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Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 24 of 80 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. ... But those lawyers representing [Constand] civilly . .. 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. * * * [B]ut one thing is fact. The Commonwealth, defense and civil plaintiff's lawyers were all in agreement that the attached decision from me stripped Cosby of his Fifth Amendment privilege against self-incrimination forcing him to be deposed. He indicated in his email that he learned Mr. Phillips had died on the date of his email. The email also suggested that the deposition might be subject to suppression. Ms. Ferman responded to Mr. Castor’s email by letter of September 25, 2015, requesting a copy of the “written declaration” indicating that [Cosby] would not be prosecuted. In her letter, Ms. Ferman indicated that “[t]he first | heard of such a binding agreement was your email sent this past Wednesday. The first | heard of a written declaration documenting the agreement not to prosecute was authored on 9/24/15 and published today by Margaret Gibbons of the Intelligencer. ... We have been in contact with counsel for both Mr. Cosby and Ms. Constand and neither has provided us with any information about such an agreement.” Mr. Castor responded by email. His email indicated, The attached Press Release is the written determination that we would not prosecute Cosby. That was what the lawyers for the plaintiffs wanted and | agreed. The reason | agreed and the plaintiff's wanted it in writing was so Cosby could not take the 5% Amendment to avoid being deposed or testifying.... That meant to all involved, including Cosby’s lawyer at the time, Mr. Phillips, that what Cosby said in the civil litigation could not be used against him in a criminal prosecution for the event we had him under investigation for in early 2005. | signed the press release for precisely this reason, at the request of Plaintiff's counsel, and with the acquiescence of Cosby’s counsel, with full and complete intent to bind the Commonwealth that anything Cosby said in [J-100-2020] - 23 DOJ-OGR-00004836