As we told you yesterday, Bill Cosby's defense is arguing that the sexual assault charges in the Andrea Constand case should be dropped due to a deal made back in 2005 with the former DA Bruce Castor.
To catch you up, Castor made an agreement with Cosby over a decade ago that if Cosby testified freely, he would never be criminally prosecuted. The civil suit ended up being settled at that time.
Fast forward to now, there's a new DA in town (Kevin Steele) and Andrea is pressing criminal charges.
Cosby's argument — even though he technically did testify to drugging then having sex with Constand (but he says it was consensual) — is that he was promised to never be criminally charged, and that immunity should be binding upon Castor's successors.
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The 78-year-old's attorney Chris Tayback told Montgomery County Judge Steve O'Neill during his closing arguments on Wednesday:
"A promise is a promise. The current district attorney is trying to get out from underneath that promise."
During Castor's nearly seven-hour testimony on the stand, he often said that during his time in office he had the "sovereign" power to offer immunity to whomever he wanted, without seeking approval.
Steele rebutted that if such deal was made it would have needed to be authorized by a judge, which is was not:
"There's no legal authority allowing a district attorney unilaterally to offer immunity to a defendant. We have found no authority to support this 'sovereign edict' theory that was presented by the witness yesterday."
As we noted on Tuesday, Castor also shared that he believed a settlement was the best option for Constand at the time of the initial suit:
"I believed Ms. Constand's account. What I think and what is provable in a courtroom are two different things. What I think is that Andrea Constand was inappropriately touched by Mr. Cosby. I'm analyzing back in 2005 what I can prove. All of those combined together in my mind created a situation where she had ruined her own credibility and would not be believed by a juror. That does not mean she was not telling the truth."
So basically, Castor is saying he believes Constand is telling the truth but he's also one of Cosby's key witnesses.
We will keep you updated as the hearing progresses.
[Image via AP Images.]
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