Montgomery Co. DA On 2005 Allegations Against Cosby: Even If Everything The Victim Said Was True, There Still Wasn't Enough To Go With
PHILADELPHIA (CBS) -- There is an adage that says, "It's not what you know, it's what you can prove," and that remains to be true with regards to the 2005 sexual assault case against comedian Bill Cosby.
Then Montgomery County District Attorney and now Commissioner Bruce Castor talked with WPHT host Dom Giordano about why he did not file charges against Cosby even though he felt that the comedian was guilty.
"It wrote it (my opinion) in such a way that people could read between the lines and know that I thought that he did something and that there was a civil case there, but not enough for a criminal case…it's one of those situations where, prosecutors are under all the time, where we think that somebody did something wrong but thinking it and being able to prove it are different things."
Castor blames that "delay in reporting" for his inability to get the vital pieces of evidence.
"The only theory that fit the facts, which is the one that we were operating under, was that he had somehow disabled her ability to perceive events and fight back. And I thought that it was a combination of drugs and alcohol…that would be great evidence if I could test her blood and find substances in there that shouldn't be, because that would certainly go to the state of the mind of the assailant, in this case Cosby -- not having that makes the case that much more difficult."
Even though he believed the story that the victim told, Castor knew that he could not prove it in a criminal case.
"It's not that I didn't believe her. Even if everything that she said is true, there's still not enough to go ahead with. I thought that he probably incapacitated her in some way and then molested her in some way, but 'probably' wins you a civil case, it doesn't win you a criminal case."
With the cancellation of Cosby's stand-up specials and shows on the likes of NBC, TV LAND, and Netflix, it shows that resurrection of this story has had resounding effects on the comedian. Castor accepts the fact that justice extends from the court of law to the court of public opinion.
"I was always a big proponent of public shaming…what has happened is, with the advent of twitter and Facebook and social media that you…get the public shaming, which is part of the justice process in my view…"
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