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Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 17 of 80 First Assistant District Attorney Kevin R. Steele’! was present during the initial stages of the newly-revived investigation and participated in early discussions with Cosby’s new lawyers, Brian J. McMonagle, Esquire, and Patrick J. O'Conner, Esquire. On September 23, 2015, upon learning that D.A. Ferman had reopened the case, former D.A. Castor sent her an email, to which he attached his February 17, 2005 press release, stating the following: Dear Risa, | certainly know better than to believe what | read in the newspaper, and | have witnessed first hand your legal acumen. So you almost certainly know this already. I’m writing to you just in case you might have forgotten what we did with Cosby back in 2005. Attached is my opinion from then. Once we decided that the chances of prevailing in a criminal case were too remote to make an arrest, | concluded that the best way to achieve justice was to create an atmosphere where [Constand] would have the best chance of prevailing in a civil suit against Cosby. With the agreement of [Attorney] Phillips and [Constand’s] lawyers, | wrote the attached as the ONLY comment | would make while the civil case was pending. Again, with the agreement of the defense lawyer and [Constand’s] lawyers, | intentionally and specifically bound the Commonwealth that there would be no state prosecution of Cosby in order to remove from him the ability to claim his Fifth Amendment protection against self-incrimination, thus forcing him to sit for a deposition under oath. [Attorney Phillips] was speaking for Cosby’s side at the time, but he was in contact with Cosby’s civil lawyers who did not deal with me directly that | recall. | only discovered today that [Attorney Phillips] had died. But those lawyers representing [Constand] civilly, whose names | did not remember until | saw them in recent media accounts, were part of this agreement because they wanted to make Cosby testify. | believed at the time that they thought making him testify would solidify their civil case, but the only way to do that was for us (the Commonwealth) to promise not to prosecute him. So in effect, that is what | did. | never made an important decision without discussing it with you during your tenure as First Assistant. Knowing the above, | can see no possibility that Cosby’s deposition could be used in a state criminal case, because | would have to testify as to what happened, and the deposition would be subject to suppression. | cannot 1 Mr. Steele has since been elected District Attorney of Montgomery County. [J-100-2020] - 16 DOJ-OGR-00004829