Bill Cosby Sexual Assault Case In Jeopardy

A former District Attorney in Pennsylvania claims he made a verbal agreement in 2005 not to use a civil deposition given by Bill Cosby in any criminal matters, potentially jeopardizing the current sexual assault case against the comedian.

An email has been obtained by CNN from former District Attorney Bruce Castor detailing the agreement he made with Cosby's lawyers at the time, in which Cosby was being sued by Temple University employee Andrea Constand. Castor explained he was attempting to help Constand in the case by removing the prospect of Cosby invoking his 5th Amendment right. The email was sent three months before Cosby was arrested

This was what Castor wrote in the email: “I can see no possibility that Cosby's deposition could be used in a state criminal case, because I would have to testify as to what happened, and the deposition would be subject to suppression. I cannot believe any state court judge would allow that deposition into evidence. .... Knowing this, unless you can make out a case without that deposition and without anything the deposition led you to, I think Cosby would have an action against the County and maybe even against you personally.

The deposition has been cited as crucial evidence in the prosecution’s case against the actor however the current district attorney, Kevin Steele, said on Friday he will challenge the unwritten agreement, saying there are numerous protocols used to grant someone immunity, and that Castor did not follow them.