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Bill Cosby is out. His sexual assault conviction has been overturned.
I never followed any of this very closely. But I do know that he was convicted at the time when all of the #MeToo witch hunt mob was on the rampage, and the Brett Kavanaugh confirmation hearings were being conducted by some of the most despicable people that humanity has yet produced, based on the same despicable tactics.
I do not know if he is guilty of any of these charges or not. But we cannot just "believe all women," which it appears may be the basis for his conviction here.
Anyway, Bill is back - without a criminal record of any kind.
Bill Cosby raped 60 upper class women, cover girls ect,. Thats why he did the time. The Boy Scouts raped 16,000 boys and I haven't heard of any one doing significant time over that. This past week a 19 year old in a small Missouri town raped a young girl every day for two years. He used a knife to threaten her. The deal he made will get him 120 days , yes days in jail.
I just read the full decision. I now understand and get it. Basically, in this country, when dealing with prosecutors, "a deal is a deal." The Court stated, in part (decision in public domain, no copyright):
Quote:
Originally Posted by PA Supreme Court
n entirely different situation arises when the decision not to prosecute is unconditional, is presented as absolute and final, or is announced in such a way that it induces the defendant to act in reliance thereupon. When a non-prosecution decision is conveyed in such a way, and when a defendant, having no indication to the contrary, detrimentally relies upon that decision, due process may warrant preclusion of the prosecution. Numerous state and federal courts have found that a defendant’s detrimental reliance upon the government’s assurances during the plea bargaining phase both implicates his due process rights and entitles him to enforcement even of unconsummated agreements. The cases are legion....We already have determined that Cosby in fact relied upon D.A. Castor’s decision. We now conclude that Cosby’s reliance was reasonable, and that it also was reasonable for D.A. Castor to expect Cosby to so rely. (Page 60, 68 or 79 Page PDF
Put simply, no attorney in his right mind would allow a client to testify without such assurances being enforceable.
The former DA said in public he would not be prosecuting the case. The woman in the case at the time had no evidence, waited a year to pursue which ultimately meant it was a case of he said/she said. Or… nothing for him to prosecute.
Because he publicly declared he would not prosecute cosby… when it came to the civil suit she filed against him he couldn’t plead the 5th and had to answer questions in depositions. There was no signed deal. The public declaration was enough.
Fastforward to the next DA… they used the depositions from the civil suit to prosecute Cosby. They were damning.
Had the original DA not said he wouldn’t prosecute, cosby would have never answered the questions and plead the 5th.
If the latter DA had not used those transcripts, and still gotten a guilty verdict, Cosby would still be in jail. Because the DA used the transcripts from the civil suit it was found he incriminated himself without being able to plead the 5th and as such the case was tossed.
The Fifth Amendment doesn't go on vacation every time someone gets hauled into civil court.
The government insists, broadly, that the constitutional privilege against self-incrimination does not apply in any civil proceeding. The contrary must be accepted as settled. The privilege is not ordinarily dependent upon the nature of the proceeding in which the testimony is sought or is to be used. It applies alike to civil and criminal proceedings, wherever the answer might tend to subject to criminal responsibility him who gives it. The privilege protects a mere witness as fully as it does one who is also a party defendant. It protects, likewise, the owner of goods which may be forfeited in a penal proceeding.
This is good news, a small victory for sanity. These endless female rape/sexual assault/sexual harassment allegations with no evidence (often times years or decades after the crime allegedly happened) are a cancer that is wrecking what little remains of our society.
In no sane society would these womens' allegations have seen the light of day. All that results from giving such unscrupulous women the spotlight of attention, is further moral decay and confusion.
This is good news, a small victory for sanity. These endless female rape/sexual assault/sexual harassment allegations with no evidence (often times years or decades after the crime allegedly happened) are a cancer that is wrecking what little remains of our society.
In no sane society would these womens' allegations have seen the light of day. All that results from giving such unscrupulous women the spotlight of attention, is further moral decay and confusion.
I am always suspicious of ancient allegations. Defendants lose the ability to defend themselves because memories fade, witnesses become hard to find, etc. Just because something is woke doesn't mean it's true.
He admitted under oath to drugging women in order to make it easier to rape them. I get that lots of guys have been falsely accused by women of things they did not do. Cosby is not one of them.
He admitted to partying with the women and giving them drugs, not drugging them. Big difference.
The law has spoken. And the law says that Mr. Cosby is innocent.
That’s actually not that the law said in this case. The conviction was not overturned because of new evidence of Cosby’s innocence, it was because of improper actions by the prosecutor and what the law said was that they had to honor their previous deal with Cosby which stated he would not be prosecuted.
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or cannot see the entire picture.
