Email Threatens Prosecution Of Cosby In Montco
PHILADELPHIA (CBS) -- An email has emerged that could threaten Montgomery County's ability to prosecute Bill Cosby for an alleged sexual assault that occurred in 2004. The email, sent last year from former Montgomery County District Attorney Bruce Castor to then DA Risa Ferman detailed a verbal agreement made with Cosby's attorneys to never prosecute the actor and comedian for crime he is accused of.
During an interview with Dom Giordano on Talk Radio 1210 WPHT, Linda Dale Hoffa, an Attorney with Dilworth Paxon LLP, said Cosby's defense will attempt to seize this opportunity for their client.
"There's going to be a hearing on February 2 in Montgomery County on this motion that the defense has brought and what the defense is saying here is that the case has to be dismissed. And, it has to be dismissed because there was a promise, and they say it's a binding promise by the former District Attorney Bruce Castor to never prosecute Bill Cosby on the alleged assault that happened in Montgomery County in 2004, the sexual assault."
Ultimately, she says it will be left to the judge in the case.
"The judge is going to have to decide this. This is a factual issue and there's going to be testimony about it. Bruce Castor's going to have to testify. We're going to have to see was there anything in the defense council's file that they want to now waive attorney-client privilege and show that would be from that time, ten years ago, that memorialized the terms of this agreement?"