A prosecutor who declined to charge Bill Cosby with rape in 2005 took the stand this week and said that Andrea Constand and her mother “illegally obtained wiretaps” with information that “could be construed as incriminating” in rape for the fallen comedian. Constand, a staffer at Temple University, accused Cosby of drugging and raping her at his Pennsylvania home in 2004, a case that was not prosecuted (Constand settled a subsequent civil suit out of court, two years later). Bruce Castor, the former Montgomery County district attorney who found “insufficient credible and admissible evidence” in the 2005 case, said that he failed to prosecute Cosby because he came to believe Constand, but surmised that her wiretapping actions discredited her witness testimony. With the non-prosecution, he tried to to prevent the comedian from invoking his Fifth Amendment right in hopes that he would testify in the civil suit that followed. “What I think and what is provable in a courtroom are two different things. What I think is that Andrea Constand was inappropriately touched by Mr. Cosby,” he said on the stand, where he testified for six hours. “I decided that we would not prosecute Mr. Cosby and that would set a chain of events that would get some justice for Andrea Constand.”
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