Cosby’s team called Castor as a witness, and Castor claimed there was just such a secret deal in place, despite there having been no mention of it in his news release announcing his decision.
“Mr. Cosby was not getting prosecuted at all — ever — as far as I was concerned,” Castor said. “My belief was that I had the power to make such a statement.”
Castor added: “I made a judgment as the sovereign representing the commonwealth not to prosecute Cosby. I was the only person in Pennsylvania who had the power to make that decision, and I made it.”
Castor explained that he made the decision so that Cosby couldn’t plead the Fifth Amendment in a civil case brought by the woman, Andrea Constand, which was ultimately settled in 2006. Cosby’s team used the supposed agreement in failed attempts to get the later criminal case dismissed and to argue that Cosby’s deposition in that civil case couldn’t be used at trial.
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