Prosecutors tangled in the Bill Cosby trial threw their boss under the bus after admitting under oath to using questionable tactics to secure a conviction—including a groundbreaking claim that the comedian was tricked into a phony immunity deal to self-incriminate himself after giving cops ‘an exculpatory account’ of what happened at his Cheltenham estate with Andrea Constand, Your Content can exclusively reveal.
“As memorialized in Mr. Castor’s press release that a decision was made by the district attorney’s office not to prosecute this defendant—since we’re the Supreme Court—this case obviously has implications well beyond this defendant,” Justice David Wecht said during the Dec. 1 proceeding.
Justice Wecht added: “If your office’s word is not its bond and we validate your position here, what is the lesson that emerges from beyond this case for all cases going forward in Pennsylvania—do you understand my question?”
ADA Robert Fallin conceded to the defense’s long-held contention that it had an ironclad deal in 2005 with former Montgomery County D.A. Bruce Castor to avoid criminal prosecution if Cosby testified in a civil action, which he did.
“Simply because a prosecutor announces he or she is not going to press charges in a case—without more, that does not give the defendant license to say: ‘Wow, that’s transactional immunity.’” ADA Fallin emphasized.
“There is no reason for a prosecutor to say: ‘Okay, I’m not going to press charges, defendants free and clear forever no matter what turns up in the future.”
Fallin said prosecutors rescinded the reported immunity arrangement after a federal judge unsealed a civil deposition but reiterated the defense claim that the comedian cooperated with authorities to avoid invoking the Fifth as investigators deemed no criminal wrongdoing had occurred.
“Prosecutors should not and do not do that—they sometimes don’t press charges in a case.” ADA Fallin quipped. “But they never—in my experience—for the sake of a civil case, say: ‘We are never going to do that.'”
ADA Fallin continued: “It’s especially strange in this case because Castor ended this investigation while the investigation team was still strategizing on the next steps, and that’s from detective Richard Schaeffer’s testimony at trial.
“He said that when he got the call that the case was closed, he and his team were still mapping out the next steps in the investigation.”
After offering exculpatory evidence and providing authorities with complete access to his estate sometime in 2005, then-Montgomery County District Attorney Bruce Castor afforded the comedian immunity.
“After reviewing the above and consulting with County and Cheltenham detectives, the District Attorney finds insufficient, credible, and admissible evidence exists upon which any charge against Mr. Cosby could be sustained beyond a reasonable doubt,” reads a press release penned by then-DA Bruce Castor on Feb. 17, 2005.
“Everyone involved in this matter cooperated with investigators including the complainant and Mr. Cosby. This level of cooperation has helped the investigation proceed smoothly and efficiently.”
Justices Debra Todd and Wecht simultaneously interrupted ADA Fallin after he confirmed ‘Castor closed the case’ but ‘Cosby should not have relied on transactional immunity.’
“A sitting DA made a decision, memorialized in a press release, you don’t like that, you being the successors office that is, but why does that not bind you as the successor office?” asked Justice Wecht.
ADA Fallin replied: “If we’re just talking strictly about the press release—nobody should reasonably rely on that for transactional immunity.
“That defendant can take that press release and say: ‘I’m forever immune’ and then a court is later going to enforce that. That is not fair—that is not fair for the Commonwealth and that’s unreasonable for defendants to expect that.”
“The defendant sat for a police interview with multiple detectives during the investigation and he gave an exculpatory account with his interactions with Andrea Constand—he did not invoke his Fifth Amendment rights,” conceded ADA Fallin.
“The defendant was able to get through that interview and end up giving an exculpatory account.”
ADA Fallin says the comic’s lawyer ‘let him sit because it served their best interests.’
“If he had invoked his Fifth Amendment rights at the civil deposition, he would’ve faced negative consequences—and in fact, the victim’s attorneys testified they wanted him to invoke. It would’ve bettered their case,” Fallin bantered.
“So, the defendant sat for the civil depositions, tried to give an exculpatory account and essentially did, although he slipped up and made statements that came back to haunt him—but he was trying to do exactly what he had done before; he was trying to avoid negative consequences of invoking the Fifth in this situation and it backfired on him—that’s what happened.”
Sources involved in penning the 2005 immunity agreement between the previous DA and Cosby say prosecutors are compiling a ‘dirt diary’ documenting Steele’s questionable trial tactics—including claims that he ‘lied’ to the public about the case and slipped up at a civil deposition involving Constand.
What’s more, Philly-based high-profile criminal defense attorney A. Charles Peruto told Your Content it’s plausible to expect a third trial with ‘a lot less’ evidence.
