Browse by Document Type
Other (98,409 documents)
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 71 of 80
To hold otherwise would recast our understanding of reasonableness into
something unrecognizable and unsustainable under our law. If
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 69 of 80
We already have determined that Cosby in fact relied upon D.A. Castor’s decision.
We now conclude that Cosby’s reliance was reasonab
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 70 of 80
announcing it publicly, D.A. Castor reasonably expected Cosby to act in reliance upon his
charging decision.
We cannot deem it unre
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 68 of 80
himself as well. Assuming that a person validly possesses the right to refrain from giving
evidence against himself, he may invoke t
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 67 of 80
is indisputable that, in Constand’s civil case, Cosby was entitled to invoke the Fifth
Amendment. No court could have forced Cosby t
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 66 of 80
Amendment's self-incrimination clause “is not only a protection against conviction and
prosecution but a safeguard of conscience and
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 65 of 80
When we review the statement in its full context, it is clear that, when D.A. Castor
announced that he “will reconsider this decisio
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 62 of 80
That is what happened in this case. There has been considerable debate over the
legal significance of District Attorney Castors publ
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 60 of 80
traditions and conscience of our people as to be ranked as fundamental and that defines
the community’s sense of fair play and decen
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 51 of 80
Cosby was not a formal attempt to bestow transactional immunity upon Cosby is
supported by the record.
The trial court’s descriptio
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 52 of 80
Although former D.A. Castor stated that he intended permanently to bar
prosecution of Cosby, he also testified that he sought to con
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 48 of 80
ll. Issues:
On June 23, 2020, this Court granted Cosby’s petition for allowance of appeal,
limited to the following two issues:
(1
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 43 of 80
agreed with the trial court’s statement that the significance of the age of a prior bad act is
“inversely proportional” to the simil
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 41 of 80
told Tyson to stop, and he complied. But, when she fell asleep a second time, he resumed
the uninvited sexual contact. Tyson was arr
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 42 of 80
five prior bad acts witnesses established a “predictable pattern” that reflected Cosby's
“unique sexual assault playbook.” Cosby, 22
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 40 of 80
in prison. Cosby was denied bail pending an appeal. He filed post-sentence motions
seeking a new trial and a modification of his sen
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 39 of 80
the assault as a consensual encounter.” /d. “Furthermore,” the court opined, “Ms.
Constand did not report the assault until approxim
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 37 of 80
drink or a pill, often at Cosby’s insistence; that each woman became incapacitated and
unable to consent to sexual contact; and that
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 38 of 80
same or similar story, further supports the admissibility of this evidence under the doctrine
of chances.” /d.
The trial court reco
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 35 of 80
she voluntarily consumed both the alcohol and the pill. Cosby then gave her a second
shot and led her to a couch. Lasha began to fee
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 36 of 80
knowledge, identity, or absence of mistake or accident, so long as the probative value of
the evidence outweighs its prejudicial eff
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 34 of 80
recall how she had arrived at Cosby’s room. She was naked from the waist down, had
semen on her legs, and felt pain in her anus.
He
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 33 of 80
the term. Besides Cosby, Baker-Kinney and her friend were the only people there. Cosby
gave Baker-Kinney a beer and a pill, which sh
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 32 of 80
selected from a different county. Thus, Cosby’s jury was selected from residents of
Allegheny County, and trial commenced. On June 1
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 29 of 80
permission from a court is a prerequisite to any offer of transactional immunity. See id.
§ 5947(b) (“The Attorney General or a dist
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 30 of 80
As further support for the view that no agreement was reached, nor any promise
extended, the trial court noted that, in his initial
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 27 of 80
On March 8, 2005, Ms. Constand filed her civil suit and Mr. Schmitt retained
Patrick O’Conner, Esq., as civil counsel. Mr. Schmitt p
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 28 of 80
for the sexual assault crime in the Constand case.” N.T., 2/2/2016, at 224-25. He
continued, “[s]o if they had evidence that some of
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 25 of 80
the civil case could not be used against him, thereby forcing
him to be deposed and perhaps testify in a civil trial without
the abi
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 24 of 80
Cosby in order to remove from him the ability to claim his Fifth
Amendment protection against self-incrimination, thus forcing
him t
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 23 of 80
less than flattering light,” as a threat to Ms. Constand and her attorneys
should they attack his office. In a 2016 Philadelphia Inq
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 22 of 80
the atmosphere or the legal conditions such that Mr. Cosby would never be
allowed to assert the Fifth Amendment in the civil case.”
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 21 of 80
Likewise, he did not recall the specific statement, “[i]n Pennsylvania we
charged people for criminal conduct. We don’t charge peopl
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 18 of 80
believe any state judge would allow that deposition into evidence, nor
anything derived therefrom. In fact, that was the specific in
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 17 of 80
First Assistant District Attorney Kevin R. Steele’! was present during the initial stages of
the newly-revived investigation and par
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 16 of 80
phone calls were being recorded. Although he did not believe that Constand was making
these allegations in an attempt to get money f
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 15 of 80
At deposition, Cosby testified that he developed a romantic interest in Constand
as soon as he met her, but did not reveal his feeli
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 13 of 80
Canadian authorities, in turn, referred the complaint to Philadelphia Police.
Philadelphia forwarded the complaint to Cheltenham Pol
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 10 of 80
had sexual intercourse on any occasion. Cosby admitted that he told Constand and her
mother that he would write down the name of the
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 9 of 80
with the Montgomery County Detective Bureau and the Montgomery County District
Attorney’s Office to investigate Constand’s allegation
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 8 of 80
mother informed Cosby that Constand had filed a police report accusing him of sexual
assault.
Constand later telephoned Cosby again
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 7 of 80
questions, Constand got up and left. She did not report to the authorities what Cosby had
done to her.
A few months later, Constand
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 6 of 80
her sudden difficulties, she knew that something was wrong. Cosby tried to reassure her.
He told her that she had to relax. When Cons
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 5of 80
room. Constand agreed. When she arrived, she sat on the edge of Cosby’s bed as the
two discussed their customary topics: Temple athlet
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 4 of 80
involved with, the university. That fall, she, along with a few other Temple administrators,
showed Cosby around the university’s the
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 3 of 80
evidence upon which any charge against Mr. Cosby related to the Constand incident
could be proven beyond a reasonable doubt.”'
Seeki
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 2 of 80
[J-100-2020]
IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
BAER, C.J., SAYLOR, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.
C
Case 1:20-cr-00330-PAE Document 310 Filed 07/02/21 Page2of3
The Honorable Alison J. Nathan
July 2, 2021
Page 2
after the assault; and (v) Ms. Constand had contacted civil attorneys to pursue financi
Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 1 of 80
Exhibit A
DOJ-OGR-00004813
Case 1:20-cr-00330-PAE Document 310 Filed 07/02/21 Page3of3
The Honorable Alison J. Nathan
July 2, 2021
Page 3
Thank you for your attention to these matters.
Respectfully submitted,
/s/ Christian Ev