It’s complicated and I urge people to take a few minutes and listen carefully to the legal analysts in CNN’s video.
This is way beyond my limited knowledge of law. It sure sounds like the former DA could end up testifying in early hearings next month. Cosby’s deposition could get thrown out. That’s my take on what the legal analysts are saying. That’s what Castor said in his email before these charges were even brought.
I see that Castor meant well. He had a weak criminal case and wanted to at least help the victim win a civil judgement. They cut a deal and things worked out exactly as anticipated. She did get something out of Cosby. How much hasn’t been reported.
I leave it for other posters with legal backgrounds to weigh in. Do you think charges will be dropped if Cosby’s deposition gets tossed out?
Was this just a political stunt by the new DA? Lets assume he was aware of this email and the deal struck with Cosby’s lawyers in 2005. I was told in another thread the new DA worked in prosecutor’s office 20 years. So he certainly was around when the original Cosby case came up. He may not have been on the case but he must have heard details. It seems hard for me to see it any other way. He can throw up his hands and say, “Well I tried to get justice”, drop the charges and look really good.
I know everybody wants Cosby prosecuted. But realistically, the guy had top lawyers representing him in 2005. He would have never waived his 5th Amendment rights in that deposition unless his lawyers felt they had a unbreakable deal with the DA. This situation is complicated because Cosby’s main lawyer (in 2005) has already died.