CNN Exclusive: Email may derail lawsuit against Bill Cosby

( CNN) A former district attorney in Montgomery County, Pennsylvania, claims he agreed more than a decade ago that its term of office wouldn’t employ a civil deposition were presented by Bill Cosby in any criminal matters, an email obtained by CNN indicates — a revelation that could call into question the viability of the criminal case against the comedian.

For more on the email — including new information — and what it means, watch “Smerconish” on Saturday at 9 a. m. and 6 p. m. ET.

The 2015 email — sent by former District Attorney Bruce Castor to successor Risa Vetri Ferman — details an apparent verbal agreement the prosecutor had a decade earlier with Cosby’s attorneys for Cosby to testify in a civil sexual assault example brought against him in 2005. In the email, Castor writes that his intent in building the bargain was to create an atmosphere in which Cosby accuser Andrea Constand would have the best opportunity of prevailing in her civil suit against the 78 -year-old comedian by removing the prospect of Cosby invoking his 5th Amendment right.

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