“While you can never predict how the Court will vote in any case—it certainly seems from several Justice’s comments, we may see a third Cosby trial, with a lot less evidence.” Peruto said.
A well-placed courthouse whistleblower insists a deposition where Kevin Steele provided testimony holds the key to showcasing what really happened.
“Steele lied to the public that Bruce Castor should have arrested Cosby—a lie because he has since admitted that he needed the deposition and the ‘other victims’ to proceed,” a high-ranking official at the Montgomery County District Attorney’s Office with complete access to the case file and internal memos exclusively told Your Content.
“We also know that Steele’s campaign worked in lock-step with Constand’s lawyers,” the insider continued, noting Steele had been deposed in a civil suit involving chief Cosby accuser Andrea Constand.
“Kevin’s confided the team may have made mistakes in handling Cosby. But now, Judge O’Neill is refusing to take sides.
“Judge O’Neill accused Steele of ‘dereliction of duty’ for hightailing it to Hollywood and the judges may never forgive him.”
The Montgomery County District Attorney’s Office and representatives for Bill Cosby did not respond to requests for comment by Your Content in time for publication.
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As Your Content readers know, the comic was granted leave to appeal his conviction for in June, when Pennsylvania’s Supreme Court sensationally overturned an earlier denial by the state’s Superior Court.
The Supreme Court has agreed to review two aspects of the comedian’s case.
The seven judges will review Montgomery County Judge Steven T O’Neill’s decision to let prosecutors call five other accusers to testify about long-ago encounters that never resulted in charges.
And they will review his decision to allow the jury to hear unsubstantiated testimony from two-decade old depositions taken out of context at trial.
Judge Steven O’Neill has never explained why he allowed five women to testify in the second Cosby trial after allowing only one to do so at his first trial in 2017.
But when it came to the Commonwealth’s rebuttal of the defense’s points of appeal attorney—Adrianne Jappe did not get through her opening comments before the judges began interrupting and interrogating her on the relevance of the five prior bad acts witnesses.
Justice Dougherty pointed out that one of the women – Lise-Lotte Lublin – had ‘no actual recollection of sexual contact’ but merely of losing consciousness.
Jappe angered members of the court after instructing them not ‘to consider’ statistics in their decision making, according to an aide of one of the honorable justices.
Your Content exclusively revealed on Oct. 22 that Police in Arizona are stunned after a Pennsylvania prosecutor accommodated a fugitive prostitute to testify against the comedian in 2018.
Cosby, 83, has spent the past two years in a prison outside of Philadelphia after a jury convicted him in 2018 of three aggravated indecent assault counts—and the court deemed the elderly inmate a ‘sexually violent predator’ for posing an ‘imminent safety risk to women.’
From the moment the first witness took the stand, Your Content readers were spot-on in their questioning of trial tactics and backhanded deals cut amid the retrial.
But we conducted more than just research, providing game-changing scoops that impacted the trial to its core:
» Jun. 1, 17′: Bill Cosby to face a jury 13-years after allegations of sexual assault were made and ultimately debunked by investigating detectives.
» Jun. 5, 17′: Cosby arrives for his first day in court. Attorneys called the proceeding ‘an attack on human dignity.’
» Jun. 6, 17′: Jurors were drowned in reasonable doubt ‘on day two’ of the trial when attorneys revealed the motivation behind the ‘witness cult’s’ testimony: a $100 million payday.
» ‘One lie begets another lie begets another lie’: The judge finally cracked down on overzealous prosecutors after they tried tricking him by rephrasing the same question six times.
» Jun. 9, 17′: The trial’s briefest yet most powerful cross examination that derailed the questionable proceeding in just fifteen minutes.
» Jun. 12, 17′: Moments before the jury left to deliberate, Cosby’s lawyers moved for a mistrial on the grounds that the chief accuser had changed her story nearly two-dozen times.
» The ‘defining moment’ of the trial erupted as lawyers outed a hand-picked George Soros district attorney who prosecuted the funnyman solely to ‘bang on his throne.’
» Jun. 13, 17′: The chief Cosby accuser unleashed a tsunami of reasonable doubt upon jurors, who continually asked the court reread her testimony to weed out the conflicting statements.
» Jun. 15, 17′: Blockbuster revelations by Your Content funneled to our tipline by a juror claimed they would not be reaching a unanimous verdict.
» Despite a deadlocked jury, the hard-nosed court ordered they return after the weekend to continue deliberating until reaching a unanimous verdict.
» Jun. 17, 17′: After the jury informed the court once more of their deadlock, the judge declared a mistrial.
» Oct. 20, 17′: The former district attorney files a lawsuit against chief Cosby accuser Andrea Constand for working hand-in-glove with his competitor, Soros-funded Kevin Steele, in effort to secure an election and conviction.
