Prosecutor had no power to make Cosby deal

A California judge on Tuesday ordered Cosby to give a new deposition in a separate civil lawsuit brought by a woman who accused him of sexually assaulting her at the Playboy Mansion in 1974, when she was 15 years old. “If O’Neill denies the prosecution’s request, the hearing will continue Wednesday afternoon with the prosecution presenting its case that there is no such agreement”.

Most of the back-and-forth in court hinged on the wording and interpretation of a 2005 press release in which Castor announced he would not prosecute Cosby. The flirting – some would say grooming – began nearly immediately.

As a result, Castor said he opted to not prosecute Cosby in 2005.

Bill Cosby was well on his way to becoming a national pariah for his alleged sexual misconduct when the Smithsonian launched an exhibit funded by Cosby and his wife that showcases art from their private collection.

Actor and comedian Bill Cosby, center right, arrives for a court appearance Wednesday, Feb. 3, 2016, in Norristown, Pa. Cosby was arrested and charged with drugging and sexually assaulting a woman at his home in January 2004.

A judge has refused to throw out the sex assault case against Bill Cosby, sweeping aside a former district attorney’s claim that he granted the comedian immunity from prosecution a decade ago.

Cosby, 78, was arrested and charged in the Constand case in December by Castor’s successors, who reopened the investigation after portions of the deposition were unsealed last summer and dozens of women came forward to say he assaulted them. This is the only case in which he has been charged.

They say then-district attorney Bruce Castor gave Cosby immunity from prosecution in the case a decade ago.

Castor’s pledge not to prosecute Cosby was not negotiated with the comedian’s attorneys, and was never put in writing.

“A secret agreement that permits a wealthy defendant to buy his way out of a criminal case isn’t relevant”, Steele said. They contend that then-District Attorney Bruce Castor’s 2005 decision not to prosecute bars his successors from filing charges.

“This prosecution should be stopped in its tracks”, said Cosby lawyer Christopher Taybeck. “Really what we’re talking about here is honoring a commitment”.

O’Neill said he would consider that request, but didn’t promise to rule right away.

A Pennsylvania judge ruled Wednesday that a sexual assault case against Bill Cosby can move forward after finding that a 2005 decision not to charge him with a crime doesn’t stop prosecutors from putting him on trial now. The TV star could get up to 10 years in prison if convicted.

Castor said that in ruling out any prosecution of Cosby, he hoped to prod the TV star to testify in the lawsuit. Castor testified Tuesday that he made the decision “as the representative of the sovereign of the commonwealth of Pennsylvania” in order to strip Cosby of his Fifth Amendment right to avoid self-incrimination and force him to testify in a civil suit brought by Constand. Constand eventually settled for an undisclosed amount.

If criminal charges were still a possibility, “we certainly wouldn’t let him sit for a deposition”, Mr Schmitt said. “You could just as easily ask, ‘Is it true that some day you may sue?'”

Steele ran ads criticizing Castor for not prosecuting Cosby when he had the chance. Steele argued that the documents show agreements involving the disclosure of sensitive information are always thoroughly vetted.

“If Cosby wins today, the blame lies squarely on Bruce Castor and Pennsylvania’s predator-friendly statutes of limitations”, Polesir said. He has said he has no evidence one exists. “There is no case quite like this”.

Cosby has been accused of rape or sexual assault by dozens of women, many of whom claim he drugged them beforehand. This is the only case in which he has been charged. Ms Constand, now 44, said Cosby plied her with drugs and alcohol before sexually assaulting her.