Judge refuses to throw out Bill Cosby case
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. But the statute of limitations for prosecuting him has run out in almost every instance. They said they found out he decided not to prosecute Cosby when the press showed up at their door.
“A secret agreement that permits a wealthy defendant to buy his way out of a criminal case isn’t right”, new district attorney Kevin Steele said. “There’s no contract in this”.
Both Steele and Christopher Tayback – the former Los Angeles County prosecutor who replaced Marty Singer on Cosby’s team in the fall – offered arguments before Judge Steven O’Neill, who is likely to offer a ruling on the dismissal hearing Wednesday afternoon. Phillips has since died and Castor was the prime defense witness regarding the alleged promise.
Steele mounted a case that such a commitment was never actually made and also questioned Castor’s ability to make it in any event.
On Tuesday, Castor testified that as an elected representative of the state, he had the power to give Cosby a lifetime pass from prosecution.
The judge said he struggled to find similar cases where a suspect who was never charged received a promise that he would never be prosecuted. “And you have to understand what happened with Mr. Castor, that was a major issue”.
Update: December 30, 2015: Bill Cosby arrived at his arraignment at the small courthouse in Elkins Park, PA, at 2:30 on Wednesday afternoon accompanied by his lawyer.
Cosby gave the deposition in 2005 and was just released previous year to the public after U.S. District Judge Eduardo Robreno unsealed it. In the deposition, Cosby admitted that he gave Quaaludes to one woman in the past.
Schmitt testified that would not have allowed Cosby to give the deposition if he had not been sure it could not be used against his client. In 2005, Cosby testified in a civil suit against him.
Disgraced TV legend Bill Cosby was back in court Tuesday with his lawyers fighting to dismiss the first criminal charge filed against him among dozens of allegations of sexual assault spanning four decades.
Constand settled the civil suit against Cosby in 2006. “Because they didn’t have it”, Steele argued.
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. According to Ferrier, she woke up in the back of her vehicle with her clothes tangled about. “This was very, very emotional for her. Yes, I’m passionate about it and I’m still furious about it”, Troiani testified. Within a half hour, Constand experienced “blurred vision and difficulty speaking”, the complaint said. Cosby has been ordered not to contact Constand, and he has surrendered his passport. Chloe Goins, now 24, had alleged Cosby sexually assaulted her at the Playboy Mansion in 2008.