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814 KB
Extraction Summary
5
People
5
Organizations
4
Locations
3
Events
2
Relationships
4
Quotes
Document Information
Type:
Legal filing / court exhibit (excerpt of legal opinion/brief)
File Size:
814 KB
Summary
This document is a page from a legal filing in the Ghislaine Maxwell case (Case 1:20-cr-00330-PAE), appearing to cite the precedent of the Bill Cosby case (Commonwealth v. Cosby). The text details former D.A. Bruce Castor's legal strategy to issue a non-prosecution statement for Bill Cosby specifically to prevent him from invoking the Fifth Amendment in a civil suit filed by Andrea Constand. It includes the text of a press release announcing the conclusion of the investigation into the January 2004 allegations.
People (5)
| Name | Role | Context |
|---|---|---|
| Bill Cosby | Subject of investigation |
Actor and comic accused of inappropriate touching; subject of non-prosecution decision.
|
| Bruce L. Castor, Jr. | Montgomery County District Attorney |
Issued the decision not to prosecute Cosby to force testimony in a civil suit.
|
| Phillips | Attorney |
Lawyer representing Cosby (implied) who agreed with Castor's legal assessment regarding the Fifth Amendment.
|
| Andrea Constand | Victim/Plaintiff |
Identified as the person whose lawyers wanted to bring a civil suit.
|
| 31 year old female | Complainant |
Former employee of Temple University Athletic Department who complained to detectives (refers to Andrea Constand).
|
Organizations (5)
| Name | Type | Context |
|---|---|---|
| Commonwealth of Pennsylvania |
Sovereign legal entity represented by the DA.
|
|
| Montgomery County District Attorney's Office |
Office conducting the investigation.
|
|
| Cheltenham Township Police Department |
Police department involved in the joint investigation.
|
|
| Temple University |
Employer of the complainant (Athletic Department).
|
|
| Department of Justice |
Referenced in footer (DOJ-OGR).
|
Timeline (3 events)
January 2004
Alleged inappropriate touching during a visit to Cosby's home.
Cosby's home, Cheltenham Township
Bill Cosby
31 year old female (Andrea Constand)
Locations (4)
| Location | Context |
|---|---|
|
Jurisdiction of the legal matter.
|
|
|
Location of Bill Cosby's residence.
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|
|
Location where the woman reported the allegation to police.
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|
|
Referenced in relation to law.
|
Relationships (2)
Discussed legal strategy regarding the 5th Amendment waiver.
Constand's lawyers wanted to bring a civil suit; she complained he touched her inappropriately.
Key Quotes (4)
"that meant that Mr. Cosby would not be allowed to take the Fifth Amendment in the subsequent civil suit"Source
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Quote #1
"Mr. Cosby was not getting prosecuted at all ever as far as I was concerned."Source
DOJ-OGR-00004824.jpg
Quote #2
"it was “absolutely” his intent to remove “for all time” the possibility of prosecution, because “the ability to take the Fifth Amendment is also for all time removed.”"Source
DOJ-OGR-00004824.jpg
Quote #3
"A 31 year old female, a former employee of the Athletic Department of Temple University complained to detectives that Cosby touched her inappropriately"Source
DOJ-OGR-00004824.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (2,435 characters)
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 12 of 80
defects in the case, that the case could not be won and that I was going to
make a public statement that we were not going to charge Mr. Cosby.
make a public statement that we were not going to charge Mr. Cosby.
I told him that I was making it as the sovereign Commonwealth of
Pennsylvania and, in my legal opinion, that meant that Mr. Cosby would not
be allowed to take the Fifth Amendment in the subsequent civil suit that
Andrea Constand’s lawyers had told us they wanted to bring.
Pennsylvania and, in my legal opinion, that meant that Mr. Cosby would not
be allowed to take the Fifth Amendment in the subsequent civil suit that
Andrea Constand’s lawyers had told us they wanted to bring.
[Attorney] Phillips agreed with me that that is, in fact, the law of
Pennsylvania and of the United States and agreed that if Cosby was
subpoenaed, he would be required to testify.
Pennsylvania and of the United States and agreed that if Cosby was
subpoenaed, he would be required to testify.
But those two things were not connected one to the other. Mr. Cosby was
not getting prosecuted at all ever as far as I was concerned. And my belief
was that, as the Commonwealth and the representative of the sovereign,
that I had the power to make such a statement and that, by doing so, as a
matter of law Mr. Cosby would be unable to assert the Fifth Amendment in
a civil deposition.
not getting prosecuted at all ever as far as I was concerned. And my belief
was that, as the Commonwealth and the representative of the sovereign,
that I had the power to make such a statement and that, by doing so, as a
matter of law Mr. Cosby would be unable to assert the Fifth Amendment in
a civil deposition.
[Attorney] Phillips, a lawyer of vastly more experience even than me—and
I had 20 years on the job by that point—agreed with my legal assessment.
And he said that he would communicate that to the lawyers who were
representing Mr. Cosby in the pending civil suit.
I had 20 years on the job by that point—agreed with my legal assessment.
And he said that he would communicate that to the lawyers who were
representing Mr. Cosby in the pending civil suit.
Id. at 64-66. Recalling his thought process at the time, the former district attorney further
emphasized that it was “absolutely” his intent to remove “for all time” the possibility of
prosecution, because “the ability to take the Fifth Amendment is also for all time removed.”
Id. at 67.
emphasized that it was “absolutely” his intent to remove “for all time” the possibility of
prosecution, because “the ability to take the Fifth Amendment is also for all time removed.”
Id. at 67.
Consistent with his discussion with Attorney Phillips, D.A. Castor issued another
press release, this time informing the public that he had decided not to prosecute Cosby.
The press release stated, in full:
press release, this time informing the public that he had decided not to prosecute Cosby.
The press release stated, in full:
Montgomery County District Attorney Bruce L. Castor, Jr. has announced
that a joint investigation by his office and the Cheltenham Township Police
Department into allegations against actor and comic Bill Cosby is
concluded. Cosby maintains a residence in Cheltenham Township,
Montgomery County.
that a joint investigation by his office and the Cheltenham Township Police
Department into allegations against actor and comic Bill Cosby is
concluded. Cosby maintains a residence in Cheltenham Township,
Montgomery County.
A 31 year old female, a former employee of the Athletic Department of
Temple University complained to detectives that Cosby touched her
inappropriately during a visit to his home in January of 2004. The woman
reported the allegation to police in her native Canada on January 13, 2005.
Temple University complained to detectives that Cosby touched her
inappropriately during a visit to his home in January of 2004. The woman
reported the allegation to police in her native Canada on January 13, 2005.
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DOJ-OGR-00004824
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