Cosby To Be Set Free

[RiverDog]

This was a stunner:

The Pennsylvania Supreme Court has overturned Bill Cosby's sexual assault conviction on Wednesday, after Cosby has served just under three years of his three-to-10-year sentence, according to the AP. The court said it found an agreement with a previous prosecutor that prevents Cosby from being charged in the case.

https://www.msn.com/en-us/news/crime/bi ... uxbndlbing

I never heard about this part of his trial, that the damming testimony that sunk his case was given to another prosecutor with the understanding that it wouldn't be used against him.

[c_hawkbob]

I absolutely hate people getting off on technicalities. Adjudicate the case on the merits of the case, not on the relative performance of the defense team vs the prosecution team. This is supposed to be justice, not a damn sport.

[RiverDog]

I absolutely hate people getting off on technicalities. Adjudicate the case on the merits of the case, not on the relative performance of the defense team vs the prosecution team. This is supposed to be justice, not a damn sport.

Just playing Devil's Advocate here as I'm not necessarily disagreeing with you. I honestly don't know how to react as I can see both sides.

First of all, the most damaging evidence in Cosby's trial was his own admission of drugging women that he was pursuing for sex. If it is true that Cosby was under the impression that he was giving such testimony with the understanding that it would not be used against him in a criminal trial, then using it would be against his Constitutional rights against self incrimination. As despicable as his acts are, there is a rule of law that has to be followed. I don't see that as a "technicality". It's part of the Bill of Rights.

Secondly, Cosby's sentence was 3-10 years. He was sentenced in September of 2018, so he's already served nearly all of the minimum range, so it's hard to claim that he's "getting off". Plus there's the humiliation factor that isn't present with guys like you and me. Before the trial, he was one of the most respected, idolized figures in Hollywood. Now his name is chit. The overturning of his conviction won't change that.

Third, part of the rationale behind incarceration for crimes like sexual assault is the protection of the public from a menace. Cosby turns 84 in a couple of weeks and is not much of a threat to the public. There's not too many 84 year old active sexual predators out there.

On the flip side, even though Cosby has admitted to drugging women in order to have sex with them, he has never expressed even a hint of remorse for his actions, let alone apologize to any of his victims. A person like that doesn't deserve the benefit of the doubt.

[Aseahawkfan]

This case in particular is all so weird that I don't even know what to think of it.

I grew up watching The Cosby Show. It's very weird to imagine Bill Cosby doing this. Yet the evidence seems overwhelming. A very sad case for an American family icon.

[RiverDog]

This case in particular is all so weird that I don't even know what to think of it.

I grew up watching The Cosby Show. It's very weird to imagine Bill Cosby doing this. Yet the evidence seems overwhelming. A very sad case for an American family icon.

I can go back a lot further than that. I can vividly remember watching Bill Cosby and Robert Culp in the TV series "I Spy" back in the mid to late 60's. I can also remember my parents laughing their asses off at a long play album of Cosby's entitled "Why Is There Air?"

There's no doubt in my mind that Cosby did what he is accused of doing. The issue is a legal one, and it's not just some technicality. One of the core principles of our Constitution is that we are not subject to having to testify against ourselves. Cosby waived that right with the understanding that his testimony would not be used against him in a criminal proceeding. Without that testimony, it's unlikely that they would have gained a conviction.

What is strange is how or why that waiver didn't get put down in writing or why his lawyers didn't insist that it be documented and that they keep a record of it. But it's hard to conceive why an intelligent person like Cosby and his legal team would have allowed him to testify without such an understanding.

Also, if you want to talk about technicalities, the prosecution barely beat the statute of limitations in submitting that key part of evidence, and there were some very dubious anomalies during the trial itself. It really does smell, and I can understand why the PA supreme court threw it out.

[Aseahawkfan]

I can go back a lot further than that. I can vividly remember watching Bill Cosby and Robert Culp in the TV series "I Spy" back in the mid to late 60's. I can also remember my parents laughing their asses off at a long play album of Cosby's entitled "Why Is There Air?"

There's no doubt in my mind that Cosby did what he is accused of doing. The issue is a legal one, and it's not just some technicality. One of the core principles of our Constitution is that we are not subject to having to testify against ourselves. Cosby waived that right with the understanding that his testimony would not be used against him in a criminal proceeding. Without that testimony, it's unlikely that they would have gained a conviction.

What is strange is how or why that waiver didn't get put down in writing or why his lawyers didn't insist that it be documented and that they keep a record of it. But it's hard to conceive why an intelligent person like Cosby and his legal team would have allowed him to testify without such an understanding.

Also, if you want to talk about technicalities, the prosecution barely beat the statute of limitations in submitting that key part of evidence, and there were some very dubious anomalies during the trial itself. It really does smell, and I can understand why the PA supreme court threw it out.

These kinds of technicalities may happen when you are a pursuing a case for a political agenda rather than the facts of the case. Metoo# movement really pushed cases like this and I'm not surprised a prosecutor half-assed it and now a defense lawyer has taken advantage.

Might have more of this coming given how hard things like this have been pushed in various areas with the political agendas pushed the past 4 years.

[RiverDog]

These kinds of technicalities may happen when you are a pursuing a case for a political agenda rather than the facts of the case. Metoo# movement really pushed cases like this and I'm not surprised a prosecutor half-assed it and now a defense lawyer has taken advantage.

Might have more of this coming given how hard things like this have been pushed in various areas with the political agendas pushed the past 4 years.

Agreed, although as I stated, I do not consider using Cosby's own testimony against him was a "technicality".

I don't see a resolution to these types of cases involving sexual assault where there is very little, if any, physical evidence. We all know that Cosby did what he was accused of, indeed, he's admitted to some of the most despicable parts of those accusations. But how do you protect the next person that may be innocent of similar charges if you set a precedent by convicting Cosby?