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769 KB
Extraction Summary
6
People
2
Organizations
1
Locations
2
Events
2
Relationships
3
Quotes
Document Information
Type:
Legal filing / court opinion exhibit
File Size:
769 KB
Summary
This document is a page from a legal filing in the Ghislaine Maxwell case (Case 1:20-cr-00330-PAE), filed on July 2, 2021. The text is an excerpt from a judicial opinion (likely the Pennsylvania Supreme Court ruling overturning Bill Cosby's conviction), which is being cited as a precedent. It discusses the principles of 'fundamental fairness' and 'detrimental reliance' regarding non-prosecution agreements/decisions by District Attorneys, arguing that the Montgomery County DA must abide by the former DA's promise not to prosecute Cosby. This was likely submitted by Maxwell's defense to argue that the Epstein Non-Prosecution Agreement should similarly protect her.
People (6)
| Name | Role | Context |
|---|---|---|
| Cosby | Defendant (in cited case) |
Subject of a legal argument regarding non-prosecution agreements and detrimental reliance.
|
| D.A. Castor | District Attorney (former) |
Made a charging decision intended to induce waiver of Cosby's rights.
|
| Constand | Victim/Civil Plaintiff |
Involved in the incident regarding Cosby; her civil attorneys received inculpatory statements.
|
| McSorley | Defendant (cited case case) |
Cited in Commonwealth v. McSorley regarding plea offer enforcement.
|
| Stipetich | Defendant (cited case) |
Subject of a case regarding a defective non-prosecution agreement involving drug sources.
|
| Kratsas | Legal Precedent |
Cited case regarding fundamental fairness.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Montgomery County District Attorney’s Office |
The office being compelled to stand by the decision of its former elected head.
|
|
| Commonwealth |
Refers to the Commonwealth of Pennsylvania (implied by case citations).
|
Timeline (2 events)
Decade-old decision (contextual)
D.A. Castor made a public decision not to prosecute Cosby to induce a waiver of rights.
Montgomery County
July 2, 2021
Document filed in Case 1:20-cr-00330-PAE (United States v. Ghislaine Maxwell).
Court Filing
Locations (1)
| Location | Context |
|---|---|
|
Jurisdiction of the District Attorney's Office mentioned.
|
Relationships (2)
Castor made a charging decision regarding Cosby.
Key Quotes (3)
"specific performance of D.A. Castor’s decision... is the only remedy that comports with society’s reasonable expectations"Source
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Quote #1
"Cosby reasonably relied to his detriment upon that decade-old decision when he declined to attempt to avail himself of his privilege against compulsory self-incrimination"Source
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Quote #2
"compelling the Montgomery County District Attorney’s Office to stand by the decision of its former elected head"Source
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Quote #3
Full Extracted Text
Complete text extracted from the document (2,223 characters)
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 74 of 80
fairness required enforcement of the prosecution’s plea offer that was later withdrawn,
where the defendant detrimentally relied upon the offer); Commonwealth v. McSorley,
485 A.2d 15, 20 (Pa. Super. 1984), aff'd, 506 A.2d 895 (Pa. 1986) (per curiam) (enforcing
an incomplete agreement based upon detrimental reliance). As noted earlier, the
principle of fundamental fairness, as embodied in our Constitutions, requires courts to
examine whether the challenged “conduct offends some principle of justice so rooted in
the traditions and conscience of our people as to be ranked as fundamental and that
defines the community’s sense of fair play and decency.” Kratsas, 764 A.2d at 27.
where the defendant detrimentally relied upon the offer); Commonwealth v. McSorley,
485 A.2d 15, 20 (Pa. Super. 1984), aff'd, 506 A.2d 895 (Pa. 1986) (per curiam) (enforcing
an incomplete agreement based upon detrimental reliance). As noted earlier, the
principle of fundamental fairness, as embodied in our Constitutions, requires courts to
examine whether the challenged “conduct offends some principle of justice so rooted in
the traditions and conscience of our people as to be ranked as fundamental and that
defines the community’s sense of fair play and decency.” Kratsas, 764 A.2d at 27.
In our view, specific performance of D.A. Castor’s decision, in the form of barring
Cosby’s prosecution for the incident involving Constand, is the only remedy that comports
with society’s reasonable expectations of its elected prosecutors and our criminal justice
system. It bears repeating that D.A. Castor intended his charging decision to induce the
waiver of Cosby’s fundamental constitutional right, which is why the prosecutor rendered
his decision in a very public manner. Cosby reasonably relied to his detriment upon that
decade-old decision when he declined to attempt to avail himself of his privilege against
compulsory self-incrimination and when he provided Constand’s civil attorneys with
inculpatory statements. Under these circumstances, neither our principles of justice, nor
society’s expectations, nor our sense of fair play and decency, can tolerate anything short
of compelling the Montgomery County District Attorney’s Office to stand by the decision
of its former elected head.
Cosby’s prosecution for the incident involving Constand, is the only remedy that comports
with society’s reasonable expectations of its elected prosecutors and our criminal justice
system. It bears repeating that D.A. Castor intended his charging decision to induce the
waiver of Cosby’s fundamental constitutional right, which is why the prosecutor rendered
his decision in a very public manner. Cosby reasonably relied to his detriment upon that
decade-old decision when he declined to attempt to avail himself of his privilege against
compulsory self-incrimination and when he provided Constand’s civil attorneys with
inculpatory statements. Under these circumstances, neither our principles of justice, nor
society’s expectations, nor our sense of fair play and decency, can tolerate anything short
of compelling the Montgomery County District Attorney’s Office to stand by the decision
of its former elected head.
In Stipetich, we briefly contemplated a remedy for the breach of a defective non-
prosecution agreement. In that case, Stipetich agreed with the police that, if he revealed
his source for obtaining drugs, no charges would be filed against him or his wife.
Stipetich, 652 A.2d at 1294-95. Even though Stipetich fulfilled his end of the bargain,
charges still were filed against him and his wife. Id. at 1295. The Stipetiches sought
prosecution agreement. In that case, Stipetich agreed with the police that, if he revealed
his source for obtaining drugs, no charges would be filed against him or his wife.
Stipetich, 652 A.2d at 1294-95. Even though Stipetich fulfilled his end of the bargain,
charges still were filed against him and his wife. Id. at 1295. The Stipetiches sought
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DOJ-OGR-00004886
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