Former Montgomery County, Pennsylvania District Attorney Bruce Castor said that he wouldn’t use a civil deposition given by Bill Cosby in any criminal matters in an email discovered by CNN from over a decade ago.
If the details of that statement alone truly hold any validity in court, then this alleged email may derail the entire case against Cosby, thus alleviating the 78-year-old comedian of all felony charges.
According to Radar Online, as many as 55 women who have brought sexual molestation charges against the disgraced comedian could have their case shot down from just this one email.
Click Orlando reports that Castor agreed that his office wouldn’t use a civil deposition given by Bill Cosby in any criminal matters, and doing so would breach the agreement.
The verbal agreement was made in 2005 when Cosby had to testify in a previous civil sexual assault case made against him.
Castor writes in the email that the purpose of the deal was to give Andrea Constand, the accuser, the best chances of prevailing in the civil suit. The agreement was supposed to remove the possibility of Cosby “pleading the 5th.”
This potential case-derailing email was sent three just months before criminal charges were filed against Cosby in Montgomery County. Cosby’s many accusers, which he faces now, may have the credibility of their claims negated because of this.
In the email written by the former Montgomery DA to Risa Ferman, the judge of the Court of Common Pleas in Montgomery County (formerly the DA of Montgomery County herself), states as follows.
“I can see no possibility that Cosby’s deposition could be used in a state criminal case, because I would have to testify as to what happened, and the deposition would be subject to suppression. I cannot believe any state court judge would allow that deposition into evidence….. Knowing this, unless you can make out a case without that deposition and without anything the deposition led you to, I think Cosby would have an action against the County and maybe even against you personally.”
This excerpt could prove to be a damning piece of evidence for plaintiffs as prosecutors can use it as a key for reopening the case in Cosby’s favor.
Constand, a former Temple University basketball employee, says Cosby sexually assaulted her in his home back in 2004. Cosby pled not guilty to assaulting the former athletic director, but the New York Post writes that Cosby admitted that he told a young Constand to reveal their sexual encounter in graphic detail to her mother.
“Tell your mother about the orgasm. Tell your mother how we talked.”
Cosby recalled that he told her to do so as a preemptive measure to make whatever transpired between the two appeared consensual and not influenced by any drugs. However, Cosby did admit to giving her one and a half tablets of Benadryl for stress relief.
Dolores Troiani, an attorney for Constand Attorney in 2005, told CNN that not even she knew about any such agreement between Cosby’s attorneys and prosecutors. Castor declined to comment when asked about the email.
Current District Attorney Kevin Steele told CNN, “There is a specific legal method to grant immunity. That was not done in 2005,” Click Orlando reports regarding the email.
Steele also noted that Castor’s 2005 press release needs some “reconsideration should the need arise” as he works to have the agreement made in the email made invalid.
Cosby’s attorney gave their rebuttal by saying that Steele’s actions were brought about “illegally, improperly, and unethically” against the comedian.
And in effect, Steele is repudiating prior agreements made between former district attorneys and Cosby’s camp by dismissing the email.
What do you think? How could one email possibly derail the entire case? Do you think that all charges against Cosby will be dropped?
[Photo by Getty Image/William Thomas Cain]