In a hearing Tuesday over Bill Cosby’s petition to have the felony charge against him dismissed, the former district attorney who declined to charge him in 2005 testified that certain actions by Cosby’s accuser made her lose credibility, and made the case against Cosby seem unprovable.

Former Montgomery County District Attorney Bruce L. Castor Jr., who declined to charge Cosby after his office investigated Andrea Constand’s sexual assault allegations against Cosby in 2005, said he intended for the county to be bound by his announcement that Cosby would not be arrested. He said his office found evidence of non-law-enforcement wiretapping of conversations between Constand and Cosby between the time of the incident and when Constand went to police. The District Attorney’s Office went in search of the evidence after Cosby’s attorney at the time, Walter M. Phillips Jr., suggested the wiretaps took place, Castor said. Phillips died last year.