Saturday 22 October 2016

Bill Cosby protected from sex-crimes prosecution 'for all time'

Published 02/02/2016 | 08:11

Bill Cosby arrives at court. (AP)
Bill Cosby arrives at court. (AP)
Cosby was arrested and charged with drugging and sexually assaulting a woman at his home in January 2004. (AP)

The former district attorney who declined a decade ago to bring sex-crime charges against Bill Cosby has testified that he believes his decision is binding on his successors and forever closes the door on prosecuting the comedian.

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Former Montgomery County District Attorney Bruce Castor took the stand as part of a bid by Cosby's lawyers to get the case thrown out because of what they said was a decade-old non-prosecution agreement from Mr Castor.

The current district attorney has said there is no record of any such agreement.

Cosby, 78, was arrested and charged in December with drugging and violating former Temple University athletic department employee Andrea Constand at his Philadelphia mansion in 2004. He could get up to 10 years in prison if convicted.

Mr Castor said that he found serious flaws in the case in 2005 and declined to bring charges. He said that he made the decision 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," Mr Castor said when pressed on the point.

And he suggested that Cosby and his lawyer at the time 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 Ms Constand.

"Cosby would've had to have been nuts to say those things if there was any chance he could've been prosecuted," Mr Castor said.

Mr Castor said he hoped, correctly, at the time that the decision would free the comedian to testify in the lawsuit and help Ms Constand win damages. She eventually settled for an undisclosed amount.

"I did not believe it was just to go forward with the criminal prosecution, but I wanted there to be some measure of justice" for Costand, Mr Castor said.

He added: "I was hopeful that I had made Ms Constand a millionaire."

He said he relayed word to Cosby's then-attorney, Walter Phillips, that Cosby would not be charged. However, Mr Castor said the two lawyers did not have "an agreement" that Cosby would testify.

"Mr Phillips never agreed to do anything in exchange for Mr Cosby not being prosecuted," Mr Castor said. "I thought making Mr Cosby pay money was the best I was going to be able to set the stage for."

Phillips is now dead.

Kevin Steele, the newly elected DA who is pursuing the case, has said Cosby would need an immunity agreement in writing to get the case thrown out. He has 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.

Damaging testimony from Ms Constand's lawsuit was unsealed last summer, prompting Mr 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 Ms Constand three pills at his home. He said he reached into her pants in what he insisted was consensual contact.

Mr Castor defended his decision not to bring charges, testifying that he saw Ms Constand's year-long delay in reporting the allegations, inconsistencies in her statements and her contact with a lawyer before going to police as red flags.

He said her 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, he said, he investigated the case thoroughly because he wanted to show authorities in Ms Constand's native Canada that celebrities don't get preferential treatment in America.

Mr Castor said that he believed Ms Constand was indeed violated but that proving it would have been problematic because of serious flaws in the case, and so he declined to bring charges in 2005.

While Mr Castor was called as witness by Cosby's side, the former DA said he is rooting for the prosecution.

"I'm not on your team here," he told Cosby lawyer Brian McMonagle. "I want them to win."

Meanwhile in Los Angeles a judge ordered Cosby to attend another deposition in a lawsuit filed by a woman who says the comic forced her to perform a sex act on him at the Playboy Mansion around 1974, when she was 15.

Also model Chloe Goins dropped a lawsuit accusing Cosby of drugging and sexually assaulting her at the Playboy Mansion in 2008. Goins gave no explanation for the move.

Press Association

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