I’m stunned. Bill Cosby is walking free.
PHILADELPHIA (AP) — Pennsylvania’s highest court threw out Bill Cosby’s sexual assault conviction and released him from prison Wednesday in a stunning reversal of fortune for the comedian once known as “America’s Dad,” ruling that the prosecutor who brought the case was bound by his predecessor’s agreement not to charge Cosby.
Cosby, 83, had served nearly three years of a three- to 10-year sentence after being found guilty of drugging and violating Temple University sports administrator Andrea Constand at his suburban Philadelphia home in 2004. …
The former “Cosby Show” star was arrested in 2015, when a district attorney armed with newly unsealed evidence — the comic’s damaging deposition in a lawsuit filed by Constand — brought charges against him days before the 12-year statute of limitations was about to run out.
But the Pennsylvania Supreme Court said Wednesday that District Attorney Kevin Steele, who made the decision to arrest Cosby, was obligated to stand by his predecessor’s promise not to charge Cosby, though there was no evidence that promise was ever put in writing. …
The justices said that overturning the conviction, and barring any further prosecution, “is the only remedy that comports with society’s reasonable expectations of its elected prosecutors and our criminal justice system.”
He was promptly set free from the state prison in suburban Montgomery County and returned to his home with no immediate comment.
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Powerful men are given different treatment. Black or white. Although white are given preference. It’s disgusting.
As Jean de la Fontaine famously said: Selon que vous serez puissant ou misérable, les jugements de cour vous rendront noir ou blanc.
Or roughly translated Tepending on your status of powerful or miserable, court judgements will make you black or white.
Rich and powerful people can escape justice so much more easily than the poor who often get to see the other side of injustice.
Well.
That’s sort of bull.
Like, completely bull.
And people think the California courts are messed up?
Pennsylvania’s supreme court didn’t just drop the ball on this one, they forgot to even read the frickin’ playbook.
The best anyone can probably hope for this is that Bruce Castor is investigated and somehow punished for this.
This general type of deal is for low-level mob members and similar organized crime types, not solo criminals. It’s especially not for the big boss, like what happened with Epstein the first time. There’s nobody “above” Cosby to take out, unless there’s some studio head who is/was farming out young women actors to be sex toys to male celebrities, and you’d think we’d have heard about it by now if that were the case.
Bugger.
Oh well, at least Rumsfeld’s finally dead.
I’ve read the judgment in this. It’s not quite as straight forward as seems.
The full judgment is here…
https://www.pacourts.us/assets/opinions/Supreme/out/J-100-2020mo%20-%20104821740139246918.pdf?cb=1
But to summarise the key points.
A particular victim made a complaint to the police about Cosby. The DA’s office took the view that a conviction was unlikely on the admissible evidence they had.
They were aware the victim was also bringing a civil claim. In that claim however Cosby would have been able to invoke the 5th Amendment.
The only way a defendant can be compelled to provide a deposition in a civil case where a crime is alleged is if there has been a formal nolle prosequi. That is, the promise not to prosecute.
The DA’s office thought that they were assisting the civil claim; and it is the case that Cosby did have to make admissions in the deposition.
However where, I think, the prosecution got it wrong was not seeking the victim’s views on this. She only learned of the deal when her lawyers got the notice they were allowed to depose Cosby.
There’s also the aspect of their judgment on the likelihood of a conviction. It can be a tricky call, and prosecutors are under a duty not to bring a case they don’t believe has a realistic prospect of success. However the fact a subsequent prosecution was successful certainly casts light on their judgment.
ETA: There are some dissents in that judgment. On the ground that the decision not to prosecute was only stated in a press release; and that didn’t meet the requirements of formality (putting in writing or stating in open court) and therefore the promise was not binding.
*insert much angry profanity here*
This guy is, or was, an artist.
I hope his muse deserted him years ago, hurling a trail of Legos over her shoulder as she stormed off.
In related news from PA:
https://www.washingtonpost.com/nation/2021/06/30/shannon-keeler-ian-cleary-rape-gettysburg/
Police are now searching the world for Ian Cleary.
I’ve tried posting the link to the judgment a few times; but there seems to be a moderation glitch. So I’ll try again but break the link. Just remove the space after https if you want to read.
https ://www.pacourts.us/assets/opinions/Supreme/out/J-100-2020mo%20-%20104821740139246918.pdf?cb=1
This is why we can’t have nice things.
He was supposed to die in prison, dammit.
Possibly along with members of the Pennsylvania Supreme Court.
Fuck Bill Cosby. Fuck Bruce Castor. Fuck Donald Rumsfeld. Fuck Phylicia Rashad. Fuck Allison Mack. Fuck that judge who denied Britney Spears effort to get her freedom back.
Did I miss anyone? Probably.
Sorry I can’t be more articulate than that right now.
Fuuuuck this bullshit. I was gonna raise a toast to Dumsfeld kicking the bucket, but then this news was uttered in the same breath. Fuck. Can’t this be appealed or have him be convicted for one of his other victims? Goddamnit to fucking hell.
BTW, this is the user formerly known as Mostly_Lurking. Since I’ve been posting here more regularly, I decided it didn’t really apply and would change it at the next open thread. I just wasn’t expecting another one so soon or for such terrible reasons. You can call me Harpy or QotH, or just yell “Here’s your crown, your majesty!!!” at me and I’ll laugh every time. I might need one right now.
https://www.thedailybeast.com/bill-cosby-walks-free-because-of-power-hungry-prosecutor-bruce-castor?ref=home
I just read this detailed explanation of the frankly extraordinary deal made with Cosby back in 2005, and how it became a problem today
My take from the time he was credibly charged was this:
Cosby is well-known as a strong supporter of Traditional Values, and what’s more traditional than a wealthy man’s being allowed to do whatever he wants with a Bad Girl, e.g. one who goes out in public without a male relative to protect her, much less one who wants a career or goes to a man’s hotel room?