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Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 20 of 80 seeking, inter alia, dismissal of the charges based upon the former D.A. Castor’s purported promise—made in his’ representative capacity on behalf of the Commonwealth—that Cosby would not be prosecuted. The Commonwealth filed a response to the motion, to which Cosby replied. From February 2-3, 2016, the trial court conducted hearings on Cosby’s habeas petition, which it ultimately denied. Later, in its Pa.R.A.P. 1925(a) opinion, the trial court explained that “the only conclusion that was apparent” from the record “was that no agreement or promise not to prosecute ever existed, only the exercise of prosecutorial discretion.” Tr. Ct. Op. (“T.C.O.”), 5/14/2019, at 62. In support of this conclusion, the trial court provided a lengthy summary of what it found to be the pertinent facts developed at the habeas corpus hearing. Because our analysis in this case focuses upon the trial court’s interpretation of those testimonies, we reproduce that court’s synopsis here: On January 24, 2005, then District Attorney Bruce L. Castor, Jr., issued a signed press release announcing an investigation into Ms. Constand’s allegations. Mr. Castor testified that as the District Attorney in 2005, he oversaw the investigation into Ms. Constand’s allegations. Ms. Ferman supervised the investigation along with County Detective Richard Peffall and Detective Richard Schaffer of Cheltenham. Mr. Castor testified that “I assigned who | thought were our best people to the case. And | took an active role as District Attorney because | thought | owed it to Canada to show that, in America, we will investigate allegations against celebrities.” Mr. Castor testified that Ms. Constand went to the Canadian police almost exactly one year after the alleged assault and that the case was ultimately referred to Montgomery County. The lack of a prompt complaint was significant to Mr. Castor in terms of Ms. Constand’s credibility and in terms of law enforcement’s ability to collect physical evidence. He also placed significance on the fact that Ms. Constand told the Canadian authorities that she contacted a lawyer in Philadelphia prior to speaking with them. He also reviewed Ms. Constand’s statements to police. Mr. Castor felt that there were inconsistences in her statements. Mr. Castor did not recall press quotes attributed to him calling the case “weak” at a 2005 press conference. upon pre-arrest delay; and (3) a motion to disqualify the Montgomery County District Attorney’s Office. [J-100-2020] - 19 DOJ-OGR-00004832