• Hey, guest user. Hope you're enjoying NeoGAF! Have you considered registering for an account? Come join us and add your take to the daily discourse.
  • The Politics forum has been nuked. Please do not bring political discussion to the rest of the site, or you will be removed. Thanks.

News Bill Cosby Conviction Overturned

BeardGawd

Member
Dec 16, 2019
797
1,438
485

PHILADELPHIA (AP) — Pennsylvania’s highest court threw out Bill Cosby’s sexual assault conviction and opened the way for his immediate release 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, has served more than two 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. He was the first celebrity tried and convicted in the #MeToo era.

Cosby was arrested in 2015, when a district attorney armed with newly unsealed evidence — the comic's damaging deposition testimony in a lawsuit brought by Constand — brought charges against him days before the 12-year statute of limitations ran out.

But the Pennsylvania Supreme Court said 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. There was no evidence that promise was ever put in writing.

Justice David Wecht, writing for a split court, said Cosby had relied on the former prosecutor’s decision not to charge him when the comedian later gave his potentially incriminating testimony in the Constand’s civil case.

The court 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.”

A Cosby spokesman did not immediately return a message seeking comment. Nor did a Steele representative, Constand or her lawyer.

The trial judge allowed five other accusers to testify at the trial about their experiences with Cosby in the 1980s to establish what prosecutors said was a pattern of behavior on his part.

The Pennsylvania Supreme Court justices voiced concern not just about sex assault cases, but what they saw as the judiciary’s increasing tendency to allow testimony that crosses the line into character attacks. The law allows the testimony only in limited cases, including to show a crime pattern so specific it serves to identify the perpetrator.

But the court declined to say whether five other accusers should have been allowed to testify, considering it moot given their ruling on Cosby’s claim that he should not have been prosecuted in the first place.

In New York, the judge presiding over last year’s trial of movie mogul Harvey Weinstein, whose case had sparked the explosion of the #MeToo movement in 2017, let four other accusers testify. Weinstein was convicted and sentenced to 23 years in prison. He is now facing separate charges in California.

In May, Cosby was denied paroled after refusing to participate in sex offender programs behind bars. He has long said he would resist the treatment programs and refuse to acknowledge wrongdoing even if it means serving the full 10-year sentence.

Prosecutors said Cosby repeatedly used his fame and “family man” persona to manipulate young women, holding himself out as a mentor before betraying them.

Cosby, a groundbreaking Black actor who grew up in public housing in Philadelphia, made a fortune estimated at $400 million during his 50 years in the entertainment industry. His trademark clean comedy fueled popular TV shows, books and standup acts.

He fell from favor in his later years as he lectured the Black community about family values, but was attempting a comeback when he was arrested.

The AP does not typically identify sexual assault victims without their permission, which Constand has granted.

It's also interesting they viewed the testimony from 5 other supposed victims, with no proof, as character assassination.
 

NeoGiffer

Member
Nov 29, 2018
1,616
5,702
470



It's also interesting they viewed the testimony from 5 other supposed victims, with no proof, as character assassination.

 

BeardGawd

Member
Dec 16, 2019
797
1,438
485

Looks like Bill might be in for some serious moolah in a lawsuit. The DA that pressed charges could potentially face charges himself?
 

StormCell

Member
Dec 11, 2018
3,121
3,279
550
Harvey Weinstein is frantically looking where he left his chequebook.

So he incriminated himself on the promise he won't go to jail, so then they now can't him to jail despite having other evidence that would warrant it. Sounds like the first judge fucked up big time and a rapist gets to walk free.

Was his testimony self-incriminating? The above only states that he gave a testimony that could have potentially been self-incriminating on the basis that there was a promise not to charge him. There is a legal difference.
 

Bladed Thesis

Member
Jun 7, 2019
2,539
6,272
510
Harvey Weinstein is frantically looking where he left his chequebook.

So he incriminated himself on the promise he won't go to jail, so then they now can't him to jail despite having other evidence that would warrant it. Sounds like the first judge fucked up big time and a rapist gets to walk free.
To insinuate it's a money thing is very sad to see. Especially since your next statement shows you clearly understand what happened. So why make it about money?

He only gave testimony in depositions for a civil case because he was promised he wouldn't face criminal charges. These statements were self-incriminating and wouldn't have been given if he wasn't promised immunity from criminal charges. His testimonies, given under the promise of no criminal charges, were used to charge him criminally.

In fact, the testimony was most of the hard evidence used against him due to the time between the case and the events occuring.
 

TrueLegend

Gold Member
Jun 7, 2021
527
1,199
610
Oh there will be many cases being overturned in supreme courts of many nations in this era. District Judges are complete dumbo now a days with hearsay trials and overcharging crimes which actually lets many criminal walk free.
 

