Bill Cosby charged w/aggravated Sexual Assault/other Rape Allegations *conviction vacated* *civil trial 2022 guilty* #6

[Leve]

"Due process is not a technicality". Quote from Bill Cosby. He is an idiot.

They violated his fifth amendment right. That is not a "technicality".

 

[Laughing]

View attachment 303455

Bringing forward the powerful image posted by SaguaroSpirit:

These women (and those who care about them) would likely have a different perspective.

jmho ymmv lrr

 

[CocoChanel]

They violated his fifth amendment right. That is not a "technicality".

I see that now.
In a similar hypothetical situation, if I had committed a crime, and agreed to truthfully testify about my involvement in it for a civil case, with a promise that cannot be found written anywhere except a press release from the prosecutor, that what I said in the deposition would NOT be used to incriminate me in a criminal case, even if I admitted to wrongdoing, it could play out like this:
- the civil trial might result in a legal decision against me, OR might result in my willingness to settle monetarily with the plaintiff.
- any further criminal proceedings against me could not use the admissions I made in the civil case.
- I might still be brought up on criminal charges, but only if it is within the statute of limitations for the specific crime I am accused of, AND those admissions I made in the civil case are not used in any criminal trial.
- Prosecutors might somehow forget/ignore the promise I was made to not use my statements that I swore under oath were fact, and bring them as evidence in the criminal proceeding, and my own attorneys might be unsuccessful at trial at raising vigorous objections against this.
- I could end up convicted of the criminal case and sentenced to prison in this ‘house of cards’ as it were.
- My legal team could continue to fight this and finally win the decision from the state Supreme Court that since the law as it is written was not followed, my conviction is overturned, and I can be released as soon as this determination is made.
- My supporters and I can then be very vocal about how “justice” is finally served because the law was not followed as it should be to convict me, even if I had admitted the wrongdoing during the civil case when I was promised it would not be used against me for a criminal case.
Hypothetical case closed.

My conclusion is what I have been told many times….
Justice and the law are sometimes very different things.

 

[Laughing]

I wonder how many of us can buy enough lawyer to arrange for a court to acknowledge and act upon an unwritten agreement with a former DA.

Rather, how few of us.

image from foundrybaltimore.com

jmho ymmv lrr

 

[IceIce9]

"Due process is not a technicality". Quote from Bill Cosby. He is an idiot.

Everyone is entitled to due process. Everyone accused with any crime from shoplifting to mass murder, and everything in between.

 

[MistyWaters]

I wonder how many of us can buy enough lawyer to arrange for a court to acknowledge and act upon an unwritten agreement with a former DA.

Rather, how few of us.

image from foundrybaltimore.com

jmho ymmv lrr

The former prosecutor testified to this agreement.

Agreement not to prosecute Bill Cosby leads to his freedom, exposes prosecution's missteps
“Bruce Castor Jr., the former district attorney of Montgomery County, Pennsylvania, has testified that he made the arrangement not to charge Cosby but to still get him to make sworn statements in the civil case because there was insufficient evidence at the time to bring forth a criminal prosecution….

……Legal experts say the latest turn of events will only lead some to lay the blame at prosecutors' feet: either on Castor — for cutting an arrangement with Cosby that he wouldn't be charged, an agreement that was never put in writing — or against his successors who used Cosby's past testimony against him and, whether they realized it or not, would violate his due process rights….”

 

[Luna20]

The former prosecutor testified to this agreement.

Agreement not to prosecute Bill Cosby leads to his freedom, exposes prosecution's missteps
“Bruce Castor Jr., the former district attorney of Montgomery County, Pennsylvania, has testified that he made the arrangement not to charge Cosby but to still get him to make sworn statements in the civil case because there was insufficient evidence at the time to bring forth a criminal prosecution….

……Legal experts say the latest turn of events will only lead some to lay the blame at prosecutors' feet: either on Castor — for cutting an arrangement with Cosby that he wouldn't be charged, an agreement that was never put in writing — or against his successors who used Cosby's past testimony against him and, whether they realized it or not, would violate his due process rights….”

I’m just curious. Anyone know of other noteworthy cases where this has also happened?

 

[MistyWaters]

It appears, even if the current Montgomery County district attorney was aware of the prior agreement, he took advantage of it as an election issue therefore he had no choice but to follow through.

“The backdrop of Castor’s testimony also loomed large at the time. Just a few months before, the former rising star in the Pennsylvania Republican Party had been trounced in his campaign to return as Montgomery County district attorney. The prosecutor who led the Cosby case, Kevin Steele, had run a series of brutal ads pointing to Castor’s decision not to prosecute Cosby…..
https://www.washingtonpost.com/politics/2021/02/01/bruce-castor-bill-cosby/

 

[mickey2942]

Everyone is entitled to due process. Everyone accused with any crime from shoplifting to mass murder, and everything in between.

But, it is not a "technicality". Due process is a right, same as appeals. Bill Cosby was convicted on evidence. The fact that his own testimony was used against him, is a fifth amendment issue.

The crux of the matter here, is that there was some sort of shady back alley deal? I don't know how BC is getting out, based on a "handshake deal" that was never actually written out. There is something really sketch about that.

 

[Luna20]

But, it is not a "technicality". Due process is a right, same as appeals. Bill Cosby was convicted on evidence. The fact that his own testimony was used against him, is a fifth amendment issue.

The crux of the matter here, is that there was some sort of shady back alley deal? I don't know how BC is getting out, based on a "handshake deal" that was never actually written out. There is something really sketch about that.

