Bill Cosby's conviction overturned by PA Supreme Court

[Damien]

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Ruling: https://www.pacourts.us/assets/opinions/Supreme/out/J-100-2020mo - 104821740139246918.pdf?cb=1

 

[OleBoiii]

I wonder if he saw it coming...

 

[Droid_Repairs]

WTF? Did not see this coming.

He'll remain a pariah though, and I doubt he'll work again. At 83, and with such a terrible public image, he'll probably just want to disappear into obscurity as quickly as possible.

 

[Penna]

It's a procedural matter - testimony was introduced at the trial that shoudn't have been introduced, from my understanding. This doesn't exonerate him and everyone knows what sort of a man he is now.

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.
https://www.usatoday.com/story/spon...great-food-better-memories-summer/7552934002/

https://eu.usatoday.com/story/enter...ual-assault-case-overturned-court/7813200002/

 

[sullydnl]

So basically Cosby was promised non-prosecution on the basis that he would testify in his civil trial, he did, then they used that testimony to prosecute him?

Can see why that would get a conviction overturned. Pretty grim given he's certainly guilty though.

 

[lsd]

Seems like the prosecution messed up and he is freed on a technicality.

Sad for his victims and no doubt the people who stood by him will be claiming this as a great victory and justice which it is anything but.

 

[adexkola]

Seems like the prosecution messed up and he is freed on a technicality.

Sad for his victims and no doubt the people who stood by him will be claiming this as a great victory and justice which it is anything but.

Without that technicality he wouldn't have been in court in the first place. Crazily enough we can't just throw people in jail based on the whims of the public.

 

[Pexbo]

WTF? Did not see this coming.

He'll remain a pariah though, and I doubt he'll work again. At 83, and with such a terrible public image, he'll probably just want to disappear into obscurity as quickly as possible.

Dancing with the Stars season 30 beckons

 

[Dr. Dwayne]

So basically Cosby was promised non-prosecution on the basis that he would testify in his civil trial, he did, then they used that testimony to prosecute him?

Can see why that would get a conviction overturned. Pretty grim given he's certainly guilty though.

Pretty much. It seems that the prosecutor originally felt that a conviction was unlikely based solely on Constand's testimony but a civil suit could result in some justice for her. A criminal trial would allow Cosby to plead the fifth an not be required to testify but the immunity agreement meant that he was required to testify in the civil case, which resulted in a judgment against him.

 

[adexkola]

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That's a big fecking technicality. Cases have been thrown out for less.

 

[WI_Red]

This guy does like his rich rapists doesn't he. It's also nice to see he has been incompetent his whole life.

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[Raoul]

Jello pudding pops

 

[adexkola]

This guy does like his rich rapists doesn't he. It's also nice to see he has been incompetent his whole life.

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He took the easy way out. He should have charged Cosby in criminal court and let the evidence determine guilt.

It's easy to blame the Trump lackey but the subsequent DA in face of public opinion ignored the situation and went ahead with a criminal trial, and in addition prejudiced the jury.

Regardless of Cosby's guilt/innocence, there's a lesson here.

 

[Scarlett Dracarys]

Dancing with the Stars season 30 beckons

He might have better rhythm than Kim K.

 

[entropy]

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[Vidyoyo]

Spoiler

 

[Dr. Dwayne]

He took the easy way out. He should have charged Cosby in criminal court and let the evidence determine guilt.

It's easy to blame the Trump lackey but the subsequent DA in face of public opinion ignored the situation and went ahead with a criminal trial, and in addition prejudiced the jury.

Regardless of Cosby's guilt/innocence, there's a lesson here.

That's the thing, at the time the agreement was made, he didn't feel there was enough evidence to convict. Taking Cosby to a criminal trial would mean that he could hide behind the fifth amendment and no justice would be served.

