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How Indiana Law Applies to the Case against Bill Cosby: K. Michael Gaerte Discusses in Indiana Lawyer

01.29.2016

BGD attorney K. Michael Gaerte recently discussed the criminal proceedings against Bill Cosby in a recent column for Indiana Lawyer. In the column entitled “Inside the Criminal Case: Immunity and Bill Cosby’s motion to dismiss," Gaerte along with co-author James J. Bell apply Indiana state law to the perplexing path from deposition confessions to criminal charges against Cosby in Pennsylvania. 

While it would not have been logical for Cosby’s attorneys to allow him to submit to a deposition if he were expected to reveal criminal activity, he did so under verbal assurances from the district attorney that we would not be criminally prosecuted; otherwise, he could have easily pled the Fifth. The information from this civil suit deposition was then used to prosecute Cosby and he has since filed a motion to dismiss. 

While the case is being tried in Pennsylvania, Gaerte and Bell discuss the concept of immunity under Indiana Code. Three types of immunity established by Wilson v. State are discussed in their column: transactional immunity, use immunity, and derivative use immunity. Gaerte also explains Bowers, which deals with a similar case to Cosby’s. Bowers was decided under contract rather than criminal law; the judge found that the verbal assurances from the prosecutor were binding. However, Bowers was based in contract law, and depending up on what the court feels is the consideration at hand, it is unclear in Indiana and remains to be seen if Cosby can be prosecuted in Pennsylvania.


To learn more about K. Michael Gaerte and his practice, please visit his profile.

To read “Inside the Criminal Case: Immunity and Bill Cosby’s motion to dismiss,” please visit the Indiana Lawyer website.

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