On Tuesday, Bill Cosby heads to court in Pennsylvania, where a judge will decide if his criminal charges are worthy of a trial. On December 30, Cosby was charged with aggravated indecent assault, which is a felony. If convicted, he could face up to 10 years in prison—but, according to ABC News, there’s a twist.
When the incident in question, involving Andrea Constand, was originally investigated in 2005, the former Montgomery Country district attorney Bruce Castor allegedly made a deal never to prosecute Cosby criminally if he participated in a deposition in Constand’s civil case against him. Now, the current district attorney Kevin Steele has argued that only a judge can grant immunity, and ABC points out that, in 2005, Castor sent a press release saying his office would “reconsider this decision should the need arise.” Castor is scheduled to take the stand as a defense witness, and a judge must rule on whether his previous agreement with Cosby is binding.
In the past, Castor has said he didn’t have enough evidence to charge Cosby in Constand’s allegations that he drugged and sexually assaulted her. In September, he wrote an email to the DA’s office explaining his actions in 2005:
“With the agreement of the defense lawyer and Andrea’s lawyers, I intentionally and specifically bound the Commonwealth that there would be no state prosecution of Cosby in order to remove him from the ability to claim his Fifth Amendment protection against self-incrimination, thus forcing him to sit for a deposition under oath,” Castor wrote.
Now, of course, the civil deposition has been released to the public and includes Cosby admitting that he bought quaaludes to have sex with women. He also testified that he’d given Constand Benadryl and wine the night he is accused of attacking her.
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