DOJ-OGR-00004810.jpg
826 KB
Extraction Summary
6
People
6
Organizations
4
Locations
6
Events
6
Relationships
2
Quotes
Document Information
Type:
Legal letter
File Size:
826 KB
Summary
This legal letter, dated July 2, 2021, from Cohen & Gresser LLP to Judge Alison J. Nathan, cites the recent Pennsylvania Supreme Court decision vacating William Henry Cosby Jr.'s conviction. The letter argues that this precedent supports Ghislaine Maxwell's supplemental motion to dismiss charges, as the government allegedly failed to honor a non-prosecution agreement, similar to the District Attorney's office in the Cosby case. It details the circumstances of the Cosby case, including Andrea Constand's allegations and the initial decision by DA Bruce Castor not to prosecute due to insufficient evidence.
People (6)
| Name | Role | Context |
|---|---|---|
| Christian R. Everdell |
Contact person for Cohen & Gresser LLP, sender of the letter
|
|
| Alison J. Nathan | The Honorable Judge |
Recipient of the letter, Judge of the United States District Court
|
| Ghislaine Maxwell | Defendant |
Subject of the case 'United States v. Ghislaine Maxwell', whose defense is supported by this letter
|
| William Henry Cosby Jr. | Defendant |
Subject of the case 'Commonwealth of Pennsylvania v. William Henry Cosby Jr.', whose vacated conviction is cited as p...
|
| Andrea Constand | Alleged victim |
Alleged victim in the 'Cosby' case
|
| Bruce Castor | then-District Attorney |
District Attorney who determined there was insufficient evidence to bring criminal charges against Mr. Cosby
|
Organizations (6)
| Name | Type | Context |
|---|---|---|
| COHEN & GRESSER LLP | law firm |
Sender of the letter
|
| United States District Court | government agency |
Court where Judge Alison J. Nathan presides, recipient of the letter
|
| Southern District of New York | government agency |
Jurisdiction of the United States District Court
|
| Supreme Court of Pennsylvania | government agency |
Court that issued the decision in 'Commonwealth of Pennsylvania v. William Henry Cosby Jr.'
|
| District Attorney's Office | government agency |
Office that prosecuted Mr. Cosby and failed to live up to its promise
|
| Montgomery County District Attorney’s Office | government agency |
Office that investigated allegations against Mr. Cosby
|
Timeline (6 events)
2004-01
Andrea Constand alleged that Mr. Cosby sexually assaulted her in his residence.
2021-06-30
The Supreme Court of Pennsylvania vacated Mr. Cosby’s conviction and sentence.
Pennsylvania
2021-07-02
Cohen & Gresser LLP submitted a letter to the United States District Court.
New York, NY
Christian R. Everdell
The Honorable Alison J. Nathan
The Montgomery County District Attorney’s Office investigated the allegations against Mr. Cosby.
District Attorney Bruce Castor determined that there was insufficient credible and admissible evidence to bring criminal charges against Mr. Cosby.
Locations (4)
| Location | Context |
|---|---|
|
Address of COHEN & GRESSER LLP
|
|
|
Location of COHEN & GRESSER LLP and the United States Courthouse
|
|
|
Address of the United States Courthouse
|
|
|
State where the Supreme Court case 'Commonwealth of Pennsylvania v. William Henry Cosby Jr.' took place
|
Relationships (6)
Christian R. Everdell is associated with and sends the letter on behalf of COHEN & GRESSER LLP.
Alison J. Nathan is a Judge of the United States District Court.
Ghislaine Maxwell is the defendant in the case 'United States v. Ghislaine Maxwell'.
William Henry Cosby Jr. is the defendant in the case 'Commonwealth of Pennsylvania v. William Henry Cosby Jr.'.
Andrea Constand alleged that Mr. Cosby sexually assaulted her.
Bruce Castor was the then-District Attorney for the Montgomery County District Attorney’s Office.
