CNN Reporting this afternoon that Pennsylvania's state Supreme Court has overturned and vacated the sexual assault conviction of Bill Cosby, ordering his immediate release from state prison and barring the case from being prosecuted any further thanks to a previous 2005 plea deal with another prosecutor.
The Pennsylvania Supreme Court on Wednesday overturned Bill Cosby’s sex assault conviction, setting the stage for the release of the 83-year-old comedian later in the day.
The state’s highest court tossed Cosby’s conviction as a result of an agreement he had with a prior prosecutor that would have prevented Cosby from being criminally charged in the case. This new ruling bars any retrial in the case, court documents say.
Cosby is two years into a three-to-10-year prison term.
Cosby was accused of drugging and molesting Andrea Constand, the former Temple University employee whose allegation was the basis of the criminal case, at his estate in 2004. He was charged in 2015 for the alleged attack and arrested just days before the 12-year statute of limitations expired. He was sentenced in 2018.
A written agreement from the previous Montgomery County prosecutor, Bruce Castor, stated that he would not criminally prosecute Cosby in the Constand case. Castor testified that while he was district attorney, he promised not to file criminal charges against the comedian if Cosby would testify in a civil lawsuit that was filed by Constand in 2005.
Castor had determined that the prosecution would have trouble corroborating forensic evidence without Cosby confessing to the alleged charges.
“Seeking ‘some measure of justice’ for Constand, D.A. Castor decided that the Commonwealth would decline to prosecute Cosby for the incident involving Constand, thereby allowing Cosby to be forced to testify in a subsequent civil action, under penalty of perjury, without the benefit of his Fifth Amendment privilege against self-incrimination,” the court document said.
Cosby testified during four days of depositions by Constand’s attorneys and the civil suit was settled for more than $3 million in 2006.
Criminal charges that resulted in Cosby’s incarceration were brought in 2015 by Prosecutor Kevin Steele, who succeeded Castor as the county’s district attorney.
The supreme court’s opinion also disagreed with the trial court judge’s decision to let prosecutors call five other accusers in addition to Constand.
Originally, the trial judge had allowed just one other accuser to testify at Cosby’s first trial. However, after the jury deadlocked, the judge then allowed five other accusers to testify at Cosby’s retrial.
This testimony tainted the trial, the Pennsylvania Supreme Court said, even though the lower appeals court had found it appropriate to show a pattern of behavior.
Well, I mean again, I'm not a lawyer, and while I know plenty of them, I have to say "a 2005 plea deal by the same county that precluded future prosecution where Cosby was prosecuted and convicted" is...yeah, that's going to result in overturning on appeal, and like it or not, that's exactly what happened.
PS, the Montgomery County PA who cut the deal with Cosby? Bruce Castor? Went on to become PA AG?
He also went on to become Trump's impeachment lawyer during his second impeachment. You know, this chucklehead.
Rep. Raskin's opening impeachment trial statement: "Their argument is that if you commit an impeachable offense in your last few weeks in office, you do it with constitutional impunity." pic.twitter.com/lIrRiu36IF
— Aaron Rupar (@atrupar) February 9, 2021
Makes sense now, this does. Good job, Bruce!
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