Cosby Back In Montgomery County Court For Day 2 Of Sex Assault Hearing
NORRISTOWN, Pa. (CBS/AP) -- Bill Cosby was in a Montgomery County courtroom for a second day to argue sex assault charges against him should be dropped.
The hearing was continued on Tuesday and the judge is expected make a decision today.
Bill Cosby's arrival at the Montgomery County Courthouse was captured by media members from around the world who are in Norristown for the comedian's hearing.
On Tuesday in court, during direct examination by the defense, former DA Bruce Castor says there were several factors that he believed made prosecution of Bill Cosby impossible, including the victim, Andrea Constand, waiting a year before going to police, and he says her attempts to record Cosby in an effort to get Cosby to pay them money.
He says he felt the best way to go forward was to create an atmosphere where Cosby would be unable to plead the fifth in a civil trial. So, he says, acting as a "sovereign for the commonwealth of Pennylvania," he made the decision that Cosby would never be prosecuted no matter what.
Castor testified, "I was hopeful I would make Ms. Constand a millionaire." In reference to the victim, Andrea Constand.
"I set up the dominoes in such a way, that Mr. Cosby would have to testify."
Former DA Bruce Castor testimony:"I made the decision Mr Cosby would never be prosecuted no matter what" in 2005 Now in 2d hour on stand
— Walt Hunter (@WaltHunterCBS3) February 2, 2016
"So the best thing to do was to create an atmosphere where a civil case would result in a major verdict," Castor said.
PHOTOS: Bill Cosby Through The Years
"Cosby would've had to have been nuts to say those things if there was any chance he could've been prosecuted," Castor said, referring to the damaging testimony.
But prosecutors say there's no such thing as a non-prosecution agreement, they say, under Pennsylvania law only a court can issue immunity, and there's no record of that ever happening.
Castor says he informed then DA Risa Ferman of his decision as a county commissioner, he was concerned the county could be open to civil action if they filed charges.
While Castor was called as witness by Cosby's side, the former DA said he is rooting for the prosecution.
"I'm not on your team here," Castor told Cosby lawyer Brian McMonagle. "I want them to win."
On Wednesday, the focus was on John Schmitt, who has been Cosby's attorney for more than 30 years.
Schmit was called in as a defense witness for Cosby. Cosby's general counsel explained why he never obtained a written agreement from Castor.
Schmitt says Castor's 2005 press release was enough, coupled with an alleged oral agreement made with Cosby's criminal attorney back then.
During cross-examination, current District Attorney Kevin Steele referred to previous agreements Schmitt made with other parties, in which all terms were documented, written down and agreed upon.
Steele argues under Pennsylvania law, immunity is only available through a court and there is no record of that.
Steele says, "a secret agreement that allows a defendant to buy his way out of a criminal case isn't right."
But Cosby's defense attorney Christopher Tayback says this isn't whether Castor's decision was right or wrong, it's simply that he made it. And Tayback says, "a promise is promise."
The judge is expected to make a decision Wednesday afternoon.
In a barrage of allegations that have destroyed Cosby's image as America's Dad, dozens of women have accused the former TV star of drugging and sexually assaulting them since the 1960s. But this is the only case in which he has been charged.
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