CNN broke a story a few days ago in the Cosby case.
CNN said the whole Pa. criminal case against actor comedian Bill Cosby may be thrown out.
They cited an email from the former prosecutor saying that he would not use what Cosby said in his civil deposition against him in the criminal case.
The deposition is crucial to the prosecution in the criminal case against Cosby.
There he admitted giving women drugs to knock them out. Then he took advantage of them sexually.
That deposition pretty much proves the criminal case against him.
But the defense is arguing that because of an oral promise the former prosecutor made with Cosby’s attorneys, that the deposition testimony isn’t admissible.
The CNN article bought that whole argument.
Consider the following account of the issue from the Trib Review:
PHILADELPHIA — An ex-prosecutor is expected to testify that he promised Bill Cosby would never be charged over a 2005 sex-assault complaint, but a judge must decide if that constitutes an immunity deal.
Then-prosecutor Bruce Castor will be a key witness for the defense at a Feb. 2 hearing over what Cosby’s lawyers have called a “non-prosecution agreement.”
The defense argues that prosecutors who charged Cosby last month unfairly used his deposition testimony from the accuser’s civil lawsuit against him. Castor supports their position.
But Montgomery County District Attorney Kevin Steele, the prosecutor handling Cosby’s case, said there is no evidence of a signed immunity agreement. Cosby’s lawyers did not attach one to their recent motion to dismiss the case.
On Saturday, Andrea Constand’s lawyer said she never knew of such an agreement.
“He (Castor) said … that he talked to us about it. That’s a lie,” lawyer Dolores Troiani said. “It never happened.”
Castor, in announcing that he wouldn’t charge Cosby in 2005, had warned both sides that he could revisit the decision.
“District Attorney Castor cautions all parties … that he will reconsider this decision should the need arise”.
I think CNN is WRONG about the case being thrown out for 3 reasons.
1st the agreement is not in writing. In fact as far as I know before the deposition began with the court reporter taking everything down, there was no mention of this agreement on the record.
2nd it is unlikely that a former prosecutor can bind the current prosecutor to an agreement the current attorney was unaware of.
3rd even when the former prosecutor announced he was not going to pursue the case against Cosby, he qualified it by saying “at this time”. That implied that’s the case against Cosby could be revisited in the future.
Pittsburgh wrongful death, medical malpractice, car accident, slip and fall and criminal defense attorney Bernie Tully believes for those 3 reasons and more that Cosby’s deposition testimony is going to be admitted as evidence in the criminal case against him.
Pittsburgh wrongful death, car accident and criminal defense attorney Bernie Tully will even go further.
I think Cosby is going to be convicted of the criminal charges against him.
What do you think?
Thanks for reading.
Bernie the attorney.