Bill Cosby sexual assault case could be thrown out

Prosecutor may have promised comedian he would not be charged over 2005 deposition

A judge must decide whether there was an immunity deal in place over a 2005 lawsuit against Bill Cosby. File photograph: Eric Thayer/Reuters
A judge must decide whether there was an immunity deal in place over a 2005 lawsuit against Bill Cosby. File photograph: Eric Thayer/Reuters

A former prosecutor is expected to say that he promised Bill Cosby would never be charged over a Pennsylvania sex-assault complaint, but a judge must decide if that constitutes an immunity deal.

Then-district attorney Bruce Castor will be a key defence witness at a February 2nd hearing to determine if the case is thrown out.

The defence argues that prosecutors who arrested Mr Cosby last month unfairly used his deposition evidence from the accuser’s 2005 lawsuit against him. Mr Castor supports their position.

But new district attorney Kevin Steele says there is no evidence of a signed immunity agreement. Accuser Andrea Constand's lawyer says she does not know of one.

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The deposition shows Mr Cosby giving evidence that he gave Ms Constand wine and pills before performing a sex act. He calls it consensual. She says she was drugged and violated.

PA