Philadelphia — Bill Cosby’s sexual assault was convicted by the Supreme Court of Pennsylvania after Temple University employee Andrea Constand was convicted of drugs and molestation in a suburban Philadelphia mansion. He was dismissed in a sentence that quickly released the actor from prison for over three years.
Cosby, 83, was the first celebrity to be attempted and convicted during the #MeToo era, and his conviction was seen as a turning point in the movement to hold powerful men accountable for sexual misconduct. Was there.
The proceedings against Cosby and the court’s decision are shown below.
Why did the court convict him?
The division court found Cosby unfairly charged because a former district attorney had promised a comedian, formerly known as “American Dad,” that he would not be charged with constant accusations. Cosby was charged by another prosecutor who claimed he was not bound by the agreement.
The court said it wasn’t. The judge found that Cosby relied on that promise when he agreed to testify in a constantly filed proceeding without exercising his right to the fifth amendment to his self-incrimination.
The court concluded that the prosecutor who was later charged was obliged to stick to the non-indictment agreement, so the conviction is unbearable. “Denying the defendant the benefit of that decision is an insult to basic impartiality, especially if it results in a criminal charge that has been overlooked for more than a decade,” the judge wrote.
What is the deal with a non-indictment agreement?
The promise not to prosecute Cosby was made in 2005 by Bruce Castor, then Chief Prosecutor of Montgomery County. Caster was also on the legal team in support of former President Donald Trump in his second historic impeachment trial over the January 6 riots at the US Capitol by his supporters.
In a court hearing weeks after Cosby was arrested in 2015, Caster testified to the actor in a constant lawsuit filed, hoping that Cosby would allow her to win damages. He testified that he promised not to be prosecuted. Castor admitted that the only place where the issue was documented was in a 2005 press release announcing his decision not to prosecute, but his decision “always” protects Cosby from prosecution. He said it was intended to be done.
His successor said in the appeal discussion that Caster continued to say in a press release that he could revisit future decisions.
Caster said the constant proceedings would be difficult to prove in court because he had been in contact with Cosby after waiting a year.
The first jury to hear the case may have agreed with him because he was unable to reach a verdict in 2017. However, a second jury appointed after the #MeToo movement exploded convicted him in a 2018 retrial. Constant settled her civil proceedings against Cosby for more than $ 3 million.
District attorney Kevin Steele, the successor to Caster, said that a federal judge opened the documents of the 2005 proceedings against Cosby at the request of the Associated Press, and his harmfulness to constant sexual encounters and others. He charged Cosby in 2015 after revealing his testimony. “If we could have been prosecuted, it would have been crazy to say those things,” Caster said.
How unusual is this?
Wesley Oliver, a Pennsylvania law professor and long-time follower of Cosby’s proceedings, talks about the Pennsylvania High Court and other places working on prosecutors’ promises not to prosecute informally. He said he had never heard of it.
Oliver, who teaches at Duquesne University Law School in Pittsburgh, said: “There is probably precedent not only in Pennsylvania, but in other states as well.”
He said the ruling should bring back to prosecutors the risk of proposing not to prosecute privately at press conferences, press releases, or verbally.
“They need to add at least three words —” at the moment “,” he said. “If you add that qualifier, which wasn’t done in the case of Cosby, it should work,” Oliver said.
Can I try COSBY again?
Very unlikely. Wednesday’s decision prohibits Cosby from being retried for constant complaints, which “is the only remedy that meets the reasonable expectations of society for elected prosecutors and our criminal justice system. I admitted that.
And accusations filed by dozens of other women, including five who testified in a 2018 trial, often date back decades and are likely too far to be prosecuted.
Cosby will be 84 next month. However, his lawyer said he remained in good health, except for vision problems that made him legally blind.
Given his wealth, power, and fame, the judge considers him still a sexually violent predator that could endanger women, and makes a lifelong sex offender registration with the authorities every month. I ordered to check in. But the decision denies that discovery.
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