Steven P. Administrators Posted June 30, 2021 Administrators Share Posted June 30, 2021 Quote PHILADELPHIA — Pennsylvania’s highest court overturned Bill Cosby’s sex assault conviction Wednesday after finding an agreement with a previous prosecutor prevented him from being charged in the case. Cosby has served more than two years of a three- to 10-year sentence at a state prison near Philadelphia. He had vowed to serve all 10 years rather than acknowledge any remorse over the 2004 encounter with accuser Andrea Constand. The 83-year-old Cosby, who was once beloved as “America’s Dad,” was convicted of drugging and molesting the Temple University employee at his suburban estate. He was charged in late 2015, when a prosecutor armed with newly unsealed evidence — Cosby’s damaging deposition from her lawsuit — arrested him days before the 12-year statute of limitations expired. The trial judge had allowed just one other accuser to testify at Cosby’s first trial, when the jury deadlocked. However, he then allowed five other accusers to testify at the retrial about their experiences with Cosby in the 1980s. The Pennsylvania Supreme Court said that testimony tainted the trial, even though a lower appeals court had found it appropriate to show a signature pattern of drugging and molesting women. Cosby was the first celebrity tried and convicted in the #MeToo era, so the reversal could make prosecutors wary of calling other accusers in similar cases. The law on prior bad act testimony varies by state, though, and the ruling only holds sway in Pennsylvania. Prosecutors did not immediately say if they would appeal or seek to try Cosby for a third time. Source: https://www.washingtonpost.com/national/bill-cosbys-sex-assault-conviction-overturned-by-court/2021/06/30/d01f5802-d9c1-11eb-8c87-ad6f27918c78_story.html I wonder what swayed the court? Seems like he had a history of drugging women or was that all exaggerated? Link to comment https://www.neowin.net/forum/topic/1409308-bill-cosby%E2%80%99s-sex-assault-conviction-overturned-by-court/ Share on other sites More sharing options...
Steven P. Administrators Posted June 30, 2021 Author Administrators Share Posted June 30, 2021 An agreement with a previous prosecutor, sounds like some legal wrangling and loophole stuff to me. +primortal, Dick Montage and +hedleigh 3 Share Link to comment https://www.neowin.net/forum/topic/1409308-bill-cosby%E2%80%99s-sex-assault-conviction-overturned-by-court/#findComment-598657358 Share on other sites More sharing options...
Brandon H Supervisor Posted June 30, 2021 Supervisor Share Posted June 30, 2021 Just now, Steven P. said: An agreement with a previous prosecutor, sounds like some legal wrangling and loophole stuff to me. yeah sounds about right. just more proving how corrupt/inconsistent our system is here in the US +hedleigh, Dick Montage, +primortal and 1 other 4 Share Link to comment https://www.neowin.net/forum/topic/1409308-bill-cosby%E2%80%99s-sex-assault-conviction-overturned-by-court/#findComment-598657359 Share on other sites More sharing options...
cork1958 Posted June 30, 2021 Share Posted June 30, 2021 Wow! That's about all I can think of to say. Link to comment https://www.neowin.net/forum/topic/1409308-bill-cosby%E2%80%99s-sex-assault-conviction-overturned-by-court/#findComment-598657363 Share on other sites More sharing options...
Michael Scrip Posted June 30, 2021 Share Posted June 30, 2021 I feel sorry for his victims. 😟 Dick Montage 1 Share Link to comment https://www.neowin.net/forum/topic/1409308-bill-cosby%E2%80%99s-sex-assault-conviction-overturned-by-court/#findComment-598657364 Share on other sites More sharing options...
