A suburban Philadelphia judge hopes to decide whether to dismiss a sexual assault case against actor Bill Cosby over an unwritten promise of immunity a former prosecutor says he gave Cosby’s now-deceased lawyer a decade ago.
Judge Steven T. O’Neill puzzled over the testimony of former Montgomery County District Attorney Bruce Castor on Tuesday and peppered him with questions as Castor wrapped up hours of testimony for the defense. The proceedings resume Wednesday morning.
Cosby, 78, was arrested and charged in December with drugging and violating former Temple University athletic department employee Andrea Constand at his suburban Philadelphia mansion in 2004. He could get up to 10 years in prison if convicted.
Castor said he found serious flaws in the case in 2005 and declined to bring charges. He said he steered the matter to civil court so Constand could become “a millionaire.” But he also maligned her credibility throughout the day and questioned whether she and her mother set out to extort Cosby.
“If there was an agreement, why didn’t you make that agreement in writing?” the judge asked Castor.
“It was unnecessary because I concluded there was no way the case would get any better,” he said.
Castor said if Cosby’s then-attorney, Walter Phillips, and other defense attorneys “wanted more than that to protect themselves, it was up to them to provide it.”
He said that he made the decision not to bring charges as a representative of the state — as “the sovereign,” as he put it, over and over — and that it would last in perpetuity.
“For all time, yes,” Castor said when pressed.
He said he had his top assistant, Risa Vetri Ferman, who later succeeded him and is now a county judge, tell Phillips that Cosby would not be charged. However, Castor said the two lawyers did not have “an agreement” that Cosby would testify in exchange for not being prosecuted.
Phillips died last year.
Castor suggested that Cosby and Phillips had the same understanding, because Cosby later agreed to testify without invoking his Fifth Amendment right against self-incrimination in a lawsuit brought against him by Constand.
“Cosby would’ve had to have been nuts to say those things if there was any chance he could’ve been prosecuted,” Castor said, referring to the damaging testimony from a deposition unsealed last summer.
The former DA said he “wanted there to be some measure of justice” for Constand. “I thought making Mr. Cosby pay money was the best I was going to be able to set the stage for.”
He added: “I was hopeful that I had made Ms. Constand a millionaire.”
Kevin Steele, the newly elected district attorney who is pursuing the case, has said Cosby would need an immunity agreement in writing to get the case thrown out. He said he has no evidence one exists.
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. But this is the only case in which he has been charged.
The unsealing of the testimony from Constand’s lawsuit prompted Castor’s successors to reopen the case and ultimately charge Cosby.
Cosby admitted in the deposition 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 he reached into her pants but insisted it was consensual.
Castor defended his decision not to bring charges, testifying that he saw Constand’s year-long delay in reporting the allegations, inconsistencies in her statements and her contact with a lawyer before going to police as problematic.
Castor said Constand’s delay was of “enormous significance” in his consideration of the case. He said it thwarted his ability to test her hair or fingernails for evidence she was drugged.
Still, Castor said, he investigated the case thoroughly because he wanted to show authorities in Constand’s native Canada that celebrities don’t get preferential treatment in America.
The Associated Press contributed to this article.
No Cosby cant be convicted,that would be racist, he may wind up broke when the courts and lawyers get finished with him, but dont think he will get jail. Im &0, and white, no money, bet i would tho! Jim
No doubt – James R J.
If Bill Clinton could get away with rape and molestation, with the women being denigrated as sluts and bimbos, why shouldn’t Bill Cosby be afforded the same? Hillary, the enabler holds a double standard that exempts the Clinton Crime Cartel.
That is exactly what I was thinking, too! If they don’t indict Bill Clinton, why should they indict Cosby? They did the same thing to women and Bill never paid for his crime! Hillary was an accessory to those crimes too, but she won’t pay either. Losers all of them!
Then why should anyone be indicted? How about “I killed 16 mexicans after I gave them heroin, meth and had sex. The cops and my attorney said I have immunity, and so I don’t need anything written. Too bad, leave me alone and F you!”
That is what the rapist Cosby and his attornies are saying. Do you buy that CRAP?
Throw that POS in prison so he can be raped by his cellie, Mr. Ben Dover. You know old Billy would really like it. Hmm, make it both Billy Cosby and Billy Clinton.
