Reports by TMZ claim that Cosby’s legal team might try and argue that the prosecutor deliberately misused the criminal justice process to prosecute him, despite the fact it meant breaking a promise to Cosby from the previous District Attorney. Cosby and his wife, Camille, are reportedly angry that he spent the last 3 years in prison and they re exploring the options for legal recourse, including potentially suing the county in Pennsylvania where he was tried. However, it is just one of several options that Cosby is discussing with his legal team.
Pennsylvania’s Supreme Court’s decision to nullify Cosby’s conviction came from an agreement between Cosby and then-District Attorney in Montgomery County Bruce Castor. In 2005 Andrea Constand had alleged that Cosby had drugged and sexually assaulted her at his home in 2004. Back then, Castor declined to prosecute Cosby, stating a lack of evidence to get a conviction. He suggested Constand pursue a civil case against Cosby.
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Bill Cosby, the disgraced comedian who was convicted of sexual assault in 2018, is no longer in prison, due to a state supreme court decision in
The circumstances that freed him involve a stunning display of prosecutorial incompetence, a divided Pennsylvania Supreme Court that split three ways on what should become of Cosby, and a long, rambling judicial opinion that is often difficult to parse.
The thrust of that opinion is that, even though then-Montgomery County District Attorney Bruce Castor never reached a formal agreement with Cosby that granted him immunity from prosecution, a press release that Castor sent out in 2005 combined with Cosby’s later, incriminating testimony in a civil lawsuit had the same effect as a formal immunity deal.