+Warwagon MVC Posted June 30, 2021 MVC Share Posted June 30, 2021 I heard he gave the judge free jell-o for life. jnelsoninjax 1 Share Link to comment https://www.neowin.net/forum/topic/1409308-bill-cosby%E2%80%99s-sex-assault-conviction-overturned-by-court/#findComment-598657367 Share on other sites More sharing options...
techbeck Posted June 30, 2021 Share Posted June 30, 2021 2 hours ago, Steven P. said: I wonder what swayed the court? Seems like he had a history of drugging women or was that all exaggerated? He said he bought drugs with the purpose of giving them to women from what I saw few years back. Don't think he said without their knowledge. Like buying a woman a drink really as long as they knew and accepted. Tho if someone says no to sexual advances, then no means no. Anyway, if a deal was made, as many cases have deals, and that was not honored, then only the courts fault here. Link to comment https://www.neowin.net/forum/topic/1409308-bill-cosby%E2%80%99s-sex-assault-conviction-overturned-by-court/#findComment-598657401 Share on other sites More sharing options...
kcbworth Posted July 1, 2021 Share Posted July 1, 2021 10 hours ago, Steven P. said: I wonder what swayed the court? Seems like he had a history of drugging women or was that all exaggerated? Seems he was once granted immunity which was not honored during the trial. His release has nothing to do with innocence from what I can tell Dick Montage, timster and Ghostdraconi 3 Share Link to comment https://www.neowin.net/forum/topic/1409308-bill-cosby%E2%80%99s-sex-assault-conviction-overturned-by-court/#findComment-598657495 Share on other sites More sharing options...
FloatingFatMan Posted July 1, 2021 Share Posted July 1, 2021 1 hour ago, kcbworth said: Seems he was once granted immunity which was not honored during the trial. His release has nothing to do with innocence from what I can tell I'm really not sure what to think about this. It's not just this deal that wasn't honoured, but also allowing women to had nothing at all to do with the case to testify? What the hell?! That's not even remotely appropriate... Dick Montage and timster 2 Share Link to comment https://www.neowin.net/forum/topic/1409308-bill-cosby%E2%80%99s-sex-assault-conviction-overturned-by-court/#findComment-598657502 Share on other sites More sharing options...
Emn1ty Posted July 1, 2021 Share Posted July 1, 2021 47 minutes ago, FloatingFatMan said: I'm really not sure what to think about this. It's not just this deal that wasn't honoured, but also allowing women to had nothing at all to do with the case to testify? What the hell?! That's not even remotely appropriate... Yep, it's really just a flat out botched case. But even still, his reputation is in ruins and he did spend two years in prison. One could possibly say the damage is done. Dick Montage and FloatingFatMan 2 Share Link to comment https://www.neowin.net/forum/topic/1409308-bill-cosby%E2%80%99s-sex-assault-conviction-overturned-by-court/#findComment-598657506 Share on other sites More sharing options...
Nick H. Supervisor Posted July 1, 2021 Supervisor Share Posted July 1, 2021 I didn't really follow or understand what happened, but I found the following this morning which seems to sum it up: +Raze, Dick Montage, Steven P. and 2 others 3 2 Share Link to comment https://www.neowin.net/forum/topic/1409308-bill-cosby%E2%80%99s-sex-assault-conviction-overturned-by-court/#findComment-598657519 Share on other sites More sharing options...
FloatingFatMan Posted July 1, 2021 Share Posted July 1, 2021 I'm guessing double jeopardy will come into play here as well, so he can't be re-tried? Link to comment https://www.neowin.net/forum/topic/1409308-bill-cosby%E2%80%99s-sex-assault-conviction-overturned-by-court/#findComment-598657534 Share on other sites More sharing options...
Thrackerzod Posted July 1, 2021 Share Posted July 1, 2021 A convicted rapist is set free and Britney Spears is still a slave. I think they got the judges mixed up or something. FloatingFatMan 1 Share Link to comment https://www.neowin.net/forum/topic/1409308-bill-cosby%E2%80%99s-sex-assault-conviction-overturned-by-court/#findComment-598657543 Share on other sites More sharing options...
