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Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 25 of 80

the civil case could not be used against him, thereby forcing
him to be deposed and perhaps testify in a civil trial without
the ability to “take the 5th.” I decided to create the best
possible environment for the Plaintiff to prevail and be
compensated. By signing my name as District Attorney and
issuing the attached, I was “signing off” on the Commonwealth
not being able to use anything Cosby said in the civil case
against him in a criminal prosecution, because I was stating
the Commonwealth will not bring a case against Cosby for the
incident based on the then-available evidence in order to help
the Plaintiff prevail in her civil action . . . [n]aturally, if a
prosecution could be made out without using what Cosby
said, or anything derived from what Cosby said, I believed
then and continue to believe that a prosecution is not
precluded.

Mr. Castor testified that he intended to confer transactional immunity upon
[Cosby] and that his power to do so as the sovereign was derived from
common law not from the statutes of Pennsylvania. In his final email to Ms.
Ferman, Mr. Castor stated, “I never agreed we would not prosecute Cosby.”

As noted, Ms. Constand’s civil attorneys also testified at the hearing.
Dolores Troiani, Esq. testified that during the 2005 investigation, she had
no contact with the District Attorney’s office and limited contact with the
Cheltenham Police Department. Bebe Kivitz, Esq. testified that during the
2005 investigation she had limited contact with then-First Assistant District
Attorney Ferman. The possibility of a civil suit was never discussed with
anyone from the Commonwealth or anyone representing [Cosby] during the
criminal investigation. At no time did anyone from Cheltenham Police, or
the District Attorney’s Office, convey to Ms. Troiani, or Ms. Kivitz, that
[Cosby] would never be prosecuted. They learned that the criminal case
was declined from a reporter who came to Ms. Troiani’s office in the evening
of February 17, 2005 seeking comment about what Bruce Castor had done.
The reporter informed her that Mr. Castor had issued a press release in
which he declined prosecution. Ms. Troiani had not receive any prior
notification of the decision not to prosecute.

Ms. Constand and her attorneys did not request a declaration from Mr.
Castor that [Cosby] would not be prosecuted. Ms. Troiani testified that if
[Cosby] attempted to invoke the Fifth Amendment during his civil
depositions they would have filed a motion and he would have likely been
precluded since he had given a statement to police. If he was permitted to
assert a Fifth Amendment privilege, they would have been entitled to an
adverse inference jury instruction. Additionally, if [Cosby] asserted the Fifth
Amendment, Ms. Constand’s version of the story would have been the only
version for the jury to consider. Ms. Constand and her counsel had no
reason to request immunity. At no time during the civil suit did Ms. Troiani

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