DA takes issue with claim of a deal made by predecessor protecting Cosby

PHILADELPHIA — Montgomery County District Attorney Kevin Steele pushed back Tuesday against a claim that a predecessor struck a deal a decade ago protecting Bill Cosby from prosecution in an alleged 2004 sex assault.

In a five-sentence statement, Steele said that he was reviewing the arguments Cosby’s legal team made in a motion Monday, but that he would not be baited into trying the case outside the courtroom.

Still, Steele added, “we are not surprised by this filing, which has no merit.”

In the motion, Cosby’s lawyers said Steele’s decision to charge the 78-year-old entertainer last month with the assault of former Temple University employee Andrea Constand violated a 2005 agreement between Cosby and former District Attorney Bruce L. Castor Jr.

Castor investigated Constand’s claims when she came forward a year after the alleged assault but decided not to bring a case.

Cosby agreed in 2006 to testify in a civil suit filed by Constand only because of a “non-prosecution” deal Castor offered him, defense attorneys Brian McMonagle and Monique Pressley said.

That deposition has become potential evidence in the current case. Steele’s office cited the deposition in the criminal complaint filed against him last month.

McMonagle and Pressley’s motion does not quote or reference any written non-prosecution agreement between Cosby and the Prosecutor’s Office. Instead, the lawyers cite Castor’s February 2005 news release in which he announced he was declining to bring charges based on Constand’s allegations.

They also argue that the current case should be thrown out because significant evidence is no longer available to them, and because Cosby’s advancing age and declining health will prevent him from reviewing evidence, identifying witnesses, or recalling decade-old events.

And they have asked a judge to disqualify Steele’s office from prosecuting, arguing that he improperly used the Cosby case to attack Castor and bolster his own campaign when both were running for district attorney last year.

Cosby repeatedly has denied Constand’s accusations and is expected to fight the charge of aggravated indecent assault at a preliminary hearing scheduled for Feb. 2

Talk to us

More in Local News

42 test positive for COVID-19 at Whidbey Island nursing home

The Coupeville facility’s 49 residents and 100 staff members have all been tested for the virus.

Hospitalized prisoner tests positive for COVID-19

He had been transported to a Snohomish County medical center for unrelated concerns.

Man accused in 100 mph chase: He was teaching a dog to drive

Troopers chased his car from Marysville to Arlington — then onto the Centennial Trail.

Tenant allegedly killed landlord in Everett, hid body

Everett police investigating a 67-year-old man’s presumed death after finding blood outside rental.

1 seriously injured in car crash on Lundeen Parkway

Firefighters had to remove two people from the wreckage Sunday night near 8th Place Northeast.

Stop flushing wipes, facial tissue, paper towels, cities beg

Coronavirus prompted a run on them. But they’re wreaking havoc on utilities across Snohomish County.

Comments welcome on the proposed Lake Stevens Costco

The company’s permit to fill wetlands is under review. Public comment is open until April 12.

Watch Gov. Jay Inslee’s Monday news conference here

He is expected to discuss enforcement of his stay-home order.

Trump uses wartime act but GM, Ventec are already moving fast

The carmaker is working with the Bothell company to produce up to 10,000 ventilators per month.

Most Read