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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