That the verbal promise to not prosecute was made and it was specifically done so that he could not plead the 5th in the civil deposition. Castor’s successor did not honor that promise and used Cosby’s admissions in the civil deposition against him in the subsequent criminal trial. The trial judge ruled that the promise to not prosecute was non binding since it was not documented. The appeals court disagreed in a 6-1 decision as they found Castor’s testimony and subsequent communications with his successor as adequate evidence that the deal was real.

Look, I’m not happy about his release given that it appears he did plenty enough to warrant being jailed. But, I also think that deals made by agents of justice, even bad ones, need to be honored. If there was any “technicality” involved here, it was the technicality that the prosecutor’s promise being undocumented rendered it null and void in the criminal trial.