Bill Cosby's lawyers press Pennsylvania judge to throw out criminal case lodged by accuser Andrea Constand – New York Daily News

A former Pennsylvania prosecutor testified Tuesday that a deal cut 11 years ago to spare Bill Cosby from a felony sex abuse charge was absolutely irreversible.

The agreement, where Cosby agreed to provide an uncensored deposition in a civil suit brought by one of his accusers, remained in effect “for all time,” said ex-Montgomery County District Attorney Bruce L. Castor.

Cosby’s lawyers cited the decade-old verbal agreement in calling for dismissal of the felony count against Cosby from a 2004 sexual encounter with one-time Temple University athletic department worker Andrea Constand.

Castor’s testimony came on a busy day for Cosby’s legal team, which waged a bi-coastal legal battle against Constand and one of his California-based accusers.

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The day began with Castor testifying that he passed on bringing criminal charges against Cosby in 2005 because the case against the comedian was problematic.

There were several red flags when the investigation reached his office: Accuser Constand waited a year to bring the allegations, there were inconsistencies in her statements and she spoke with a lawyer before the police, Castor recalled at the hearing.

Bill Cosby arrived for a preliminary hearing on sexual assault charges at the Montgomery County Courthouse in Norristown, Penn. Cosby has been charged with the 2004 sexual assault of Andrea Constand, a former women's basketball team manager at Temple University.MARK MAKELA/REUTERS

Bill Cosby arrived for a preliminary hearing on sexual assault charges at the Montgomery County Courthouse in Norristown, Penn. Cosby has been charged with the 2004 sexual assault of Andrea Constand, a former women’s basketball team manager at Temple University.

One of Castor’s successors charged Cosby in the attack in late December 2015 after the damning deposition from the funnyman was made public.

Cosby, under questioning, admitted to a series of affairs with young models and actresses, to drugging women with quaaludes before sex, and to providing Constand with three pills before the January 2004 sexual encounter at his suburban Philadelphia estate.

Castor said Cosby’s candor was evidence of the deal made with the prosecutor.

“Cosby would have been nuts to say those things if there was any chance he could’ve been prosecuted,” said Castor.

Under the agreement, Cosby was told to testify without fear of prosecution in the civil lawsuit filed by Constand — who claimed the mega-star drugged and sexually assaulted her.

Castor testified that he believed Cosby’s blunt admissions in the deposition would undermine the entertainer’s civil suit defense: “I was hopeful that I had made Ms. Constand a millionaire.”

In Santa Monica, Calif., attorney Gloria Allred — representing another Cosby accuser in a civil suit — said the Pennsylvania prosecution should go forward.

“My position of course is that it should not be dismissed,” Allred told the Daily News. “There was no order of the court granting immunity.”

Allred’s client Judy Huth, 57, charged in her 2014 suit that Cosby lured her to the notorious Playboy Mansion when she was just 15 and sexually abused her.

Allred won her fight Tuesday to bring Cosby in for a second deposition in the case, with Los Angeles County Superior Court Judge Craig

Karlan ordering another Q&A session to take place before the end of the month.

The 78-year-old Cosby can raise any objections about the questions at the deposition, Karlan ruled. During the first session, Cosby refused to answer certain queries from Huth’s lawyers.

Members of Bill Cosby's law team, from left, Monique Pressley, Christopher Tayback and Brian McMonagle. The defense will argue that Cosby had a deal with a suburban Philadelphia prosecutor in 2005 that he wouldn't be prosecuted in Constand's civil lawsuit.Clem Murray/AP

Members of Bill Cosby’s law team, from left, Monique Pressley, Christopher Tayback and Brian McMonagle. The defense will argue that Cosby had a deal with a suburban Philadelphia prosecutor in 2005 that he wouldn’t be prosecuted in Constand’s civil lawsuit.

Back in Pennsylvania, a shaky Cosby ignored reporters’ questions as he arrived for the hearing.

The former television icon, accused of sexual molestation by dozens of women but only criminally charged in the Constand case, walked unsteadily into a suburban Philadelphia courthouse.

Cosby, in a tan suit and tie, was assisted by two associates as he walked up the ramp to the Montgomery County Courthouse around 9 a.m.

One of the pair held Cosby’s cane.

The man known as “America’s Dad” chatted with the two men while turning a deaf ear to questions from reporters.

When the 2005 testimony was made public last year, current prosecutors reopened the case and eventually charged Cosby with sexually abusing Constand.

Andrea Constand walks her dogs in Toronto, Canada. Cosby was arrested on felony assault charges stemming from a 2004 encounter with Constand at his suburban Philadelphia home.Marta Iwanek/AP

Andrea Constand walks her dogs in Toronto, Canada. Cosby was arrested on felony assault charges stemming from a 2004 encounter with Constand at his suburban Philadelphia home.

Cosby, arrested last Dec. 30 before the statute of limitations in the case expired, could face up to 10 years in prison if convicted.

Cosby has yet to enter a plea in the case. It was unclear when Common Pleas Judge Steven T. O’Neill might rule on the defense gambit.

The comedian insisted the incident was consensual, but Constand said she woke up after taking the pills to find Cosby wearing a bathrobe and her clothes in disarray.

Castor has maintained there was an oral “non-prosecution” agreement made with Cosby lawyer Walter M. Phillips Jr. — who died last year.

Temple University board chairman Patrick O’Connor, who represented Cosby at the deposition, could be called to corroborate Castor’s story.

O’Connor continues to represent Cosby in some civil matters.

Cosby appeared frail when arriving at the courthouse, requiring help from two associates.MARK MAKELA/REUTERS

Cosby appeared frail when arriving at the courthouse, requiring help from two associates.

The lawyer who served as Castor’s top assistant in 2005 could also be called to testify.

Risa Vetri Ferman, now a county judge but then Castor’s top assistant, could also appear as a witness.

Current county DA Kevin Steele argues that Cosby needed a written agreement of immunity to avoid charges stemming from the deposition.

The prosecutor says he has yet to see anything in writing from the Cosby camp.

With News Wire Services

lmcshane@nydailynews.com

Tags:
bill cosby ,
pennsylvania ,
philadelphia

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