Full Extracted Text
Complete text extracted from the document (2,548 characters)
Case 1:20-cr-00330-PAE Document 310 Filed 07/02/21 Page 1 of 3
C&G
COHEN & GRESSER LLP
800 Third Avenue
New York, NY 10022
+1 212 957 7600 phone
www.cohengresser.com
Christian R. Everdell
+1 (212) 957-7600
ceverdell@cohengresser.com
July 2, 2021
BY ECF
The Honorable Alison J. Nathan
United States District Court
Southern District of New York
United States Courthouse
40 Foley Square
New York, NY 10007
Re: United States v. Ghislaine Maxwell, S2 20 Cr. 330 (AJN)
Dear Judge Nathan:
We respectfully submit this letter to bring to the Court’s attention the recent decision by
the Supreme Court of Pennsylvania in Commonwealth of Pennsylvania v. William Henry Cosby
Jr., J-100-2020 (Jun. 30, 2021), in which the Court vacated Mr. Cosby’s conviction and sentence
because the District Attorney’s Office that prosecuted him failed to live up to its express promise
not to prosecute Mr. Cosby for the same crimes for which he was later convicted.1 Ms. Maxwell’s
case presents a similar situation. As we argued in our supplemental pretrial motions currently
pending before the Court (Dkt. 293), the government has failed to abide by its promise not to
prosecute Ms. Maxwell for the offenses for which she was immunized by the Epstein Non-
Prosecution Agreement (“NPA”). We submit that this decision provides support for Ms.
Maxwell’s supplemental motion to dismiss Counts One, Three, Five, and Six of the S2 Indictment
for violation of the NPA.
In Cosby, Andrea Constand alleged that Mr. Cosby sexually assaulted her in his residence
in January 2004. (Op. 4-5). Ms. Constand did not immediately report the assault to law
enforcement authorities and continued to have contact with Mr. Cosby in the following months.
(Id. at 5-7). In January 2005, approximately one year after the assault, Ms. Constand reported Mr.
Cosby’s conduct to the police. (Id. at 6). The Montgomery County District Attorney’s Office
investigated the allegations, but then-District Attorney Bruce Castor determined that “there was
insufficient credible and admissible evidence” to bring criminal charges against Mr. Cosby. (Id. at
7-10). Among the factors weighing against bringing charges were that (i) Ms. Constand had
waited a year to file her complaint, which diminished the reliability of Ms. Constand’s
recollections; (ii) Ms. Constand’s statements about the events were inconsistent; (iii) there was a
lack of corroborating evidence; (iv) Ms. Constand continued to speak to and meet with Mr. Cosby
1 The opinion (“Op.”) is attached to this letter as Exhibit A.
DOJ-OGR-00004810
C&G
COHEN & GRESSER LLP
800 Third Avenue
New York, NY 10022
+1 212 957 7600 phone
www.cohengresser.com
Christian R. Everdell
+1 (212) 957-7600
ceverdell@cohengresser.com
July 2, 2021
BY ECF
The Honorable Alison J. Nathan
United States District Court
Southern District of New York
United States Courthouse
40 Foley Square
New York, NY 10007
Re: United States v. Ghislaine Maxwell, S2 20 Cr. 330 (AJN)
Dear Judge Nathan:
We respectfully submit this letter to bring to the Court’s attention the recent decision by
the Supreme Court of Pennsylvania in Commonwealth of Pennsylvania v. William Henry Cosby
Jr., J-100-2020 (Jun. 30, 2021), in which the Court vacated Mr. Cosby’s conviction and sentence
because the District Attorney’s Office that prosecuted him failed to live up to its express promise
not to prosecute Mr. Cosby for the same crimes for which he was later convicted.1 Ms. Maxwell’s
case presents a similar situation. As we argued in our supplemental pretrial motions currently
pending before the Court (Dkt. 293), the government has failed to abide by its promise not to
prosecute Ms. Maxwell for the offenses for which she was immunized by the Epstein Non-
Prosecution Agreement (“NPA”). We submit that this decision provides support for Ms.
Maxwell’s supplemental motion to dismiss Counts One, Three, Five, and Six of the S2 Indictment
for violation of the NPA.
In Cosby, Andrea Constand alleged that Mr. Cosby sexually assaulted her in his residence
in January 2004. (Op. 4-5). Ms. Constand did not immediately report the assault to law
enforcement authorities and continued to have contact with Mr. Cosby in the following months.
(Id. at 5-7). In January 2005, approximately one year after the assault, Ms. Constand reported Mr.
Cosby’s conduct to the police. (Id. at 6). The Montgomery County District Attorney’s Office
investigated the allegations, but then-District Attorney Bruce Castor determined that “there was
insufficient credible and admissible evidence” to bring criminal charges against Mr. Cosby. (Id. at
7-10). Among the factors weighing against bringing charges were that (i) Ms. Constand had
waited a year to file her complaint, which diminished the reliability of Ms. Constand’s
recollections; (ii) Ms. Constand’s statements about the events were inconsistent; (iii) there was a
lack of corroborating evidence; (iv) Ms. Constand continued to speak to and meet with Mr. Cosby
1 The opinion (“Op.”) is attached to this letter as Exhibit A.
DOJ-OGR-00004810
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