Judge OKs criminal case against Bill Cosby, rejects immunity argument

Current Montgomery County, Pennsylvania, district attorney Kevin Steele made the Cosby case a prominent part of his campaign for the office a year ago.

Judge Steven T. O’Neill also rejected a motion by Cosby’s attorneys to dismiss current Montgomery County District Attorney Kevin Steele from heading the case, the Associated Press reported.

Former Montgomery County District Attorney Bruce Castor testified on Tuesday that he decided in 2005 not to bring charges over the Constand allegations.

The judge on Wednesday ruled “there was no basis to grant the relief requested” by Cosby. Castor had said that he gave an unwritten promise of immunity for Cosby to his now-deceased lawyer, contending that Constand’s lawyers wanted the agreement so Cosby would be free to testify in her civil suit.

Though previous reports indicated he would not face prosecution for his alleged sexual assault of a woman in 2004, TMZ is reporting Wednesday that his recent request for a dismissal was turned down.

Steele challenged Castor’s credibility and questioned whether the former DA ever made such an agreement, since it was never put in writing on a legal document and the Cosby attorney with whom Castor dealt is now dead.

Dozens of women have accused Cosby of drugging and sexually assaulting them since the 1960s, destroying his good-guy image as America’s Dad.

“They (the defense) are saying there is an explicit agreement, and they are saying this (press release) document is the explicit agreement and in that document itself says it will revisit the decision”, a prosecutor argued Wednesday.

Bill Cosby’s criminal case will go forward.

Bill Cosby’s top lawyer says he thought criminal charges were off the table when he let the comedian testify in a lawsuit over a Pennsylvania woman’s claim he sexually assaulted her.

“A secret agreement that allows a wealthy defendant to buy his way out of a criminal case isn’t right”, Steele told the judge.

In addition, Schmitt said, Cosby’s lead attorney in the Constand case, Walter Phillips, “got assurances from Mr. Castor that this was an irrevocable decision that he had made”.

Cosby, who is charged with aggravated indecent assault concerning an alleged 2004 attack on a Temple University employee at his suburban Philadelphia home, had argued through his lawyers that he gave deposition testimony in his alleged victim’s civil case only because then-DA Bruce Castor offered him immunity from prosecution.

Cosby’s attorney, Monique Pressley, previously responded to the assault charge in a statement to ABC News. Because of that, Cosby’s lawyers have relied heavily on Castor’s interpretation of whether the deal blocks prosecutors from revisiting the case.

Castor maintained on the witness stand Tuesday that there was insufficient evidence to prosecute Cosby in 2005. Normally, immunity is granted after a suspect is charged because he or she can provide testimony or information to prosecutors.

Schmitt said Cosby later sat for a deposition in Constand’s civil suit over four days and never once invoked his Fifth Amendment right against self-incrimination.

Cosby said in the deposition that he obtained quaaludes to give to women he wanted to have sex with and gave the accuser three pills at his home.

On Tuesday, Castor was the star witness for the defense at the pretrial hearing.

“He injected into the race an advertisement that qualified Cosby as a sexual predator who should be prosecuted and would be prosecuted if Steele was elected”, Tayback said.

Castor did say he believed Constand was telling the truth but argued that she had waited too long to come forward.

Cosby fired back in early December, filing a countersuit for defamation against seven women who previously accused him of sexual misconduct. This is the only case in which he has been charged.