But in its 6-1 decision, the Pennsylvania Supreme Court found that Mr. Cosby had in fact relied on Mr. Castor’s assurances that he would not be prosecuted and that the subsequent decision of a successor to indicting Mr. Cosby violated the due process rights of the artist. The court barred a new trial, although two of the judges who voted by majority disagreed on the appeal.
“Petitioning for a High Court review was the right thing to do,” Montgomery County District Attorney Kevin R. Steele said in a statement on Monday, “because of the precedent set in this case by the public. Pennsylvania Supreme Court majority that prosecutors “statements in press releases now apparently create immunity.” “
The district attorney’s office referred to an argument made by one of the Pennsylvania Supreme Court justices Kevin Dougherty, who said in an opinion that no district attorney had “the power to impose to his successors – in perpetuity, no less – the kind of no-lawsuit Castor sought to convey to Cosby. “
In their 33-page dossier, prosecutors also attempted to counter the argument that Mr Cosby had a right to rely on what Mr Castor said was a pledge not to prosecute him further, saying that A reasonably prudent person would have been reckless to rely on an alleged guarantee that the prosecutor did not clearly convey and may not have the authority to grant.
Since his release, Mr Cosby, 84, has described the decision as a total waiver. Pennsylvania High Court Chief Justice Max Baer, however, said the court ruling had not found Mr. Cosby innocent, but had been unfairly prosecuted.
Patricia Steuer, 65, who accused Mr Cosby of drugging and assaulting her in 1978 and 1980, said that while she appreciated the efforts to appeal what she considered a wrong decision, she did not was not optimistic about the outcome.
“It never occurred to me that they would file a petition with the Supreme Court of the United States,” she said. “I’m grateful to him, but I don’t have much hope that he ends up in jail. “
Julia Jacobs contributed reporting.