New development in the Bill Cosby case could be good news for the fallen icon. CNN reported on Friday night that the case against Cosby could be dismissed because of an email that was sent before he was charged. Even though Cosby has been accused of sexually assaulting about 50 women, he has been charged criminally in only one case. That very case against him may be dismissed because of an email.
An email between two prosecutors claims a key piece of evidence wasn’t supposed to be used in criminal court. Therefore, the criminal case against Cosby might now be in question. More than ten years ago, a former district attorney in Montgomery County, Pennsylvania agreed that his office wouldn’t use a civil deposition given by Bill Cosby in any criminal matters. The email proved that there would not be a criminal case against the comedian even though a criminal case was filed against Cosby last December.
When the former Montgomery County District Attorney Bruce Castor left office, he sent the email to his successor, Risa Vetri Ferman, explaining the agreement he had with Cosby’s attorneys in 2005. The agreement was that if Cosby testified in a civil case brought against him by accuser Andrea Constand then that testimony would never be used against Cosby in a criminal case.
The 78-year-old comedian has now been charged with sexually assaulting Constand in his home in 2004, which goes against the agreement. Cosby’s lawyers have filed a motion to dismiss the charges based on the email that was sent three months before criminal charges were filed against Cosby in Montgomery County in December.
In the email, Castor wrote to Ferman, “I can see no possibility that Cosby’s deposition could be used in a state criminal case. … I cannot believe any state court judge would allow that deposition into evidence.” Kevin Steele, the current district attorney admits there is a specific legal method to grant immunity.
WCVB reported that earlier this week, Cosby’s lawyers filed a motion asking for the charges against the comedian to be dismissed. The attorneys claim the charges violate an agreement by Montgomery County in 2005, and charges brought against Cosby in the Andrea Constand case are “illegally, improperly and unethically brought by District Attorney Kevin Steele and his office.”
The latest development in Cosby case is not about whether he is guilty or innocent of the charges. It is about the promise made by the former Montgomery County district attorney, Bruce Castor, not to charge Cosby back in 2005 in a criminal case.