Expert: Cosby Defense Team's Castor Agreement Is Tough Argument To Win
PHILADELPHIA (CBS) -- Bill Cosby's defense team is arguing an agreement in Montgomery County with then-district attorney Bruce Castor prevents any part of an unsealed deposition from being used against their client. They say the 2005 agreement cleared the way for Cosby's testimony in the civil case.
But with no written record of the "non-prosecution" agreement, many legal experts say it's a difficult argument to win.
A non-prosecution agreement is less formal than immunity, says Villanova Law professor Anne Poulin, and she says as compared to immunity, a non-prosecution agreement would bind only a specific DA's office. She says, "whereas a grant of immunity would preclude any use by any office of that immunized testimony."
Poulin says it would be, in her words, shocking if an agreement that is not in writing and not formalized would bind the DA's office forever. And she says it's generally not in the scope of a DA's office to make agreements to benefit a civil trial.
"The DA doesn't have a dog in the fight in a case and has no reason to turn in that direction," Poulin explained.
Poulin says, with no written agreement with clear terms, the email sent last fall from Bruce Castor to then-DA Risa Ferman, in her opinion, has little impact.