IntentionalPun

Ask me about my wife's perfect butthole
Aug 28, 2019
8,961
16,490
660
He only gave testimony in depositions for a civil case because he was promised he wouldn't face criminal charges. These statements were self-incriminating and wouldn't have been given if he wasn't promised immunity from criminal charges. His testimonies, given under the promise of no criminal charges, were used to charge him criminally.
And you think a normal ass rapist would be offered immunity for rapity rape for admitting going on a rapetactular rape spree during a civil case?
 

Lanrutcon

Member
Feb 19, 2014
11,320
6,463
770
Irrelevant
Don't hate the player, hate the game.

So you can write your angry tweets at whoever made that initial promise.

Cosby is going to write a book and go on the talkshow circuit to make big bucks off this.
 
  • Like
Reactions: DanteFox

poppabk

Member
Jan 21, 2008
13,087
2,041
1,470
USA
To insinuate it's a money thing is very sad to see. Especially since your next statement shows you clearly understand what happened. So why make it about money?

He only gave testimony in depositions for a civil case because he was promised he wouldn't face criminal charges. These statements were self-incriminating and wouldn't have been given if he wasn't promised immunity from criminal charges. His testimonies, given under the promise of no criminal charges, were used to charge him criminally.

In fact, the testimony was most of the hard evidence used against him due to the time between the case and the events occuring.
If the OP is correct though, that promise was never in writing, and was made by a former DA. Seems kinda ridiculous that a pinky swear is sufficient and binding to get you out of a rape conviction in perpetuity. Maybe the new DA can stick a needle in the old DA's eye or something.
 

DragoonKain

Neighbours from Hell
Nov 13, 2013
7,949
16,752
1,335
sounds like the DA fucked up?
Yes.

Previous DA made an agreement with Cosby that they wouldn't prosecute him.

They goofed, and sadly, this is the criminal justice system working at its best even if the results in this particular instance are awful. It's there to protect the rights of the accused.

Can't make mistakes like this against highly priced defense teams.
 
Last edited:

BeardGawd

Member
Dec 16, 2019
797
1,438
485
And you think a normal ass rapist would be offered immunity for rapity rape for admitting going on a rapetactular rape spree during a civil case?
Have you read the deposition or just going off hearsay? It's interesting because he didn't admit to raping anyone. In the deposition he states everything including the drugs was consensual for both parties. But in today's climate the accusations plus him admitting to consensually taking drugs with women previously did him in.
 
  • Thoughtful
Reactions: Shaqazooloo

IntentionalPun

Ask me about my wife's perfect butthole
Aug 28, 2019
8,961
16,490
660
Have you read the deposition or just going off hearsay? It's interesting because he didn't admit to raping anyone. In the deposition he states everything including the drugs was consensual for both parties. But in today's climate the accusations plus him admitting to consensually taking drugs with women previously did him in.
I have read much of the deposition; he did not take any drugs BTW...
 

Lanrutcon

Member
Feb 19, 2014
11,320
6,463
770
Irrelevant
This dude flagrantly admitted to carrying around Quaaludes to hand out to young women who he brushed off as "I don't remember" for specific women who said they were too drugged up to consent lol

Why is it "good" to have him get out of jail?

It's good that the law was followed. Without laws, society disintegrates. Mob justice is a sign of an ill society.

It's bad that a man who is, most likely, a rapist got free.

When we agree to live by the law, we accept it as a whole. The real failure here was by the people representing the accusers, not the system.
 

Konnor

Member
Apr 29, 2021
128
254
230
I suspect a lot of these famous "twitter trials" the last few years will eventually be overturned given the lengths the justice system went to appease the mob. Cosby is probably guilty but I'm glad his conviction was overturned, when courts are under severe pressure to take shortcuts just to appease a bunch of morons then democracy is threatened. Let this be a warning.
 
Dec 29, 2018
5,153
15,347
765
Hollywood isn’t happy because he got caught. Oprah might do an interview.
Here she is sucking on serial rapist Harvey Weinstein’s earlobe. It’s good to have friends in high places.
Dude's got a monkey grip on the pussy with his right hand.
Proper filth are these people.

Bill's probably getting sloppy seconds.
 
Last edited:

Bladed Thesis

Member
Jun 7, 2019
2,539
6,272
510
If the OP is correct though, that promise was never in writing, and was made by a former DA. Seems kinda ridiculous that a pinky swear is sufficient and binding to get you out of a rape conviction in perpetuity. Maybe the new DA can stick a needle in the old DA's eye or something.
Somebody acting in their official position as a prosecutor offering immunity and later admitting under oath to offering that immunity from criminal charges carries weight.
 

Bladed Thesis

Member
Jun 7, 2019
2,539
6,272
510
And you think a normal ass rapist would be offered immunity for rapity rape for admitting going on a rapetactular rape spree during a civil case?
I'm not aware of what a "normal ass rapist" thinks. I do know that Cosby (who never admitted to rape and said it was consensual) admitted to hooking up and giving drugs to many women (consensual drug use according to him) for a civil case that the prosecutor at the time thought had zero chance of moving forward criminally and wanted some concessions civilly.
 

