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Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 21 of 80

Likewise, he did not recall the specific statement, "[i]n Pennsylvania we charged people for criminal conduct. We don't charge people with making a mistake or doing something foolish;" however, he indicated that it is a true statement.

As part of the 2005 investigation, [Cosby] gave a full statement to law enforcement and his Pennsylvania and New York homes were searched. [Cosby] was accompanied by counsel and did not invoke the Fifth Amendment at any time during the statement. After [Cosby's] interview, Ms. Constand was interviewed a second time. Mr. Castor never personally met with Ms. Constand. Following that interview of Ms. Constand, Mr. Castor spoke to [Cosby's] attorney Walter M. Phillips, Jr. Mr. Phillips told Mr. Castor that during the year between the assault and the report, Ms. Constand had multiple phone contacts with [Cosby]. Mr. Phillips was also concerned that Ms. Constand had recorded phone calls with [Cosby]. Mr. Phillips told Mr. Castor that if he obtained the phone records and the recorded calls he would conclude that Ms. Constand and her mother were attempting was to get money from [Cosby] so they would not go to the police. While he did not necessarily agree with the conclusions Mr. Phillips thought would be drawn from the records, Mr. Castor directed the police to obtain the records. Mr. Castor's recollection was that there was an "inordinate number of [phone] contacts" between [Cosby] and Ms. Constand after the assault. He also confirmed the existence of at least two "wire interceptions," which he did not believe would be admissible.

As part of the 2005 investigation, allegations made by other women were also investigated. Mr. Castor delegated that investigation to Ms. Ferman. He testified that he determined that, in his opinion, these allegations were unreliable.

Following approximately one month of investigation, Mr. Castor concluded that "there was insufficient credible and admissible evidenced upon which any charge against Mr. Cosby related to the Constand incident could be proven beyond a reasonable doubt." He testified that he could either leave the case open at that point or definitively close the case to allow a civil case. He did not believe there was a chance that the criminal case could get any better. He believed Ms. Constand's actions created a credibility issue that could not be overcome.

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Mr. Castor further indicated, "Mr. Phillips never agreed to anything in exchange for Mr. Cosby not being prosecuted." Mr. Castor testified that he told Mr. Philips of his legal assessment and then told Ms. Ferman of the analysis and directed her to contact Constand's attorneys. He testified that she was to contact the attorneys to let them know that "Cosby was not going to be prosecuted and that the purpose for that was that I wanted to create

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