DocM Posted July 2, 2021 Share Posted July 2, 2021 (edited) On 30/06/2021 at 12:53, Steven P. said: Source: https://www.washingtonpost.com/national/bill-cosbys-sex-assault-conviction-overturned-by-court/2021/06/30/d01f5802-d9c1-11eb-8c87-ad6f27918c78_story.html I wonder what swayed the court? Seems like he had a history of drugging women or was that all exaggerated? It was constitutional issues, a violation of his rights to due process and against self-incrimination, a basic violation of contract law, and prosecutorial incompetence. Sequence (abridged) Civil lawsuit: Victims sued in civil court, with which comes the right to depose Cosby before trial. In order to get Cosby to take responsibility the then county prosecutor and Cosby's attorneys came to a verbal deal; he truthfully testifies and the State wouldn't prosecute him. The deal was announced in a press release, and the prosecutor discussed it with reporters, etc. The prosecutor also left notes to his successors about the arrangement. Cosby testifies to his crimes in civil court. Criminal case: a new county prosecutor takes over, unilaterally trashes the previous deal because it wasn't an official & signed plea deal and successfully prosecutes Cosby, using his testimony in the civil trial and that of other victims as evidence. Cosby's lawyers appeal, claiming the original deal should have been honored because it was announced, and improper testimony & evidence was admitted. PA Supreme Court: the court held 6-1 that the original deal was a verbal contract, and the prosecution's use of the improper evidence & testimony violated Cosby's rights to due process and to not self-incriminate (5th Amendment). It also held 4-3 that the state cannot re-try him. Aftermath: the original prosecutor thinks Cosby can sue, link... Quote Bruce Castor, the prosecutor Cosby had his previous agreement with, suggested Thursday that Cosby could sue Montgomery County over the handling of the case. Ka-Ching. Edited July 2, 2021 by DocM Link to comment https://www.neowin.net/forum/topic/1409308-bill-cosby%E2%80%99s-sex-assault-conviction-overturned-by-court/#findComment-598657769 Share on other sites More sharing options...
FloatingFatMan Posted July 2, 2021 Share Posted July 2, 2021 Not a lawyer, but I agree... Cosby can probably sue and make bank, despite his admitted guilt. That second prosecutor needs some serious reprimanding... Link to comment https://www.neowin.net/forum/topic/1409308-bill-cosby%E2%80%99s-sex-assault-conviction-overturned-by-court/#findComment-598657938 Share on other sites More sharing options...
DocM Posted July 3, 2021 Share Posted July 3, 2021 (edited) 1 hour ago, FloatingFatMan said: Not a lawyer, but I agree... Cosby can probably sue and make bank, despite his admitted guilt. That second prosecutor needs some serious reprimanding... He needs to be voted out - Chief County Prosecutor's here are usually elected. Ditto the State Attorney General. Link to comment https://www.neowin.net/forum/topic/1409308-bill-cosby%E2%80%99s-sex-assault-conviction-overturned-by-court/#findComment-598657947 Share on other sites More sharing options...
jnelsoninjax Posted July 3, 2021 Share Posted July 3, 2021 On 01/07/2021 at 06:02, FloatingFatMan said: I'm guessing double jeopardy will come into play here as well, so he can't be re-tried? Yes more than likely they will not try, but he is not immune from civil suits, but guessing from his age, they won't try that route either. Link to comment https://www.neowin.net/forum/topic/1409308-bill-cosby%E2%80%99s-sex-assault-conviction-overturned-by-court/#findComment-598657949 Share on other sites More sharing options...
DocM Posted July 3, 2021 Share Posted July 3, 2021 3 hours ago, jnelsoninjax said: Yes more than likely they will not try, The PA State Supreme Court ruled out re-trying him there, but if the Statute of Limitations hasn't run out in other states they could prosecute him. Don't hold your breath after this. 3 hours ago, jnelsoninjax said: but he is not immune from civil suits, but guessing from his age, they won't try that route either. Link to comment https://www.neowin.net/forum/topic/1409308-bill-cosby%E2%80%99s-sex-assault-conviction-overturned-by-court/#findComment-598657964 Share on other sites More sharing options...
Steven P. Administrators Posted July 3, 2021 Author Administrators Share Posted July 3, 2021 I thought they didn't count most of the witnesses in the original trail that was overturned, one of the agreements was that Cosby would detail what he did for immunity, so yeah if Statute of Limitations hasn't been reached in some cases he could be tried for the first time by one or more of the victims. Link to comment https://www.neowin.net/forum/topic/1409308-bill-cosby%E2%80%99s-sex-assault-conviction-overturned-by-court/#findComment-598658029 Share on other sites More sharing options...
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