Bill Cosby appeared in court in Norristown, PA yesterday to attend a preliminary hearing determining whether he would be tried on aggravated indecent assault charges for a 2004 assault at his home. Cosby, 78, was accused by the former director of operations for Temple University’s women’s basketball team, Andrea Constand, of sexually assaulting her at his home in Pennsylvania in 2004. Constand went to police in 2005, however then District Attorney Bruce Castor chose not to prosecute the case, finding Constand’s case weak and hoping to also pave the way for her civil suit against Cosby. DA Castor made a deal with Cosby’s lawyers at the time which he claims both protected Cosby from prosecution and forced him to testify at the civil trial as he would not be able to plead the fifth if there was no criminal case. (CNN has the best overview that I’ve found so far.)
Castor’s successor as DA for Montgomery County, Risa Vetri Ferman, is the one who brought the charges against Cosby for this case. Cosby closed the civil case with a confidential settlement in 2006. Yesterday, Castor testified that he had made a deal with Cosby to shield him from prosecution. However Castor made it clear that he hopes the new prosecution is successful regardless. Here’s some of what Castor said on the stand.
Bruce Castor, a former Montgomery County district attorney, testified in a pretrial hearing in Norristown, where attorneys for the entertainer are asking a judge to drop recent charges accusing Cosby of sexually assaulting Andrea Constand at his home in 2004.
Cosby’s lawyers contend that charges filed late last year by Castor’s successor should be dismissed because Castor announced in 2005 that Cosby wouldn’t be prosecuted.
Castor testified Tuesday that he did so in part because he didn’t believe the case was strong enough for a conviction.
“Mr. Cosby was not getting prosecuted, at all, ever, as far as I was concerned,” Castor testified Tuesday. “… I made the decision as the sovereign that Mr. Cosby would not be prosecuted, no matter what.”
His other reason for not charging Cosby? Castor said he thought the move might help Constand successfully sue the entertainer.
Castor essentially conceded that the only reason Cosby testified in Constand’s subsequent 2005 civil suit — the very testimony that prosecutors are now using to charge him — was because he took prosecution off the table.
When Castor declined to prosecute in 2005, he said, Cosby couldn’t claim Fifth Amendment protection against self-incrimination in the civil suit.
“Cosby would have had to have been nuts to have said those things (in the civil deposition) if he thought he was going to be prosecuted,” Castor said.
But, Castor told Cosby’s lawyers Tuesday: “I’m not on your team. I want them (the prosecutors who’ve charged Cosby) to win.”
During cross-examination, there was also a tremendous amount of detailed scrutiny of quotes and documents attributed to Castor. The state suggested they show Cosby wasn’t protected from criminal prosecution by the state.
The pretrial hearing will resume Wednesday morning.
Castor said clearly that he did believe “Andrea Constand was inappropriately touched by Mr. Cosby,” that he “wanted justice for Constand” and that he “wanted to see Mr. Cosby punished,” but that he had to choose between a weak criminal case and a civil case essentially and that he chose to support Constand’s civil case. The Daily Beast explains that the prosecution is making the case that the DA had no right to grant immunity to Cosby under PA law, as only judges can grant immunity.
Over 50 women have gone on the record to state that Cosby violated them. He has a very predictable MO of drugging and then raping his victims. TMZ reports that Cosby’s lawyers are trying to get the case dismissed. It does sound like he will avoid prosecution in this instance as he made a deal with the DA. However I do hope something sticks criminally and that he goes to jail at some point and frankly dies there. No one is buying this bullsh*t routine where he makes himself look elderly and frail by getting help walking. He’s been doing pap walks with his wife and he just did a big comedy tour. Suddenly, when he’s going into court to face charges, he needs help walking. Oh and Cosby also fell asleep during court. He’s elderly sure, but justice for his countless victims has been a long time coming.
photo credit: FameFlynet
Scumbag.
Let’s add manipulator, rapist, briber, liar, sociopath…
When I saw these photos yesterday I couldn’t get over how he had people helping him walk, and how he was playing on people’s emotions. It’s such a load of crap and ALSO very indicative of the type of man he truly is.
Yes, he’s scary is what he is. Totally creeps me out.
I loathe him now and it makes me ill to say this, but I don’t see how you can tell someone they won’t be prosecuted, then let them rely on that while giving self-incriminating testimony, then use that testimony to prosecute them. Maybe you can because he didn’t receive immunity from a judge, but it seems problematic. Which is a shame, because he deserves to be in jail.
Yeah I’m still trying to understand how that works…
BearcatLawyer thinks it’s ok, so maybe he will still be prosecuted. I hope so.
I think the majority of the cases will be thrown out or withdrawn. As quiet as its kept several of the women have already withdrawn their cases after it was proven Cosby couldn’t have been at the PLAYBOY MANSION on the dates they alleged. Of course he is still a scumbag for engaging in predatory behavior while masquerading as loving husband and father, clean joke telling comedian and ideal African American citizen. I do wonder why the media hasn’t reported more on the cases that have been withdrawn or dismissed?
@Breakfast Margaritas
I agree. I don’t understand why more isn’t being said about the cases being dismissed left and right and the one model who said her agency told her to lie. I think there is enough filth going on that this can go either way. The biggest issue I have is how quick people are to totally jump in and condemn him and how quickly he lost his Hollywood Star and syndication deals while other horrible, disgusting human being actors who have been proved to be disgusting are still making bank.
