Bill Cosby Is Trying to Get Sexual Assault Case Tossed
Former DA is called to the stand in Tuesday's hearing
By Evann Gastaldo,  Newser Staff
Posted Feb 2, 2016 12:13 PM CST
Actor and comedian Bill Cosby, center, arrives for a court appearance Tuesday in Norristown, Pa.   (Clem Murray/The Philadelphia Inquirer via AP, Pool)
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(Newser) – Bill Cosby is in court in Pennsylvania attempting to get the sexual assault case against him tossed. According to the 78-year-old's defense team, when Cosby was first accused of drugging and assaulting Andrea Constand in 2004, he made an immunity deal with then-District Attorney Bruce L. Castor Jr. in 2005, the AP reports. Per Cosby's defense team, Castor told Cosby he wouldn't be prosecuted for the alleged assault and thus could testify freely in the civil lawsuit brought by Constand. Castor said at the time that he didn't have enough evidence to charge Cosby. But the current district attorney, Kevin Steele, says he has no evidence of an immunity agreement in writing, which, he says, is what Cosby needs to get the case thrown out. Castor was called to the stand Tuesday and said that while he did decide not to prosecute Cosby, there was no "agreement."

While testifying in Constand's civil suit, Cosby admitted to obtaining quaaludes for the purpose of having sex with women and to giving Constand three pills, but he insisted any sexual contact was consensual. That testimony was released last summer, prompting Steele to charge Cosby. Castor has said in the past he did work out an oral "non-prosecution" deal with one of Cosby's lawyers. But on the stand Tuesday, he said he simply wanted Cosby to testify in the lawsuit so Constand could perhaps win "some measure of justice" via monetary damages, and that's why he told Cosby's lawyer the comedian wouldn't be prosecuted. He also reiterated his original reasons for not charging Cosby: Constand waited a year to report her accusations, meaning her hair and fingernails could not be tested for evidence she was drugged; there were inconsistencies in her statements; and she talked to a lawyer before talking to police. (Another lawsuit against Cosby was just dropped without explanation.)