DOJ-OGR-00004863.pdf

--- Page 1 --- The extracted text is: **Header:** * Case 1:20-cr-00330-PAE * Document 310-1 * Filed 07/02/21 * Page 51 of 80 **Main Text:** Cosby was not a formal attempt to bestow transactional immunity upon Cosby is supported by the record. The trial court's description of former D.A. Castor's testimony as inconsistent and equivocal finds support in the record as well. At times, the former district attorney was emphatic that he intended his decision not to prosecute Cosby to bind the Commonwealth permanently, provided no substantive changes occurred in the case, such as Cosby confessing to the alleged crimes or proof appearing that Cosby had lied to, or attempted to deceive, the investigators. In addition to the unconditional nature of the press release, former D.A. Castor told then-District Attorney Ferman in his first email to her that he "intentionally and specifically bound the Commonwealth that there would be no state prosecution." N.T., 2/2/2016, Exh. D-5. In his second email to D.A. Ferman, Mr. Castor asserted that, by "signing off" on the press release, he was "stating that the Commonwealth will not bring a case against Cosby for this incident based upon then-available evidence." /d., Exh. D-7. Further indicative of his intent to forever preclude prosecution of Cosby for the 2004 incident, former D.A. Castor testified that the signed press release was meant to serve as proof for a future civil judge that Cosby would not be prosecuted, thus stripping Cosby of his Fifth Amendment right not to testify. Mr. Castor emphasized that his decision was "absolute that [Cosby] never would be prosecuted." T.C.O. at 52. The former district attorney stressed that his intent was to "absolutely" remove "for all time" the prospect of a prosecution, because, in his view, only a steadfast guarantee would permanently strip Cosby of his right to invoke the Fifth Amendment. N.T., 2/2/2016, at 67. Mr. Castor also expounded upon the purpose of his emails to D.A. Ferman, which he claimed were an attempt to inform her that, while he bound the Commonwealth with regard to the 2004 incident, she was free to prosecute Cosby for any other crimes that she might uncover. **Footer:** * [J-100-2020] - 50 * DOJ-OGR-00004863