310-01.pdf

Type: pdf
Source set: house-oversight-doj
Pages: 80
Text status: Searchable text available
OCR confidence: 0.9388165272691796

Extracted text

Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 1of 80 Exhibit A DOJ-OGR-00004813

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. COMMONWEALTH OF PENNSYLVANIA, : No. 39 MAP 2020 Appellee : Appeal from the Order of Superior : Court at No. 3314 EDA 2018 dated : December 10, 2019 Affirming the V. : Judgment of Sentence dated : September 25, 2018 of the : Montgomery Court of Common WILLIAM HENRY COSBY JR., : Pleas, Criminal Division, at No. CP- : 46-CR-3932-2016 Appellant ARGUED: December 1, 2020 OPINION JUSTICE WECHT DECIDED: June 30, 2021 In 2005, Montgomery County District Attorney Bruce Castor learned that Andrea Constand had reported that William Cosby had sexually assaulted her in 2004 at his Cheltenham residence. Along with his top deputy prosecutor and experienced detectives, District Attorney Castor thoroughly investigated Constand’s claim. In evaluating the likelihood of a successful prosecution of Cosby, the district attorney foresaw difficulties with Constand’s credibility as a witness based, in part, upon her decision not to file a complaint promptly. D.A. Castor further determined that a prosecution would be frustrated because there was no corroborating forensic evidence and because testimony from other potential claimants against Cosby likely was inadmissible under governing laws of evidence. The collective weight of these considerations led D.A. Castor to conclude that, unless Cosby confessed, “there was insufficient credible and admissible DOJ-OGR-00004814

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.”' Seeking “some measure of justice” for Constand, D.A. Castor decided that the Commonwealth would decline to prosecute Cosby for the incident involving C…

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