Former prosecutor defends decision to not charge Cosby

Written by The Associated Press | Feb 2, 2016 12:20 PM

Photo by AP Photo/Matt Rourke

Bill Cosby arrives at court to face a felony charge of aggravated indecent assault Wednesday, Dec. 30, 2015, in Elkins Park, Pa.

(Norristown) -- A former district attorney who investigated a 2004 sexual assault allegation against Bill Cosby says he hoped the decision not to charge the comedian would free him to testify in a lawsuit and help the accuser win damages.

Former Montgomery County District Attorney Bruce L. Castor Jr. says he found the case flawed and declined to prosecute Cosby. However, he wanted to leave the door open for former Temple University athletics employee Andrea Constand to pursue monetary damages in a lawsuit.

He testified Tuesday for defense lawyers who want a judge to dismiss the felony case against Cosby. A new prosecutor arrested Cosby on Dec. 30, just before the statute of limitations expired.

The defense says Cosby had a deal that he wouldn't be charged and should therefore testify in his accuser's 2005 lawsuit.

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