» Nov. 9, 17′: An explosive report by Your Content reveals new information about Constand’s potential motivation behind the trial.
» Nov. 22, 17′: Your Content discovered Soros’ hand-picked district attorney worked closely with Constand to coordinate television commercials amid the heated election.
» How prosecutors initially claimed the former district attorney was ‘suing Contand more or less because he blames her for cooperating with police.’
» Jan. 11, 18′: Your Content attends a dinner with the funnyman for an exclusive tell-all before the retrial: ‘We’re Ready.’
» Jan. 28, 18′: Soros’ hand-picked district attorney is accused of destroying evidence and allowing perjury to secure a conviction. The FBI ‘cannot confirm nor deny’ an investigation into the accusations.
» Mar. 28, 18′: An exclusive Your Content investigation revealed that the presiding judge carried out an extramarital affair with a staffer of a key witness.
» Apr. 7, 18′: A juror is overheard by a Your Content reporter calling the comic ‘guilty’ immediately after being selected to serve on the panel.
» Apr. 10, 18′: Your Content exclusively reports that the prosecution intends to fly a wanted fugitive to testify, and they wined and housed the prostitute-turned-witness.
» Apr. 12, 18′: A key witness makes a bombshell revelation and confirms she previously sold Quaaludes to friends and never obtained the pill from Cosby.
» The moment Janice Dickinson revealed Robert De Niro partied at a nightclub that was full of ‘sex, drugs, cocaine and tea.’
» As their stories collided, accusers turned blame to magazine editors at New York Magazine of ‘condensing and editing’ their statements to publish on the cover.
» Your Content was first to report that the chief Cosby accuser claimed the comic tricked her into the situation by bribing her with ‘baked goods.’
» The powerful opening statement that painted the chief Cosby accuser as an ‘inconsistent money-hungry con artist.’
» Apr. 15, 18′: Chief Cosby accuser Andrea Constand officially provides the sixth conflicting story as cross examination continued.
» Apr. 16, 18′: Constand is asked to reread all of her inconsistent statements back to the jury.
» When Hollywood’s heaviest-hitting private detective Scott Ross served Constand with a second subpoena as she left the courtroom.
» Apr. 16, 18′: At one point, testimony from the chief accuser became too confusing for the court and jurors, and Judge Steven O’Neill ordered she go home and do ‘homework’ over the weekend before returning to court Monday.
» Apr. 17, 18′: Your Content captured exclusive photographs of a staffer employed by the hand-picked Soros district attorney documenting each move Cosby made outside of the courtroom.
» Apr. 18, 18′: A key witness lost credibility when it’s discovered Cosby hadn’t been dubbed ‘America’s Dad’ until 1984, not 1982, as she claimed.
» It is discovered that Cosby never called Temple University to speak with chief accuser Constand, university staff reveal.
» Apr. 25, 18′: Closing arguments for the second trial begin. The defense drops a powerful remark: ‘A case that was rejected. A case that was revived. I’ll show you the sequence.’
» Jurors asked the court to re-play the testimony of Margo Jackson, who said the chief accuser confided in her and claimed she could accuse Cosby and ‘get money to go to school and open a business.’
» Unsatisfied jurors question the court: ‘We understand we could see things again?’ The judge allowed it and replayed the chilling testimony that accused Cosby’s accuser of falsifying her claims in pursuit of money.
» Prosecutors pulled an unprecedented stunt and compared Cosby to Casey Anthony in effort to hide the jurors from the media and public.
» Your Content flies the Canadian ex-boyfriend of chief Cosby accuser Andrea Constand to Philadelphia for an exclusive sit-down interview. He reveals the accuser’s family ‘despises black people’ and ‘used Cosby for revenge on all black people.’
» Soros’ hand-picked district attorney went through great lengths to keep his Florida father in the loop at all times—even divulging information about what jurors munched on during breaks.
» Oct. 10, 19′: Your Content obtains thousands of exclusive e-mails from the Montgomery County District Attorney’s Office. Among the exclusive e-mail revelations:
» ‘First Order of Business, Lock Up That Creep Bill Cosby.’
» ‘Old Man’ Cosby’ Would Die If Jailed, Prosecutors Joked
» DA Mocked #MeToo Before, During & After Trial
» In 2015, DA Steele Claimed There Was An ‘Air-Tight’ Case Against Bill Cosby, Turns Out There Wasn’t
» Jun. 23, 20′: Bill Cosby is granted the opportunity to go before the Pennsylvania Supreme Court in a first-ever virtual hearing.
» Aug. 26, 20′: Your Content makes a groundbreaking discovery that indicates the presiding judge assigned himself to the Cosby trial.