Cosby did not get a grant of immunity in exchange for testimony. He just did not get criminally charged and prosecuted for assaulting Constand in 2005. But he was foolish to believe that charges could NEVER be brought in the absence of a formal grant of immunity. As long as the statute of limitations has not run out, Cosby remains fair game for criminal prosecution. The current prosecutor undoubtedly researched what was said to Cosby and his lawyers before bringing the charges last year. If Cosby had a formal immunity deal, which he does not, she could have gotten into serious trouble for violating it by reactivating Constand’s case.
His lawyers stupidly allowed him to testify in the civil case when – with his history – he should have taken the 5th and fought the issue with the civil court judge. To me, this whole situation smacks of arrogance on his part. OF COURSE we should all believe him and his version of events – he’s BILL COSBY. All these people are liars, even the prosecutors.
Thanks for the clarification.
Arrogant indeed.
Thank you for explaining that so well.
Oh, good, I hope it works out that he can be prosecuted.
Is it the camera angle in the photo or does that walking cane look very thin and flimsy to support a man of Bill Cosby’s size?
I wouldn’t have noticed it if you hadn’t brought it up – but it’s almost cartoonishly small. My grandfather had multiple canes kicking around the house – and he wasn’t a tall man, but he wasn’t small in stature either. But every single one of those canes were much much larger. I feel like… even at 5’2″ that cane wouldn’t be very sturdy for myself.
My mother is 5’2″ and weighs 105 and her cane is much bigger than that. It’s ridiculous.
Reminds me of OJ’s arthuritis defense, which lasted all of 5 minutes.
Sure he’s elderly but I also think he’s exaggerating with the help & the sleeping in court just so it helps his case get dismissed. My grandparents are around the same age as Cosby & they definitely don’t fall asleep in their appointments.He can’t get away with it again, not again it’s unfair for his victims. Justice for all of them!
He fell asleep? Puh-leeze. What a show of contempt for the court, for the victim, for all of us observing. But that’s exactly the sort of thing I would expect from him.
MTE. How disrespectful can you get?
If people in the past such as Kathie Lee Gifford had spoken up sooner, Cosby may have been locked up ages ago. But then KLG changed her story ie at that time she wanted fame and fortune touring with Cosby and didn’t want anything to derail her plans. She and others who did what was best for themselves instead of others are creeps too.
Obama has taken the side of the women Cosby targeted. You drug women and have sex with them it’s rape and you should rot in prison until you die.
Bill Cosby is a pitiful waste of human flesh. That’s all I’ve got!
Interesting that it hasn’t been discussed on this website but some of the cases have been thrown out against Bill Cosby due to lack of evidence. Cosby seems to have acquired a very sharp female attorney who might win these cases for him. The court of public opinion is another matter altogether. He will go down in creepy old man history with Woody Allen and Roman Polanski.
Very true. Even if he never faces jail or other legal punishments for his actions, he will forever be remembered as a creepy rapist. I’m okay with that, in a way. Yes, he deserves to rot in jail for the rest of his life and worse, but his immortal legacy will not be as a beloved cultural icon and enterainer. He will henceforth be a cautionary tale, a despicable, sad excuse for a man who drugs and rapes women. All his power and wealth cannot change that, and that knowledge is his true punishment. I’m hoping justice will be done here regardless, but he still has the funds for the best lawyers so I’m not holding out too much hope.
USA Today had an informative recap of the many cases pending against Cosby. From yesterday:
http://www.usatoday.com/story/life/people/2016/02/02/civil-suit-against-bill-cosby-dismissed-accuser/79698200/
Does anyone else feel a kind of mourning? I grew up with Bill Cosby. I loved him as a child, I wanted to be his friend. He was a warm and loving figure in pop culture, and always showed affection for children.
Now all I see is this monster. Absolute monster. It’s like someone I knew has died.
I can completely identify with how you feel. I loved the Cosby Show and have seen every episode several times. It was the type of show that I would have wanted to save for my kids to watch one day. Now, I can barely even think about it and I can’t even watch a clip without feeling nauseated.
Hurry up and go with God you abusive waterlogged preachy raisin
QQ just need to say, your comments always light up my life!
I’m just glad that monster has lived long enough to see his career and reputation tarnished beyond repair. Now go die, Mr. Cosby, this world will be a better place with you not in it.
I think his ‘cane’ is actually a switch.
He’s brought a rod no thicker than his thumb with which to whip those naughty naughty women back into submission.
I live in Montgomery County and Bruce Castor had been the DA here for 8 years when he was up for re-election this past election cycle. That was my primary reason to get to the polls, to vote him out, since by that time we knew only that he had declined to prosecute Cosby. I’d like to believe it’s completely true how he explains his motivations, though in order for the plan to be carried out, a different DA would have to choose to prosecute prior to the statute of limitations running out, which happened, right under the wire. So, that was cutting it close…what if Castor had won? Everyone I knew voted him out for the same reason. I’m with everyone else here- I hope he rots in prison. All his preaching over the years for fathers to step up to the plate, do the right thing…take responsibility (for raising your children), the whole time he’s doing nothing close to the right thing and using his substantial means and privilege to clean up after himself. Certainly not taking responsibility for his actions. A disgrace. Oh, and about the cane: it’s hard to tell in the photo but he isn’t using it. It’s just hanging on his arm, just in case the 2 giant bodyguards who are carrying him aren’t enough support. Yes, lawyer team, we are all morons. He’s just a sweet harmless frail old man. Whose crimes date back to 1969…has he been frail for 40 years? The props and the act only serve to further infuriate and add insult.