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.