Civil judgements aren't a great form of justice but surely they must be better than nothing at all. This is from pages 9 and 10 of the judgement:

In February 2005, then-District Attorney Castor reviewed Constand’s interviews and Cosby’s written answers in order to assess the viability of a prosecution of Cosby. The fact that Constand had failed to promptly file a complaint against Cosby troubled the district attorney. In D.A. Castor’s view, such a delay diminished the reliability of any recollections and undermined the investigators’ efforts to collect forensic evidence. Moreover, D.A.Castor identified a number of inconsistences in Constand’s various statements to investigators. After Cosby provided his written answers, police officers searched his Cheltenham residence and found no evidence that, in their view,could be used to confirm or corroborate Constand’s allegations. Followingthe search of Cosby’shome, Constand was interviewed by police again. D.A.Castor noted that there were inconsistences in that interview, which further impaired Constand’s credibility in his eyes. He also learned that, before she contacted the police in Canada, Constand had contacted civil attorneys in Philadelphia, likely for the purpose of pursuing financial compensation in a lawsuit against Cosby. Additionally, according to D.A.Castor, Constand’s behavior in the year since the alleged assault complicated any effort to secure a conviction against Cosby. As evidenced by the number of telephone calls that she recorded,Constand continued to talk with Cosby on the phone,and she also continued to meet with him in person after the incident.D.A.Castor found these recurring interactions between a complainant and an alleged perpetrator to be atypical. D.A. Castor also reasoned that the recordings likely

[J-100-2020] -10were illegal and included discussions that could be interpreted as attempts by Constand and her mother to get Cosby to pay Constand so that she would not contact the authorities. The totality of these circumstances ultimately led D.A.Castor to conclude that “there was insufficient credible and admissible evidence upon which any charge against [] Cosby related to the Constand incident could be proven beyond a reasonable doubt.” N.T., 2/2/2016, at 60.Having determined that a criminal trial likely could not be won, D.A.Castor contemplated an alternative course of action that could place Constand on a path to some form of justice. He decided that a civil lawsuit for money damages was her best option. To aid Constand in that pursuit, “as the sovereign,” the district attorney“decided that [his office] would not prosecute [] Cosby,” believing that his decision ultimately “would then set off the chain of events that [he]thought as a Minister of Justice would gain some justice for Andrea Constand.” Id.at 63-64. By removing the threat of a criminal prosecution, D.A.Castor reasoned,Cosby would no longer be able in a civil lawsuit to invoke his Fifth Amendment privilege against self-incrimination for fear that his statements could later be used against him by the Commonwealth

 

[adexkola]

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The answer is that we have an entire arm of the government called the police, trained to handle and investigate claims of sexual assault.

 

[arnie_ni]

Without that technicality he wouldn't have been in court in the first place. Crazily enough we can't just throw people in jail based on the whims of the public.

Is there no hard evidence against him?

 

[Ekkie Thump]

The answer is that we have an entire arm of the government called the police, trained to handle and investigate claims of sexual assault.

And by all accounts are quite poor at it.

 

[entropy]

The answer is that we have an entire arm of the government called the police, trained to handle and investigate claims of sexual assault.

Not sure if you’re being serious or sarcastic. But Howard has a host of lawsuits against them re:sexual assault.

https://www.insidehighered.com/news...-howard-university-kept-serial-rapists-campus

 

[adexkola]

That's the thing, at the time the agreement was made, he didn't feel there was enough evidence to convict. Taking Cosby to a criminal trial would mean that he could hide behind the fifth amendment and no justice would be served.

Civil judgements aren't a great form of justice but surely they must be better than nothing at all. This is from pages 9 and 10 of the judgement:

I agree with you, and in addition it's important to note that justice was not served this way by railroading Cosby's constitutional rights.

 

[Dr. Dwayne]

I agree with you, and in addition it's important to note that justice was not served this way by railroading Cosby's constitutional rights.

Yes, good point.

 

[adexkola]

Is there no hard evidence against him?

Testimony

And by all accounts are quite poor at it.

Yes. The answer is not to make colleges kangaroo courts. We could start with putting more resources into clearing the rape kit backlog, and expediting trials related to sexual assault.

Not sure if you’re being serious or sarcastic. But Howard has a host of lawsuits against them re:sexual assault.

https://www.insidehighered.com/news...-howard-university-kept-serial-rapists-campus

I'm being serious.

Regarding the link, it says the students in question were not convicted, they were alleged rapists. Accused persons actually have rights too (ignoring this is why Cosby is actually walking free shortly)

 

[Droid_Repairs]

He might have better rhythm than Kim K.

Dancing with the Stars season 30 beckons

I mean, stranger things have happened. We already know he can tap dance.

 

[entropy]

I'm being serious.

