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865 KB
Extraction Summary
7
People
2
Organizations
5
Locations
5
Events
5
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
865 KB
Summary
This document is a page from a legal filing, dated July 2, 2021, detailing the history of Bill Cosby's case. It reproduces a trial court's summary of testimony from a 2016 habeas corpus hearing, focusing on former District Attorney Bruce L. Castor, Jr.'s 2005 decision-making process. The text recounts Castor's testimony about his investigation into Andrea Constand's allegations, including his rationale for assigning specific detectives and his assessment of the case's weaknesses, such as the delayed reporting and inconsistencies in statements.
People (7)
| Name | Role | Context |
|---|---|---|
| D.A. Castor | former District Attorney |
Mentioned as having made a purported promise not to prosecute Cosby.
|
| Cosby |
Subject of a prosecution and habeas petition, who allegedly received a promise not to be prosecuted.
|
|
| Bruce L. Castor, Jr. | District Attorney |
Issued a press release in 2005 announcing an investigation into Ms. Constand's allegations and testified about his ha...
|
| Ms. Constand | Complainant |
Made allegations that were investigated by District Attorney Bruce L. Castor, Jr. in 2005.
|
| Ms. Ferman |
Supervised the investigation into Ms. Constand's allegations in 2005.
|
|
| Richard Peffall | County Detective |
Involved in the investigation into Ms. Constand's allegations under Ms. Ferman's supervision.
|
| Richard Schaffer | Detective |
A detective from Cheltenham involved in the investigation into Ms. Constand's allegations.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Commonwealth | government agency |
The entity on whose behalf D.A. Castor allegedly made a promise not to prosecute Cosby.
|
| Montgomery County District Attorney’s Office | government agency |
Subject of a motion to disqualify.
|
Timeline (5 events)
2005
Mr. Castor oversaw and Ms. Ferman supervised an investigation into Ms. Constand's allegations.
Montgomery County
2005-01-24
District Attorney Bruce L. Castor, Jr., issued a signed press release announcing an investigation into Ms. Constand’s allegations.
2019-05-14
The trial court issued its Pa.R.A.P. 1925(a) opinion, denying Cosby's habeas petition.
trial court
Locations (5)
| Location | Context |
|---|---|
|
The jurisdiction where the case was ultimately referred.
|
|
|
Where Ms. Constand first went to the police.
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|
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Mentioned by Mr. Castor in a quote about investigating allegations against celebrities.
|
|
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Location where Ms. Constand contacted a lawyer.
|
|
|
Location associated with Detective Richard Schaffer.
|
Relationships (5)
Castor, as District Attorney, investigated allegations against Cosby and purportedly made a promise not to prosecute him.
Castor, as District Attorney, investigated Ms. Constand's allegations against Cosby.
Castor oversaw the investigation that Ms. Ferman supervised.
Castor assigned Peffall to the investigation into Ms. Constand's allegations.
Castor assigned Schaffer to the investigation into Ms. Constand's allegations.
Key Quotes (3)
"the only conclusion that was apparent” from the record “was that no agreement or promise not to prosecute ever existed, only the exercise of prosecutorial discretion."Source
— trial court
(From the trial court's Pa.R.A.P. 1925(a) opinion explaining the denial of Cosby's habeas petition.)
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Quote #1
"I assigned who I thought were our best people to the case. And I took an active role as District Attorney because I thought I owed it to Canada to show that, in America, we will investigate allegations against celebrities."Source
— Mr. Castor
(Testimony from Mr. Castor during the habeas corpus hearing, explaining his handling of the investigation.)
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Quote #2
"weak"Source
— Mr. Castor (attributed)
(A description of the case attributed to Mr. Castor in press quotes from a 2005 press conference, which he testified he did not recall.)
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Quote #3
Full Extracted Text
Complete text extracted from the document (2,590 characters)
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 20 of 80
seeking, inter alia, dismissal of the charges based upon the former D.A. Castor’s
purported promise—made in his representative capacity on behalf of the
Commonwealth—that Cosby would not be prosecuted. The Commonwealth filed a
response to the motion, to which Cosby replied.
purported promise—made in his representative capacity on behalf of the
Commonwealth—that Cosby would not be prosecuted. The Commonwealth filed a
response to the motion, to which Cosby replied.
