Partner Richard Daubenberger Predicts Outcome of Bill Cosby Case in 2016

In 2016, Partner Rich Daubenberger was interviewed by NBC10 to provide legal commentary on the Bill Cosby case.  Mr. Daubenberger anticipated the outcome of the case during his NBC interview. Rich has had a successful career thanks to his undergraduate education at Syracuse University, as well as receiving his Juris Doctorate from Villanova University School of Law. Due to almost 25 years of experience as a prosecutor and defense attorney in the area of criminal law, as well as past experience as a District Attorney, Rich was able to make this prediction using his knowledge of the court system and the law. See 2:32 into the following link.

During the time of Rich Daubenberger’s interview with NBC10, Bill Cosby was facing criminal charges for drugging and sexually assaulting a Temple University employee. Prior to Cosby’s final conviction, District Attorney Bruce Castor had made an agreement with Cosby which promised that if Cosby gave up his right to remain silent during a deposition in a civil lawsuit, then the District Attorney would not pursue criminal charges. This agreement was recorded in an email by Castor, but the new Montgomery County District Attorney Kevin Steele still filed criminal charges against Cosby. Due to these charges, Cosby was sentenced to 3-10 years in prison for sexual assault.

During his 2016 interview, Rich Daubenberger expressed his opinion on the agreement that was made by DA Castor and Cosby and how this had affected the criminal charges brought against Cosby. Daubenberger held the opinion that if District Attorney Castor admitted that he made an agreement not to prosecute then there should be no case at all, but, if the agreement was only not to use the statements, then that is a question that the jury must decide whether Cosby was guilty beyond a reasonable doubt. Daubenberger stressed that for the sworn statement to be admissible in court, it would have to be decided by the judge. Rich believed, during his interview, that the court would suppress that sworn statement from being used as evidence to bring about criminal charges for sexual assault against Cosby.

June 30, 2021 was the day that Bill Cosby became a free man because his sexual assault charges were overturned by the Supreme Court. The Supreme Court ruled that the use of the statements Cosby had given in the civil deposition was a clear violation of his rights because of the agreement that was made. The Supreme Court majority stated that Castor had made a binding promise to Cosby when he agreed that Cosby would not be prosecuted for any sexual assault charges if he spoke in a deposition for a civil case. During the Supreme Court ruling, the majority felt that when an unconditional promise, such as this one, is made, the promise must be enforced due to the principle of fundamental fairness that secures due process of law in the criminal justice system.

In making an opinion on this case in 2016 on NBC, partner Rich Daubenberger foretold the result due to the agreement made between Cosby and District Attorney Castor. Let Rich’s experience and knowledge that makes him a successful criminal law attorney who understands the criminal justice system work for you. Rich has put almost 25 years into practicing the law, focusing solely on criminal law working as a prosecutor, a criminal judicial cleark, and a defense attorney and this has led him to making considerable and smart decisions in the field of law.

Here at Musi, Merkins, Daubenberger & Clark, we are committed to providing the best legal knowledge and experience to our clients. If you are seeking support in the criminal law department, Rich Daubenberger is willing and able to help you today! Call us at 610-891-8806 to schedule an in person or virtual appointment.