Ex-DA says he believes Cosby violated accuser

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.

While testifying on Tuesday, Castor said he feared Constand’s credibility as a witness could have been undermined because she waited a year to file her criminal complaint against Cosby and hired a lawyer to explore a civil lawsuit.

He pointed out that it took Constand, a former director of operations for the Temple University women’s basketball team, a year to notify authorities after the alleged sexual abuse in January 2004.

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.

Cosby, 78, arrived for the second day of hearings on Wednesday dressed in a gray suit and could be seen smiling as an associate held his arm and helped him walk into the courthouse.

“The remarkable similarity of the pattern over the course of all those years, that is evidence that may well be relevant”, Hamilton said.

However, Castor said the two lawyers did not have “an agreement”.

Prosecutors Tuesday were building the case that this means criminal prosecution is still possible.

The Associated Press does not usually name people who say they are victims of sex crimes but Huth has given permission through her attorney to be publicly identified.

Without saying whether it was a good or bad decision, Judge O’Neill explored in more detail why Castor made the non-prosecution decision in the first place.

One wrinkle in this plan is that the deal between Castor and Cosby was a handshake sort of affair, and thus can’t be verified beyond the testimony of those involved.

“Can the defense convince a “by the book” judge like Judge O’Neill to dismiss the charges based upon this argument when there is not really a page in the “rulebook” that they can readily point to?” he said.

Castor told Walter Phillips, Cosby’s lawyer at the time who has since died, that Cosby would not be charged as long as he testified. The judge said he expects to make a decision on whether or not to proceed with charges against Cosby sometime Wednesday.

Goins said she felt dizzy and sick after Cosby gave her a drink and escorted her to a room, where she lost consciousness and awoke naked with Cosby licking her toes.

Castor added he thought the decision not to charge Cosby would strip him of the ability to plead the Fifth Amendment in the civil case.

Damaging testimony from Constand’s lawsuit was unsealed last summer, prompting Castor’s successors to reopen the case and ultimately charge Cosby. I want (the prosecutors) to win.

“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, with offices in Philadelphia and Media.

The dropped lawsuit comes from Chloe Goins a model who accused Cosby of sexually assaulting her in 2008 at the Playboy Mansion. She also claimed the comedian gave her pills and wine, which made her unresponsive and unable to move.

In related news, a Los Angeles judge ordered Cosby to attend another deposition in a lawsuit filed by a woman who says the comic forced her to perform a sex act on him at the Playboy Mansion around 1974, when she was 15.