Email Could Doom Cosby Sex Case
Former DA says he promised deposition wouldn't be used
By Rob Quinn, Newser Staff
Posted Jan 16, 2016 8:15 AM CST
Updated Jan 16, 2016 1:44 PM CST
Andrea Constand walks her dogs in Toronto, Canada, Thursday, Dec. 31, 2015.    (Marta Iwanek/The Canadian Press via AP)

(Newser) – A Pennsylvania prosecutor's sexual assault case against Bill Cosby could be in deep trouble, according to an email obtained by CNN. In the email, former Montgomery County DA Bruce Castor tells a successor that he made an agreement with Cosby that a deposition from a 2005 civil case brought by accuser Andrea Constand would not be used in any criminal case. "Unless you can make out a case without that deposition and without anything the deposition led you to, I think Cosby would have an action against the County and maybe even against you personally," warns Castor, who says he "can see no possibility that Cosby's deposition could be used in a state criminal case."

The deposition—in which Cosby admits that he obtained Quaaludes to drug women he sexually desired—is a key piece of evidence in the criminal case, which was filed weeks before the statute of limitations ran out on his alleged 2004 assault of Constand, reports the New York Daily News. The Castor email was sent three months earlier. New Montgomery County DA Kevin Steele apparently thinks the deposition can still be used, despite Castor's verbal agreement with Cosby. "There is a specific legal method to grant immunity. That was not done in 2005," he tells CNN. (Some of Cosby's 60 or so accusers are expected to testify in the case, which could send him to prison for up to a decade.)

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