Bill Cosby Email Could Be A Major Blow To The Prosecution’s Case Against Comedian [Update]

The recent Bill Cosby email bombshell is bad news for the prosecution team, and the shocking revelation could result in the dismissal of the case against the 78-year-old comedian. As CNN pointed out, the email also calls into question the viability of the criminal case against Cosby.

The defense of Bill Cosby recently asked the justice of Pennsylvania to dismiss the charges against the actor for an alleged case of sexual assault on a woman in 2004, the first indictment after about fifty similar complaints against him. In a motion filed Monday to the justice in Montgomery County (near Philadelphia), Cosby’s lawyers asked for the dismissal of all charges against him, arguing the existence of a prior agreement with prosecutors concerning that case.

“There is also no question the current prosecutors are fully aware of this agreement, but are simply choosing to ignore it. The commonwealth’s agreement must be enforced, and the charges dismissed,” defense lawyers Brian J. McMonagle and Monique Pressley wrote in court documents.

The email alleges that a prosecutor promised Bill Cosby’s deposition in a 2005 civil case would not be used to bring criminal charges. In the deposition, Cosby reportedly admitted to drugging women during sexual encounters. However, he claims it was mutual consent and not sexual assault.

The email — which was sent last year by former District Attorney Bruce Castor to successor Risa Vetri Ferman — details an apparent verbal agreement the prosecutor had more than 10 years ago, with Cosby’s attorneys for him to testify in a civil sexual assault case brought against him in 2005, CNN wrote in their report. In the email, Castor writes that his intent in making the deal was to create an atmosphere in which Cosby accuser Andrea Constand would have the best chance of prevailing in her civil suit against the 78-year-old comedian by removing the prospect of Cosby invoking his 5th Amendment right.

At the time, Castor agreed that a key deposition given by Bill Cosby could not be used in any criminal case. BBC obtained an excerpt from the email, and the following text is what it contained.

“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,” Castor wrote. “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.”

Based on this information, Cosby’s lawyers are now demanding that the case be thrown out.

“The charges should separately be dismissed on due process grounds because the over a decade delay in bringing these charges, by a District Attorney’s office with subpoena power capable of obtaining Mr. Cosby’s deposition testimony since it was given 10 years ago, was inexcusable and has greatly prejudiced Mr. Cosby’s ability to defend himself,” Cosby’s lawyers argued.

In December, Cosby was charged with aggravated indecent assault — a second degree felony which can land him in prison for up to 10 years. The charges are due to Andrea Constand’s claim that she was the victim of a sexual assault that occurred at Cosby’s residence in 2004. Cosby’s bail was set at $1 million, with additional conditions of surrendering his passport and having no contact with the alleged victim. He posted $100,000 (10 percent of the bail, as required) and was released. Cosby’s next court date is set for February 2.

This is a developing story and further updates will be posted here as they are made available.

[Photo by William Thomas Cain/Getty Images]