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Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 10 of 80 had sexual intercourse on any occasion. Cosby admitted that he told Constand and her mother that he would write down the name of the pills and provide them that information, but he acknowledged that he never actually did so. After the interview—and without being asked to do so—Cosby provided the police with pills, which laboratory testing confirmed to be Benadryl. In February 2005, then-District Attorney Castor reviewed Constand’s interviews and Cosby’s written answers in order to assess the viability of a prosecution of Cosby. The fact that Constand had failed to promptly file a complaint against Cosby troubled the district attorney. In D.A. Castor’s view, such a delay diminished the reliability of any recollections and undermined the investigators’ efforts to collect forensic evidence. Moreover, D.A. Castor identified a number of inconsistences in Constand’s various statements to investigators. After Cosby provided his written answers, police officers searched his Cheltenham residence and found no evidence that, in their view, could be used to confirm or corroborate Constand’s allegations. Following the search of Cosby’s home, Constand was interviewed by police again. D.A. Castor noted that there were inconsistences in that interview, which further impaired Constand’s credibility in his eyes. He also learned that, before she contacted the police in Canada, Constand had contacted civil attorneys in Philadelphia, likely for the purpose of pursuing financial compensation in a lawsuit against Cosby. Additionally, according to D.A. Castor, Constand’s behavior in the year since the alleged assault complicated any effort to secure a conviction against Cosby. As evidenced by the number of telephone calls that she recorded, Constand continued to talk with Cosby on the phone, and she also continued to meet with him in person after the incident. D.A. Castor found these recurring interactions between a complainant and an alleged perpetrator to be atypical. D.A. Castor also reasoned that the recordings likely [J-100-2020] - 9 DOJ-OGR-00004822