Bill Cosby’s sex assault conviction overturned

[Sundancefisher]

Going to be interesting reading how this happened.

He is to be released from prison shortly.

[johnnymacrds]

no my words but this is one of the top posts of reddit / news ..

The main reason this case was overturned was because in 2005 the Montgomery County District Attorney effectively promised never to prosecute Cosby for raping Andrea Costand (through a public press release saying he was not going to prosecute Cosby), believing that there was no way he could get a conviction, and seeking to give her some justice by helping her when she sued him for the assault in civil court.

Because the DA had said they were not going to prosecute him, Cosby was unable to "plead the 5th" in the civil lawsuit and was forced to admit under oath at depositions to giving multiple women Quaaludes before he sexually assaulted them, and even said he gave Costand multiple Benadryl before he assaulted her.

Years later, a new Montgomery County DA said that the DA in 2005 hadn't formally bound the state, and therefore she could go forward with prosecuting him. At the trial, Cosby's lawyers argued that he couldn't be prosecuted because of what the DA did in 2005, but the judge said that earlier decision was not enforceable and allowed Cosby to be prosecuted, in part because there was no signed non-prosecute agreement, only the public statement.

Today the Pennsylvania Supreme Court disagreed, saying that:

For the reasons detailed below, we hold that, when a prosecutor makes an unconditional promise of non-prosecution, and when the defendant relies upon that guarantee to the detriment of his constitutional right not to testify, the principle of fundamental fairness that undergirds due process of law in our criminal justice system demands that the promise be enforced.

In other words, the DA in 2005 promised not to prosecute Cosby for raping Costand (in an effort to allow her to sue him civilly), that must be enforced, and therefore Cosby goes free.

There are other aspects to the decision, but that's the big one.

[elkhunter11]

So how much will Cosby sue for?

[fishtank]

Originally Posted by elkhunter11

So how much will Cosby sue for?

would be wise to walk away and dont pull a OJ . got away with murder then get jailed for taking back his own sports memorabilia

[57charlie]

Either way, he's still a despicable, lecherous pig.

[Rastus]

BUT! what happened years ago, cannot be sue for, unless it was at that time. What I mean to say is true. We have all heard about the directors couch. YOU are right, but we all still can't sued. God I would have them lining up. And I was good, well in my mind.

[45/70/500]

Originally Posted by Rastus

BUT! what happened years ago, cannot be sue for, unless it was at that time. What I mean to say is true. We have all heard about the directors couch. YOU are right, but we all still can't sued. God I would have them lining up. And I was good, well in my mind.

you are not making any sense ,, go back to and finish your afternoon nap

[Battle Rat]

Originally Posted by 45/70/500

you are not making any sense ,, go back to and finish your afternoon nap

Cant drink all day if you don't start in the morning.

[CaberTosser]

Unfortunate he’s getting out. I suspect there may be other prosecution attempts but it could prove difficult where statutes of limitations apply. If nothing else, he’s forever humiliated. I’d still prefer to see more time served though, he was a serial rapist for how long? How often did he offend and for how many decades? That victim list must be substantial, surely more lawsuits may come forward, he can enjoy his time out of jail in the defendants chair. Perhaps some victims who never spoke up might now, being as they can’t take solace in him being imprisoned.

[calgarychef]

Originally Posted by Battle Rat

Cant drink all day if you don't start in the morning.

Lmao….that made me laugh.

[Fish along]

Originally Posted by CaberTosser

Unfortunate he’s getting out. I suspect there may be other prosecution attempts but it could prove difficult where statutes of limitations apply. If nothing else, he’s forever humiliated. I’d still prefer to see more time served though, he was a serial rapist for how long? How often did he offend and for how many decades? That victim list must be substantial, surely more lawsuits may come forward, he can enjoy his time out of jail in the defendants chair. Perhaps some victims who never spoke up might now, being as they can’t take solace in him being imprisoned.

I hope that others do come forward, after all he's a serial rapist,it's a slap in the face for all of his victims and to the general public in my opinion. He definitely needs to be locked up
.

[sns2]

Hope he dies of syphilis of the brain. Scum of the earth.

[Pioneer2]

Originally Posted by 57charlie

Either way, he's still a despicable, lecherous pig.

As are many of the rich and famous in Hollywood.

[Big Grey Wolf]

Old proverb " You are not guilty until you run out of money" applies here.

[sk270]

Originally Posted by Big Grey Wolf

Old proverb " You are not guilty until you run out of money" applies here.

Yes. Just as in Canada there is a legal system not a justice system. Another confessed criminal released on a technicality.

[elkhunter11]

Originally Posted by sk270

Yes. Just as in Canada there is a legal system not a justice system. Another confessed criminal released on a technicality.

Not really a technicality, the DA made a deal, and gave up the right to prosecute. Then another DA reneged on the deal, so there never should have been a conviction in the first place. He is a guilty scumbag, but he is free because of the DA deal.

[urban rednek]

Originally Posted by sk270

Yes. Just as in Canada there is a legal system not a justice system. Another confessed criminal released on a technicality.

I don't think anyone familiar with U.S. law would describe a fundamental process of law guaranteed in their Constitution a "technicality".

For the reasons detailed below, we hold that, when a prosecutor makes an unconditional promise of non-prosecution, and when the defendant relies upon that guarantee to the detriment of his constitutional right not to testify, the principle of fundamental fairness that undergirds due process of law in our criminal justice system demands that the promise be enforced.

When his civil case was being tried, I remember thinking "why would he admit to more assaults than he is being sued for?"
Now we know why. His lawyer was playing the long game, and the state was unable to anticipate the consequences of their decision.

[sk270]

Originally Posted by urban rednek

I don't think anyone familiar with U.S. law would describe a fundamental process of law guaranteed in their Constitution a "technicality".


When his civil case was being tried, I remember thinking "why would he admit to more assaults than he is being sued for?"
Now we know why. His lawyer was playing the long game, and the state was unable to anticipate the consequences of their decision.

Apparently, a lot of people are not familiar with their Constitution.

https://www.npr.org/2021/06/30/10118...-advocates-say
https://edition.cnn.com/us/live-news...-21/index.html
https://www.foxnews.com/entertainmen...ult-conviction
https://abcnews.go.com/US/video/accu...ality-78608620
https://news.yahoo.com/cosby-prison-...153253824.html

[nelsonob1]

Originally Posted by sns2

Hope he dies of syphilis of the brain. Scum of the earth.

X2

[Positrac]

Originally Posted by sns2

Hope he dies of syphilis of the brain. Scum of the earth.

My comment got nuked and I got a warning because I slightly more harsh in my wording but very much in agreement with your post.

[35 whelen]

Now you have James Franco paying out two and a half million but never charged I guess always good to have lots of money when you're like these scumbags