Bill Cosby moved one step closer to having his case thrown out of court, when the former prosecutor who elicited the testimony he’s being tried on confirmed that the state promised never to use that to prosecute him.
A recently elected District Attorney brought criminal charges against the comedian, based on the contents of his 2005 deposition where he admitted plying the victim, Andrea Constand with drugs.
But Cosby’s attorneys have argued all along that the former DA promised them never to prosecute, and it was in exchange for that he testified. And during his appearance before the court, former DA Bruce Castor admitted he did promise not to prosecute, and that should be binding even on his successors.
“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.” He said in court.
“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,”
Cosby was arrested towards the end of last year and charged with s*xual assault in the case of Constand. The new District Attorney decided there was enough evidence to prosecute. Cosby’s lawyers maintain the DA cannot prosecute because they obtained a deal with Castor when he was in office.
 

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