From February 2-3, 2016, the trial court conducted hearings on Cosby’s habeas
petition, which it ultimately denied. Later, in its Pa.R.A.P. 1925(a) opinion, the trial court
explained that “the only conclusion that was apparent” from the record “was that no
agreement or promise not to prosecute ever existed, only the exercise of prosecutorial
discretion.” Tr. Ct. Op. (“T.C.O.”), 5/14/2019, at 62. In support of this conclusion, the trial
court provided a lengthy summary of what it found to be the pertinent facts developed at
the habeas corpus hearing. Because our analysis in this case focuses upon the trial
court’s interpretation of those testimonies, we reproduce that court’s synopsis here:
petition, which it ultimately denied. Later, in its Pa.R.A.P. 1925(a) opinion, the trial court
explained that “the only conclusion that was apparent” from the record “was that no
agreement or promise not to prosecute ever existed, only the exercise of prosecutorial
discretion.” Tr. Ct. Op. (“T.C.O.”), 5/14/2019, at 62. In support of this conclusion, the trial
court provided a lengthy summary of what it found to be the pertinent facts developed at
the habeas corpus hearing. Because our analysis in this case focuses upon the trial
court’s interpretation of those testimonies, we reproduce that court’s synopsis here:
On January 24, 2005, then District Attorney Bruce L. Castor, Jr., issued a
signed press release announcing an investigation into Ms. Constand’s
allegations. Mr. Castor testified that as the District Attorney in 2005, he
oversaw the investigation into Ms. Constand’s allegations. Ms. Ferman
supervised the investigation along with County Detective Richard Peffall
and Detective Richard Schaffer of Cheltenham. Mr. Castor testified that “I
assigned who I thought were our best people to the case. And I took an
active role as District Attorney because I thought I owed it to Canada to
show that, in America, we will investigate allegations against celebrities.”
signed press release announcing an investigation into Ms. Constand’s
allegations. Mr. Castor testified that as the District Attorney in 2005, he
oversaw the investigation into Ms. Constand’s allegations. Ms. Ferman
supervised the investigation along with County Detective Richard Peffall
and Detective Richard Schaffer of Cheltenham. Mr. Castor testified that “I
assigned who I thought were our best people to the case. And I took an
active role as District Attorney because I thought I owed it to Canada to
show that, in America, we will investigate allegations against celebrities.”
Mr. Castor testified that Ms. Constand went to the Canadian police almost
exactly one year after the alleged assault and that the case was ultimately
referred to Montgomery County. The lack of a prompt complaint was
significant to Mr. Castor in terms of Ms. Constand’s credibility and in terms
of law enforcement’s ability to collect physical evidence. He also placed
significance on the fact that Ms. Constand told the Canadian authorities that
she contacted a lawyer in Philadelphia prior to speaking with them. He also
reviewed Ms. Constand’s statements to police. Mr. Castor felt that there
were inconsistencies in her statements. Mr. Castor did not recall press
quotes attributed to him calling the case “weak” at a 2005 press conference.
exactly one year after the alleged assault and that the case was ultimately
referred to Montgomery County. The lack of a prompt complaint was
significant to Mr. Castor in terms of Ms. Constand’s credibility and in terms
of law enforcement’s ability to collect physical evidence. He also placed
significance on the fact that Ms. Constand told the Canadian authorities that
she contacted a lawyer in Philadelphia prior to speaking with them. He also
reviewed Ms. Constand’s statements to police. Mr. Castor felt that there
were inconsistencies in her statements. Mr. Castor did not recall press
quotes attributed to him calling the case “weak” at a 2005 press conference.
upon pre-arrest delay; and (3) a motion to disqualify the Montgomery County District
Attorney’s Office.
Attorney’s Office.
[J-100-2020] - 19
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