Cosby’s criminal trial will proceed

But Wednesday’s ruling by Montgomery County Judge Steven O’Neill – rejecting Cosby’s motion to dismiss the charges of felony indecent sexual assault – covered only the question of whether Cosby received a valid “no-prosecution” deal from ex-District Attorney Bruce Castor in 2005.

As such, when Cosby and Constand settled in civil court the following year, Cosby testified “freely” because, as Cosby’s lawyers tell it, Castor assured Cosby that he would not be prosecuted in the Constand case.

Kevin Steele, who defeated Castor in the November election to succeed Ferman, argued that Cosby needed an immunity agreement – in writing – to avoid prosecution.

In his deposition, Cosby admitted that he had affairs with young models and actresses, that he obtained quaaludes to give to women he wanted to have sex with and that he gave Constand three pills at his home. He said the agreement not to bring forth charges would last “for all time, yes”. The next step is a hearing on March 8 when the court will begin determining if there’s actually enough evidence to put Cosby on trial.

The 1980s series The Cosby Show, in which he played a successful doctor, was television’s highest-rated program for a number of years, but is scarcely seen in rebroadcasts.

Castor testified that he had determined the criminal case against Cosby was weak and unlikely to succeed and that it would be better to have the comedian testify freely in a civil case filed by the plaintiff.

More than 50 women have accused the once-celebrated entertainer, whose long career was based on family-friendly comedy, of sexually assaulting them in attacks dating back to the 1960s.

He did add that, although his testimony could only help Cosby’s case, he’s hoping for the prosecution to win.

“The judge clearly made the right decision on both the facts and the law when he chose to allow the criminal case against Bill Cosby to move forward”. The TV star could get up to 10 years in prison if convicted but has always denied the charges.

“A promise of a prosecutor, even an oral promise, is one that is absolute, 100 percent enforceable”, argued Cosby lawyer Christopher Tayback.

Cosby’s attorneys can appeal, but they haven’t said if they plan to yet.

“My client was deeply hurt by the manner in which she had been treated by district attorney Castor”, she said.

“My understanding of the press release was that he was not going to prosecute at this time, but if there was additional information, he would change his mind”, she testified.

Neither did the group of supporters who cheered him on, saying, “We love you, Bill!” Castor insists he had a weak case and steered the matter to civil court in 2005. He testified that in deciding not to charge Cosby, he meant to forever close the door on prosecuting the comedian.