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Case 1:20-cr-00330-PAE Document 310-1 Filed 07/02/21 Page 72 of 80 reasonable. Such a consideration is both impractical and unfair. There is no equitable method of assessing a particular defendant’s degree of sophistication. Any attempt would be an arbitrary line-drawing exercise that unjustifiably would deem some sophisticated and some not. Nor are there any objective criteria that could be used to make that assessment accurately. Would sophistication for such purposes be established based upon one’s ability to hire one or more attorneys? By the level of education attained by the defendant? Or perhaps by the number of times the defendant has participated in the criminal justice system? There is no measure that could justify assessing reasonableness based upon the so-called sophistication of the defendant. The contours of the right to counsel do not vary based upon the characteristics of the individual seeking to invoke it. Our Constitutions safeguard fundamental rights equally for all. The right to counsel applies with equal force to the sophisticated and the unsophisticated alike. The most experienced defendant, the wealthiest suspect, and even the most-seasoned defense attorney are each entitled to rely upon the advice of their counsel. Notwithstanding Cosby’s wealth, age, number of attorneys, and media savvy, he, too, was entitled to rely upon the advice of his counsel. No level of sophistication can alter that fundamental constitutional guarantee. In accordance with the advice his attorneys, Cosby relied upon D.A. Castor’s public announcement that he would not be prosecuted. His reliance was reasonable, and it resulted in the deprivation of a fundamental constitutional right when he was compelled to furnished self-incriminating testimony. Cosby reasonably relied upon the Commonwealth's decision for approximately ten years. When he announced his declination decision on behalf of the Commonwealth, District Attorney Castor knew that Cosby would be forced to testify based upon the Commonwealth’s assurances. Knowing that he induced Cosby’s reliance, and that his decision not to prosecute was designed to [J-100-2020] - 71 DOJ-OGR-00004884