Can someone explain the point of a deposition? I WAG Cosby was strong-handed into signing a written confession (i.e., deposition) OR be dragged into court. Yet, under what conditions can one self-incriminate one’s self? I’ve never understood that Amendment. Beyond that, how did AP get partial access to this deposition that was supposedly sealed from public release?
Even if one doesn’t know the Cosby specifics, please tell me about depositions (in general). Thx!
Depositions are usually part of the public record, though in this case there was a condition that it be sealed after the case is settled. But the document is in the courthouse, and a clerk may have leaked it. It would probably get the clerk fired if the AP revealed their source.
You can’t be forced to self-incriminate, but you can obviously confess to a crime if you so desire. In this case, it would seem likely that his lawyers preferred the disposition and a settlement to a trial. It allowed them to keep things quiet. It wouldn’t have been any coercion, since the people advising him to make the deposition were his lawyers.
In general, you make a deposition as to the facts of the case; this can be used as testimony at the trial. Lawyers for both sides are there: those on the opposite side usually ask the questions; those on your side advise you about answering them. They can also keep control; I know of someone saying that the other side kept asking the same questions over and over, and their lawyer merely said, “we already answered that; move on.”
As for the Fifth Amendment, basically if a prosecutor asks a question whose answer would force you to confess, you can refuse to answer and the court and jury aren’t allowed to draw any inferences as to your guilt.
That’s not at all related to what happened here. A judge ordered the release of part of the deposition testimony. There was no leak. Court records can’t be sealed without good cause, and in this case, the judge was not convinced that there was a good cause to maintain the seal that had been put in place temporarily a long time ago. It is possible that ultimately, the rest of the testimony will be unsealed, as well.