Regarding the link, it says the students in question were not convicted, they were alleged rapists. Accused persons actually have rights too (ignoring this is why Cosby is actually walking free shortly)

The university didn’t even take up the case until the student decided to go public. This was after months of them refusing to even respond to the students. It’s pretty disgusting. Lot more information here for more context.

https://www.npr.org/local/305/2020/...ivors-of-sexual-violence-at-howard-university

https://www.buzzfeednews.com/amphtml/tylerkingkade/howard-university-sexual-assault-lawsuit

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[WI_Red]

The university didn’t even take up the case until the student decided to go public. This was after months of them refusing to even response to the students. It’s pretty disgusting. Lot more information here for more context.

https://www.buzzfeednews.com/amphtml/tylerkingkade/howard-university-sexual-assault-lawsuit

Howard is not alone in this. Universities have basically become cover-up firms for sexual assault.

 

[WI_Red]

I mean, stranger things have happened. We already know he can tap dance.

Make him dance after his partner forces quaaludes down his throat.

 

[adexkola]

The university didn’t even take up the case until the student decided to go public. This was after months of them refusing to even respond to the students. It’s pretty disgusting. Lot more information here for more context.

https://www.npr.org/local/305/2020/...ivors-of-sexual-violence-at-howard-university

https://www.buzzfeednews.com/amphtml/tylerkingkade/howard-university-sexual-assault-lawsuit

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I agree certain details about this are disgusting.

That said, (and this is an opinion shaped by hearing of dozens of sexual assault stories on campus), schools are horrible at adjudicating sexual assault because for one, they're completely unqualified for that task.

Rashad's tweet doesn't indicate support for sexual assault. She's perfectly able to support a past co-worker of hers and perform her role as a Dean.

 

[lsd]

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I knew she would be the first out shouting innocent. What a vile woman she turned out to be

 

[entropy]

I agree certain details about this are disgusting.

That said, (and this is an opinion shaped by hearing of dozens of sexual assault stories on campus), schools are horrible at adjudicating sexual assault because for one, they're completely unqualified for that task.

Rashad's tweet doesn't indicate support for sexual assault. She's perfectly able to support a past co-worker of hers and perform her role as a Dean.

I agree. Universities are the worst when it comes to dealing with rape, sexual assault. IMO she is a moron for tweeting that and students have a right to be mad at her given how Howard has handled the issue very recently.

@WI_Red universities have always been this way. This is why the outrage coming from the likes of Ben Shapiro, etc about campuses turning into woke spaces is utter BS.

 

[Dante]

The answer is that we have an entire arm of the government called the police, trained to handle and investigate claims of sexual assault.

And District Attorneys who prosecute the offenders.

 

[WI_Red]

I agree. Universities are the worst when it comes to dealing with rape, sexual assault. IMO she is a moron for tweeting that and students have a right to be mad at her given how Howard has handled the issue very recently.

@WI_Red universities have always been this way. This is why the outrage coming from the likes of Ben Shapiro, etc about campuses turning into woke spaces is utter BS.

oh, I agree 100%. Whether protect students or faculty, Universities are Catholic Church level good at protecting predators.

 

[mu4c_20le]

Oh well, he was guilty anyway

 

[USREDEVIL]

I knew she would be the first out shouting innocent. What a vile woman she turned out to be

Disgusting isn't it? I know that you have to stick by your friends and family but if they did the crime, and we know he did, then they deserve what is coming to them.

 

[choccy77]

Dancing with the Stars season 30 beckons

Keep him away from the water bottles.

 

[Wibble]

Great. Another serial rapist back on the streets. Just what we need. Hopefully he gets sued into oblivion if they can't get him back in jail where he belongs.

 

[Scarlett Dracarys]

I thought we were trying to free Britney.

 

[adexkola]

Great. Another serial rapist back on the streets. Just what we need. Hopefully he gets sued into oblivion if they can't get him back in jail where he belongs.

To the contrary, he's probably entitled to sue the state for wrongful imprisonment.

 

[Wibble]

To the contrary, he's probably entitled to sue the state for wrongful imprisonment.

I'm not talking about the legalities. Vile rapists like him belong in prison not matter that he seems to have got away with it.

Hopefully there are lots more victims still to sue and at least this scumbag can be bankrupted.