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Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 29 of 80 permission from a court is a prerequisite to any offer of transactional immunity. See id. § 5947(b) (“The Attorney General or a district attorney may request an immunity order from any judge of a designated court.”). Because D.A. Castor did not seek such permission, and instead acted of his own volition, the trial court concluded that any purported immunity offer was defective, and thus invalid. Consequently, according to the trial court, the “press release, signed or not, was legally insufficient to form the basis of an enforceable promise not to prosecute.” T.C.O. at 62. The trial court also found that “Mr. Castor’s testimony about what he did and how he did it was equivocal at best.” /d. at 63. The court deemed the former district attorney's characterization of his decision-making and intent to be inconsistent, inasmuch as he testified at times that he intended transactional immunity, while asserting at other times that he intended use and derivative-use immunity. The trial court specifically credited Attorney Troiani’s statements that she never requested that Cosby be provided with immunity and that she did not specifically agree to any such offer. (c) Order to testify.--WWwhenever a witness refuses, on the basis of his privilege against self-incrimination, to testify or provide other information in a proceeding specified in subsection (a), and the person presiding at such proceeding communicates to the witness an immunity order, that witness may not refuse to testify based on his privilege against self-incrimination. (d) Limitation on use.--No testimony or other information compelled under an immunity order, or any information directly or indirectly derived from such testimony or other information, may be used against a witness in any criminal case, except that such information may be used: (1) in a prosecution under 18 Pa.C.S. § 4902 (relating to perjury) or under 18 Pa.C.S. § 4903 (relating to false swearing); (2) in a contempt proceeding for failure to comply with an immunity order; or (3) as evidence, where otherwise admissible, in any proceeding where the witness is not a criminal defendant. 42 Pa.C.S. § 5947(a)-(d). [J-100-2020] - 28 DOJ-OGR-00004841