IntentionalPun

Ask me about my wife's perfect butthole
Aug 28, 2019
8,961
16,490
660
I'm not aware of what a "normal ass rapist" thinks. I do know that Cosby (who never admitted to rape and said it was consensual) admitted to hooking up and giving drugs to many women (consensual drug use according to him) for a civil case that the prosecutor at the time thought had zero chance of moving forward criminally and wanted some concessions civilly.
He actually said he couldn't remember if something was consensual in his deposition lol

Either way carrying around drugs that put people to sleep that you don't use, and babbling about how women never stopped him, and how that showed consent.. is pretty fucked up lol
 
Last edited:

Bladed Thesis

Member
Jun 7, 2019
2,539
6,272
510
He actually said he couldn't remember if something was consensual in his deposition lol

Either way carrying around drugs that put people to sleep that you don't use, and babbling about how women never stopped him, and how that showed consent.. is pretty fucked up lol
I agree and think he deserves as much as the law can hold his accountable for. I'm not excusing his behavior or actions.

In his deposition he says he remembers some of them specifically being consensual but cannot recall if all were consensual. He actually said that specifically some of the women in that civil case he knew were consensual. Was he lying? No way to know but I'd say probably. It's hard to judge. He knew what he was doing was wrong.
 

IntentionalPun

Ask me about my wife's perfect butthole
Aug 28, 2019
8,961
16,490
660
I agree and think he deserves as much as the law can hold his accountable for. I'm not excusing his behavior or actions.

In his deposition he says he remembers some of them specifically being consensual but cannot recall if all were consensual. He actually said that specifically some of the women in that civil case he knew were consensual. Was he lying? No way to know but I'd say probably. It's hard to judge. He knew what he was doing was wrong.
I dunno.. "can't recall if all weren't rape" is not something someone who hasn't raped, says lol Just a way to not admit to specific instances.
 
Last edited:
  • Like
Reactions: Dthomp

Bladed Thesis

Member
Jun 7, 2019
2,539
6,272
510
I dunno.. "can't recall if all weren't rape" is not something someone who hasn't raped, says lol Just a way to not admit to specific instances.
Again, not to excuse his behavior, but in depositions that's exactly what you do. Deposition training details all of that, including making uncertain statements. "I don't recall" or "I can't remember" are very common in a deposition.

Basically, in a deposition when asked a direct question about a specific event a lot of deposition trainers will tell you if you don't EXACTLY remember EVERYTHING that happned to answer "I don't remember/recall." You are literally responding to statements where your words are taken to be exactly as you state them.

Source, I am in the insurance industry, have been deposed several times and undergone deposition practice/training each time.
 

IntentionalPun

Ask me about my wife's perfect butthole
Aug 28, 2019
8,961
16,490
660
Again, not to excuse his behavior, but in depositions that's exactly what you do. Deposition training details all of that, including making uncertain statements. "I don't recall" or "I can't remember" are very common in a deposition.

Basically, in a deposition when asked a direct question about a specific event a lot of deposition trainers will tell you if you don't EXACTLY remember EVERYTHING that happned to answer "I don't remember/recall." You are literally responding to statements where your words are taken to be exactly as you state them.

Source, I am in the insurance industry, have been deposed several times and undergone deposition practice/training each time.
I mean.. I get it.. but it's also what you'd do if you were lying.

"I can't remember exactly how this event went down" isn't the same as "I can't remember if that woman consented".. the latter is more specific, and implies quite a bit.
 
  • Thoughtful
Reactions: Shaqazooloo
Jun 11, 2019
69
59
225
What? Rapist about to go free but at least people on a website will be upset!
Shrugs* and.. Yea he should rot in jail for the rest of his life but that's the American legal system, the meto movement put him in jail but it probably contributed to he's release as well, I won't be surprised if Harvey gets out.
Are you an Era member? I'm sorry if I offended you.
 

BeardGawd

Member
Dec 16, 2019
797
1,438
485
I dunno.. "can't recall if all weren't rape" is not something someone who hasn't raped, says lol Just a way to not admit to specific instances.
Nah. If he was trying to cover his ass he would have just lied and said he remembered. He was being truthful and for those specific instances (out of hundreds I'm sure) he couldn't remember the exact details from 30 years ago.

He actually didn't have to admit to anything during this deposition but was eerily truthful about a lot. He was a scumbag no doubt about it. He preyed on women that wanted money and\or fame. Even faked sympathy for one lady whose father had cancer. He admitted to being a womanizing scumbag not a rapist.
 

Panajev2001a

GAF's Pleasant Genius
Jun 7, 2004
19,441
13,774
2,110
This dude flagrantly admitted to carrying around Quaaludes to hand out to young women who he brushed off as "I don't remember" for specific women who said they were too drugged up to consent lol

Why is it "good" to have him get out of jail?
Because a good justice systems values a conduct and rules that keep itself honest and keeps innocent people not in jail a priority even though some criminals get to walk free. That is why there is presumption of innocence and the concept of double jeopardy.

The DA is to blame here, not the justice system or its laws.