with aggravated indecent assault, and accused of drugging and molesting Constand.

Montgomery County Court Judge Steven O’Neill made his ruling on Wednesday and stated, “I hereby find no basis to grant the relief requested”, refusing to throw out the case against Cosby.

The case, in which former Temple University employee Andrea Constand accuses the TV star of assaulting her in his home in 2004, will go forward.

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.

Cosby’s lawyers said they never would have let him testify if they didn’t believe criminal charges were off the table.

Cosby said in the deposition that he obtained quaaludes to give to women he wanted to have sex with and gave the accuser three pills at his home. Michelle Dempsey, a professor at the Villanova Law School and adviser to the Villanova Law Institute to Address Commercial Sexual Exploitation, says the dozens of other accusations against Cosby are powerful “evidence” beyond the deposition.

The current DA, Kevin Steele, has argued that Castor’s 2005 decision is not binding on current prosecutors.

Cosby held his head in his hands after the ruling, then left the courtroom, using a cane to descend the ornate marble staircase.

The focus now turns to a question about whether a deposition Cosby gave in a 2005 civil case filed by Ms. Constand can be used in the criminal case.

In an interesting twist, Castor said he made the deal in an attempt to secure a better settlement agreement for Constand, who had filed a civil suit against Cosby.

The comedian’s defense attorneys argued Castor’s promise should still hold up, saying, “When a prosecutor gives his word, that’s something that is enforceable”. This is the only case in which he has been charged.

The case against the 78-year-old Cosby largely hinges on the judge’s view of Castor’s statements about whether Cosby would face charges.

Cosby supporter Maurice Brach, 33, of Norristown, said he hopes all works out for the comedian, whom he has watched on television since he was a kid.

“This is a significant step forward for victims of sexual violence”, she said. ‘I think Andrea is a liar and I know she’s a liar because I was there.

Schmitt took the stand on Day 2 of a bid by the TV star’s lawyers to get the sexual assault charges against Cosby thrown out. Castor said that Cosby’s lawyer – Walter Phillips – told him that Constand and her mother were trying to get money from Cosby in exchange for not going to police.

Judge O’Neill concluded the promise was never made in writing and was a misuse of authority anyway.