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Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 63 of 80 circumstances, implicated Cosby’s due process rights, former D.A. Castor’s post-hoc attempts to explain or characterize his actions are largely immaterial. The answer to our query lies instead in the objectively indisputable evidence of record demonstrating D.A. Castor’s patent intent to induce Cosby’s reliance upon the non-prosecution decision. In January and February of 2005, then-D.A. Castor led an investigation into Constand’s allegations. When that investigation concluded, Mr. Castor decided that the case was saddled with deficiencies such that proving Cosby’s guilt beyond a reasonable doubt was unlikely, if not impossible. For those reasons, D.A. Castor decided not to prosecute Cosby. To announce his decision, the district attorney elected to issue a signed press release—an uncommon tactic in the typical case, but not necessarily so in cases of high public profile or interest. In that press statement, D.A. Castor explained the extent and nature of the investigation and the legal rules and principles that he considered. He then announced that he was declining to prosecute Cosby. The decision was not conditioned in any way, shape, or form. D.A. Castor did not say that he would re-evaluate this decision at a future date, that the investigation would continue, or that his decision was subject to being overturned by any future district attorney. There is nothing from a reasonable observer’s perspective to suggest that the decision was anything but permanent. The trial court found contrary indicia in the latter portion of the press release, where Mr. Castor “cautioned all parties to this matter that [District Attorney Castor] will reconsider this decision should the need arise,” Press Release, 2/17/2005; N.T., 2/2/2016, Exh. D-4. The trial court’s narrow interpretation of induce a defendant to forfeit a constitutional right, and where the defendant has relied upon that decision to his detriment. The dissent’s approach would turn a blind eye to the reality of such inducements. Due process does not. [J-100-2020] - 62 DOJ-OGR-00004875