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In reply to the discussion: Court overturns Bill Cosby's conviction and bars future prosecution [View all]Effete Snob
(8,387 posts)If you were the prosecutor, it would have been just "too bad" to her, instead of clearing a path for a civil judgment?
https://www.pacourts.us/assets/opinions/Supreme/out/J-100-2020mo%20-%20104821740139246918.pdf?cb=1
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 Constands claim. In evaluating the
likelihood of a successful prosecution of Cosby, the district attorney foresaw difficulties
with Constands 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 attorneys declination and proceeded to provide four sworn depositions. During
those depositions, Cosby made several incriminating statements.
D.A. Castors successors did not feel bound by his decision, and decided to
prosecute Cosby notwithstanding that prior undertaking. The fruits of Cosbys reliance
upon D.A. Castors decision - Cosbys sworn inculpatory testimony - were then used by
D.A. Castors successors against Cosby at Cosbys criminal trial. We granted allowance
of appeal to determine whether D.A. Castors decision not to prosecute Cosby in
exchange for his testimony must be enforced against the Commonwealth.