I agree, I can’t make sense of it. He admits wrongdoing-his own testimony but because of deal that was made he goes free??

ETA-if this is a way to get out of prison what prevents further deals like this being made in the future? Seems like an open door going forward…

 

[MistyWaters]

I agree, I can’t make sense of it. He admits wrongdoing-his own testimony but because of deal that was made he goes free??

ETA-if this is a way to get out of prison what prevents further deals like this being made in the future? Seems like an open door going forward…

I thought this article did a pretty good job of explaining the circumstances in terms of the law.

Op-Ed: The Pennsylvania court got it right in overturning Bill Cosby’s conviction
“…..It is easy in hindsight to question Castor’s decision in 2005 not to prosecute Cosby because of what he considered evidentiary difficulties in obtaining a conviction. Of course, had Castor not made that decision, Cosby would not have had to answer questions at his deposition, and perhaps without that testimony he would not have been convicted in his 2018 trial.

Perhaps, because of the #MeToo movement and the revelations of sexual assaults by prominent figures, especially in the entertainment industry, a prosecutor would come to a very different assessment today. But the unique facts of the Cosby case do not in any way reduce the ability of police and prosecutors to seek justice and accountability when famous people are accused of rape…….”

 

[LinasK]

But, it is not a "technicality". Due process is a right, same as appeals. Bill Cosby was convicted on evidence. The fact that his own testimony was used against him, is a fifth amendment issue.

The crux of the matter here, is that there was some sort of shady back alley deal? I don't know how BC is getting out, based on a "handshake deal" that was never actually written out. There is something really sketch about that.

I totally agree, and I know which DA I blame for this fiasco, and it isn't the 2nd one!

 

[LinasK]

IIRC, a similar deal was made with Jeffrey Epstein, according to one of his victims, who didn't even know the deal had been made. Castor has a history of questionable clients, IMO.

 

[LinasK]

He served three years, which is more than some thought he would.

Not nearly long enough!!! His victims got sentenced to a lifetime of trauma.

 

[Luna20]

He is repulsive.

Bill Cosby shares birthday message to his supporters following vigil protesting his prison release

 

[tara83]

Everyone is entitled to due process. Everyone accused with any crime from shoplifting to mass murder, and everything in between.

Too bad his victims didn't get that.

 

[mister happy]

If you have some time, listen to this interview of Nicki Weisensee Egan, a reporter who's been following the Cosby case since 2005: Bill Cosby, Free But Not Exonerated With Nicki Weisensee Egan

"In this special episode we go behind the scenes of the Pennsylvania Supreme Court's decision to release Cosby from prison. We discuss former DA Bruce Castor's claim of an alleged immunity deal for Cosby, made in secret between two powerful men and which was never signed off by a Judge."

IMO, Bruce Castor is a piece of work.

 

[The Handyman]

Lol, WebSleuths deleted one of my posts in this thread because it "misstated the purpose and philosophy" of the forum, or something.

Anyone getting mad about the Cosby case should take a look at THIS case: GUILTY - MO - Louis Gumpenerger, 33, disabled, murdered, O’Fallon, 16 Aug 2016 and spend a minute or two thinking about how much power we put in the hands of prosecutors.

By the way, that linked thread is only one small part of a much bigger and more elaborate plot that stretches 10 years and involves the murders of potentially 3 people. There's no dedicated Betsy Faria thread on Websleuths, but I highly encourage everyone to read about Pam Hupp, Betsy Faria, Russ Faria, etc., online. It's scary to think just how much power the police and prosecutors have. They went after an innocent man for no other reason than that he "fit" the part of the killer, in their eyes. He was a big, ugly, rough dude, so he should have been the bad guy, as far as they were concerned. And because of their refusal to investigate the case fairly, not only did one man have to live a nightmare for years, but one and possibly two other people ended up dying at the hands of the (most likely) real killer.

Personally, I'd like to see the sort of outrage that's directed at Cosby re-directed towards police and prosecutors who secure wrongful convictions on innocent people.

 

[Laughing]

@The Handyman , start a thread for the case you've introduced.

One MSM or LE link & we'll get to it.

We're Equal-Opportunity Outraged around here.

 

[LinasK]

Lol, WebSleuths deleted one of my posts in this thread because it "misstated the purpose and philosophy" of the forum, or something.

Anyone getting mad about the Cosby case should take a look at THIS case: GUILTY - MO - Louis Gumpenerger, 33, disabled, murdered, O’Fallon, 16 Aug 2016 and spend a minute or two thinking about how much power we put in the hands of prosecutors.

By the way, that linked thread is only one small part of a much bigger and more elaborate plot that stretches 10 years and involves the murders of potentially 3 people. There's no dedicated Betsy Faria thread on Websleuths, but I highly encourage everyone to read about Pam Hupp, Betsy Faria, Russ Faria, etc., online. It's scary to think just how much power the police and prosecutors have. They went after an innocent man for no other reason than that he "fit" the part of the killer, in their eyes. He was a big, ugly, rough dude, so he should have been the bad guy, as far as they were concerned. And because of their refusal to investigate the case fairly, not only did one man have to live a nightmare for years, but one and possibly two other people ended up dying at the hands of the (most likely) real killer.

Personally, I'd like to see the sort of outrage that's directed at Cosby re-directed towards police and prosecutors who secure wrongful convictions on innocent people.

The Faria case has nothing to do with Cosby. Yes Faria was wrongfully convicted because Pam Hupp pulled a fast one and they couldn't believe that a woman did it. I did follow that case on more than one crime show.