I totally agree with you although I am really angry Cosby is going to walk away from what he has done, he knows it and God knows it. As far as the Clinton bunch they are millionaires many times over nothing will happen there.
Joseph C. Moore— Bill Clinton didn’t rape anyone and all he got was a B.J. from Monica Lawinski. Check your info before you post it.
But many sexual assaults!!!
Let ‘s be honest. Bill Clinton, as President of the greatest country on Earth, by giving PUBLIC and repeatedly contempt to Morality and Ethics gravely and irreparably damaged this country!
Yes, multi sexual assaults! No morals! Did damage this country!
Read; some of the text of the cops who protected Clinton and others who are talking now. The evidence is overwhelming.
Too, little! Too, late!
Neither should get by with it! Hillary was an accessory! She needs to be charged, as well!
The malevolent involvement of Mr. and Mrs. Clinton in sexual affairs deserves to be investigated and adjudicated before charges against other Americans are placed under the microscope and adjudicated in the media.
If you’re a rapist and your first name is Bill and last name starts with a C no problem, just pick out your next victim and go for it.
OMG. Bill Clinton didn’t rape anyone and i guess Cosby did.
NO! STILL MEANS NO!
I totally agree with your post and your comments ” NO “!!! Means “NO,” under any type of circumstances and in any language it still means the same.
Again, a criminal who sexually assaulted so many women against their will
gets a free pass. What the heck is wrong here America??? Can not anyone
get it right? He molested hundreds and can get away scot free. Someone that
perhaps steals a coke gets jail time. Hillary, Kerry, Bill, Cosby and any who thinks
they are above the law just get reprimanded. Not right. Might add Obozo also.
How he has stripped America of her values etc. Pitiful state America has become.
So, true!
Hey, if Dick Cheney can get away with treason for outing Valerie Plame endangering her life, Bill should get a pass for doing what happens in every bar in America (actually, the World) every night of the week with people using alcohol instead of ludes……
Now people understand, I hope, why U need to be part of the establishment and or the ELITE!
No one can claim not having been warned.
I agree completely.
This bombshell could seriously harm the current prosecution’s effort to get a jury conviction. Mr. Cosby’s current lawyer can make the claim that his client testified with the understanding he had been granted immunity from criminal prosecution and that it wasn’t Cosby’s fault that the lawyer failed to do his job and get the agreement in writing.
Regardless of what the judge decides Bill Cosby will not get off scot-free. His reputation has been permanently destroyed. I would guess any future speaking engagements will pay nowhere near what he made prior to these allegations surfacing.
I think that if bill Cosby gives pills to any of those women’s again they will his committed rapes. He is guilty he should pay for that. no because his black and famous the law would not apply in this case.
Anthony (tampa)
Cosby is a sleazy sicko for drugging and forcing himself on his victims. One has to be a complete “low life” to commit such evilness. And to think he played the role of a loving father on his show. Unbelievable!!!!!!!!
AGREE! Why else would he have to use drugs? HE ADMITTED TO IT! Why are we even debating, as to whether he is guilty?
Dean, and just how many Americans believed that he was a “loving father at the time” of his TV programs and his popularity that these different things were really taking place in his private life. By the way, where was his so called loving wife at the time of these different assaults ? I do not think that it will ever come out, where she did or did not know that these different things were taking place between her husband and these different women .
Just remember, all will stand before the White throne. They may get by here but they can’t Hide from the Judge of the whole earth.
There time in court is coming, and they will stand before a Judge that can not be bought. The Righteous Judge, the Supreme Judge.
AMEN! AMEN!
With ALL these alleged sexual assaults by Bill Cosby, He has proven to the public that he is a very sexy man. Evil and sexy.
Apparently, the old adage is true. Money Talks, and SH–Walks.
There is NO WAY that he is not guilty, given the HUGE number of women reporting the same thing.
It saddens me deeply, but Mr. Cosby has a Psychiatric Problem.
Well bill Clinton has never faced charges and he has been accused over and over and over. Or how about roman polanski who according to whoopie goldberg didn’t commit rape rape. He should face the charges but why no outrage over the others. Seems to be a lot of picking and choosing who will be prosecuted and who has to follow the laws. Kinda like sharpton and soros walking around when they should be in jail for tax evasion!