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Cosby's scum, but the court made the right decision.In 2005, Montgomery County District Attorney Bruce Castor learned that Andrea Constand had reported that William Cosby had sexually assaulted her in 2004 at his Cheltenham residence.
Along with his top deputy prosecutor and experienced detectives, District Attorney Castor thoroughly investigated Constand’s claim.
In evaluating the likelihood of a successful prosecution of Cosby, the district attorney foresaw difficulties with Constand’s credibility as a witness based, in part, upon her decision not to file a complaint promptly.
D.A. Castor further determined that a prosecution would be frustrated because there was no corroborating forensic evidence and because testimony from other potential claimants against Cosby likely was inadmissible under governing laws of evidence.
The collective weight of these considerations led D.A. Castor to conclude that, unless Cosby confessed, “there was insufficient credible and admissible evidence upon which any charge against Mr. Cosby related to the Constand incident could be proven beyond a reasonable doubt.
Seeking “some measure of justice” for Constand, D.A. Castor decided that the Commonwealth would decline to prosecute Cosby for the incident involving Constand, thereby allowing Cosby to be forced to testify in a subsequent civil action, under penalty of perjury, without the benefit of his Fifth Amendment privilege against self-incrimination.
Unable to invoke any right not to testify in the civil proceedings, Cosby relied upon the district attorney’s declination and proceeded to provide four sworn depositions.
During those depositions, Cosby made several incriminating statements.
D.A. Castor’s successors did not feel bound by his decision, and decided to prosecute Cosby notwithstanding that prior undertaking.
The fruits of Cosby’s reliance upon D.A. Castor’s decision - Cosby’s sworn inculpatory testimony - were then used by D.A. Castor’s successors against Cosby at Cosby’s criminal trial.
For those that say Cosby should still be locked up - you cool with this?
This is actually something DA's do to poor, black, and brown people all the time - offer a deal, never put it in writing, then use information garnered following the offer to prosecute. It's prosecutorial misconduct.
If Cosby wasn't uber wealthy he's probably still in jail like everyone else they do this to.