Pennsylvania Supreme Court overturns the sex conviction of Bill Cosby and ordered his immediate release from prison
June 30, 2021
PHILADELPHIA (AGN.News) — The Bill Cosby case comes before the Pennsylvania Supreme Court. In a 79-page finding, the court overturns the sex conviction of Bill Cosby and released him from prison this morning.
In December 2015, the district attorney brought three Class II felony charges of aggravated indecent assault against Mr Cosby in Montgomery County, Pennsylvania. These charges were brought against him days before the 12-year statute of limitations was about to run out.
He was arrested in 2015 and charged with and found guilty of drugging and violating Temple University sports administrator Andrea Constand at his suburban Philadelphia home in 2004.
Mr Cosby goes on trial
In 2017, Mr Cosby was tried on the same charges, but the jury failed to reach a verdict. The prosecution called one accuser to testify who had a prior experience with Mr Cosby.
In the second 2018 trial, five women were brought in to testify about their experiences with Mr Cosby in the 1980s. He was convicted of aggravated indecent assault in the drugging and molesting of ex-basketball player Andrea Constand.
Mr Cosby was found guilty and fined $25,000 plus the cost of the prosecution, $43,611. He was then turned over to the Pennsylvania Department of Corrections to begin his three to ten year sentence.
What happened to Mr Cosby?
Cosby appealed his case to the Superior Court of Pennsylvania. His appeal was heard and in the end, was not in his favor. Since the verdict was subsequently upheld, he was granted an appeal by the Pennsylvania Supreme Court.
Cosby appealed his case to the Superior Court of Pennsylvania. On December 10, 2019, Cosby’s conviction was upheld by a unanimous three-judge panel in the Superior Court of Pennsylvania, the state’s intermediate appellate court.
In a 94-page opinion, the court held that the trial court had properly admitted the testimony of five of the nineteen women sought by prosecutors, determining that their testimony suggested a “distinct, signature pattern” in Cosby’s “unique sexual assault playbook.”
Since the verdict was subsequently upheld, Mr Cosby was granted an appeal by the Pennsylvania Supreme Court.
Broken promises by prosecution
A former District Attorney had promised not to charge Mr Cosby. The Pennsylvania Supreme Court said Wednesday that the current District Attorney Kevin Steele, who made the decision to arrest Cosby, was obligated to stand by his predecessor’s promise not to charge Mr Cosby and not commit a “process violation”.
The Supreme Court hears Mr Cosby’s case
On June 23, 2020, the Pennsylvania Supreme Court ruled Cosby would be able to appeal his sexual assault conviction based upon questions on testimony from a witness being more prejudicial than probative.
The Supreme Court said this witness-calling process tainted the trial because these five women brought into the proceedings had experiences that were unrelated to the case.
Pennsylvania’s highest court has found there was a “process violation” because Mr Cosby’s lawyers had made an agreement with a previous state prosecutor not to charge Mr Cosby.
The Pennsylvania Supreme Court, after much deliberation over time, in a 79 page finding, overturned Mr Cosby’s sex conviction and ordered his immediate release from state prison today, June 30, 2021.
Pennsylvania’s highest court threw out Bill Cosby’s sexual assault conviction and released him from prison Wednesday. The judges ruling states that the prosecutor who brought the case was bound by his predecessor’s agreement not to charge Cosby.
Additionally, the Supreme Court judges found it was not acceptable to hear testimony from the women who were not directly related to the case.
The Pennsylvania Supreme Court said, “There is only one remedy that can completely restore Cosby to the status quo ante. He must be discharged, and any future prosecution on these particular charges must be barred”, the 79-page finding reads.
The Judges also said, “We do not dispute that this remedy is both severe and rare. But it is warranted here.”
The Pennsylvania Supreme Court Judges, in their 79 page finding, did not say Mr Cosby was innocent of the charges. His guilt or innocence was not the bases for his release. The judges found there was a “process violation”.
Mr Cosby was released from prison
Mr Cosby, 83, had served just under three years of a three to ten-year sentence at a state prison near Philadelphia when he was released.
Per the Supreme Court’s order, Mr Cosby, 83, was released from prison due to a “process violation” by the prosecution but admitted their ruling was unusual.
Cosby was best known as “America’s Dad” in the long running television series The Cosby Show.
What has been the reaction?
Phylicia Rashad, who played his wife on The Cosby Show, in a now-deleted Tweet, wrote on Twitter: “A terrible wrong is being righted – a miscarriage of justice is corrected!”
Reaction to Rashad’s tweet has been swift universally called “insensitive”.
Howard University (Rashad’s current employer) wrote: “We will continue to advocate for survivors fully and support their right to be heard. Howard will stand with survivors and challenge systems that would deny them justice. We have full confidence that our faculty and school leadership will live up to this sacred commitment.”
Phylicia Rashad pens apology letter after tweeting in support of Bill Cosby.
Phylicia Rashad is apologizing to Howard University students and families after facing backlash for celebrating the release of Bill Cosby from prison earlier this week.
Rashad is an alumna of the historically Black university and is also the dean of the school’s college of fine arts.
She penned an apology letter, where she wrote that her comments “were not directed toward survivors of sexual assault and that she finds no excuse for such behavior. She also noted that she plans to participate in trainings to enforce related protocols at Howard and work to become a stronger ally to sexual assault survivors.”
On June 30, 2021 she wrote, “I fully support survivors of sexual assault coming forward. My post was in no way intended to be insensitive to their truth. Personally, I know from friends and family that such abuse has lifelong residual effects. My heartfelt wish is for healing.” — Phylicia Rashad (@PhyliciaRashad)
“It was very insensitive,” commented another person. “This is exactly why women don’t speak up about sexual assault. I’ve loved Mr. Cosby my whole life until this came to light. The laws don’t always apply to the rich.”
Andrea Constand, a Cosby accuser and a victim of sexual assault by Mr Cosby, for which he was convicted, and her lawyers wrote about this ending and called it “disappointing” and “of concern” because it might discourage future victims of sexual assault from speaking out.
Andrea Constand and her legal team also wrote, “Once again, we remain grateful to those women who came forward to tell their stories, to DA Kevin Steele and the excellent prosecutors who achieve a conviction at trial, despite the ultimate outcome which resulted from a procedural technicality, and we urge all victims to have their voices heard.”
On accuser made the point the he did not get off easy and was punished. “He served almost three years in prison”.
State prosecutor Kevin Steele said in a statement…
“My hope is that this decision will not dampen the reporting of sexual assaults by victims… We still believe that no one is above the law – including those who are rich, famous and powerful.”
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