Bill Cosby’s Sexual Conviction Overturned

[Chasing Embers]

It’s not over for Cosby.

From others no, but Constand is barred from seeking further prosecution as a result of the mishandling of her case.

 

[saltedplug]

You don’t suppose there could be other factors at play? It has to be racist judges and juries, nationwide? In every case?

As someone who has taught at an impoverished school, with mostly black students, for over fifteen years, I can tell you that the problem is far more complicated than you seem to believe.

I see old students of mine in the bookings literally every week, and I can tell you because I knew them personally, none of them were innocent. They were doing the same shit they got busted for when they were still considered juveniles. A shame, because they had potential, but they were a product of how they were raised, or more appropriately, how they weren’t raised. That’s the part of the problem no one wants to talk about. And of course, I’m only talking about the students of mine that have ended up in jail or dead, not everyone. But a comeback of the nuclear family would solve a lot of this, for all people. Most of the boys that I’ve taught had no positive male role models in their lives outside of school. That’s not an unimportant coincidence, man. If you really feel strongly about it, mentor some kids.

I agree that the matter is more complex. However, I am so appalled at the ugliness and depravity in the world that when moderately challenged I throw down the gauntlet, of money, power and influence, and in this case racism, that are never at an untarnished remove. Why bother to debate the particularities when the larger problems are sure to have been in play? The human heart is corrupt, and few know the way out, and fewer still are taking it.

 

[DAR]

So, the DA got paid under the table? I'm not seeing that.

Cosby admitted, in civil court, to his guilt and the aftermath of that is where the DA took the case to criminal court at a later date, denying Cosby his civil rights. The DA ignored the law. The first DA, not seeing a case, provided Cosby with legal protection for his testimony in the civil case. Justice might have been ill served but, in the end ... his constitutional rights, ours also withstood the challenge.

Apparently there was no case, criminal, to be successfully prosecuted unless Cosby forfieted his rights, which he didn't. So, the State of Pennsylvania, in the guise of the second DA, purposefully denied Cosby his rights under the law. So, more a case of the second DA going for a bit of fame, catering to the politics in vogue at the time, at the expense of a citizen's civil rights. Those rights are to protect all of us, guilty and innocent. We are all entitled to whatever "feelings" we have with the case but, I'm of the opinion that our "rights" trump "feelings", every time, all the time. So sometimes "bad" guys go free.

Most of the Supremes decisions which "handcuff" law enforcement are the direct result of DA's and cops depriving citizens of their "inalienable" rights. Miranda being one such case most of us are at least familiar with after watching TV cop shows. I believe it was one dumb or ill trained mid-west copper who caused that decision. But, I and the rest of the law enforcement community learned to live with it. The more cops lied to get warrants, the tougher getting warrants became.

My point was not the DA getting paid under the table.

Yes, everyone deserves a DA that is better than that but this was not about following the law as much as it was about being able to pay for justice instead of just 'someone to represent you in court'. OJ was a prime example. There are many criminals in prison that could have gotten off if they would have had "better representation" and you get better representation by paying for it.

BTW, 'stories' don't necessarily come from fiction. Some come from fact. I'm sure you know that disregarding 'stories' is a horrible mistake in law enforcement.

 

[Kilgore Trout]

We, the people, do! Hopefully the DA will be, at least, censured, at best disbarred. The result of his action means a guilty, self-admittedly, Cosby "got away with it" but, the right to not incriminate one's self is still intact, at least in Pennsylvania .. for the foreseeable future anyway. So, "we the people" win and the aggrieved/violated feel let down. But, the blame rests wtih the DA and no one else.

^^^ This

 

[Sweet Home Alabama]

From others no, but Constand is barred from seeking further prosecution as a result of the mishandling of her case.

Allred is talking.

 

[DAR]

It's pretty funny how we arrest for suspicion of a crime, spend months and months trying to prove either way and then let the person go for a reason that has absolutely nothing to do with the crime itself. The crime has still been committed. The victims are still victims. The criminal gets away with it smiling all the way back to his estate. No re-trial, no anything except for no justice...... It's been said before...... What a country!

 

[Kilgore Trout]

OJ was a prime example. There are many criminals in prison that could have gotten off if they would have had "better representation" and you get better representation by paying for it.

The OJ verdict is more an example of jury nullification than his money "buying" a better defense.

OJ Simpson Juror: Not-Guilty Verdict Was 'Payback' for Rodney King

Juror Carrie Bess tells "OJ: Made in America" that she was among "90 percent" of jurors seeking payback

www.thewrap.com

 

[Sweet Home Alabama]

It's pretty funny how we arrest for suspicion of a crime, spend months and months trying to prove either way and then let the person go for a reason that has absolutely nothing to do with the crime itself. The crime has still been committed. The victims are still victims. The criminal gets away with it smiling all the way back to his estate. No re-trial, no anything except for no justice...... It's been said before...... What a country!

I disagree. It shows the system works and holds those accountable who abuse the system. Would you prefer Cosby to have stayed in prison and the lawyer gotten a slap on the wrist?

 

[cosmicfolklore]

There is a greater justice worked into the fabric of humanity than just courts and jails. Sure, the validation of a conviction and punishment is rewarding on a superficial level for victims, but I trust in a higher power than courts and prisons. Some may not, and that’s very well…. but to quote Doc Watson, “we are all just passing through this land.”

 

[Kilgore Trout]

I disagree. It shows the system works and holds those accountable who abuse the system. Would you prefer Cosby to have stayed in prison and the lawyer gotten a slap on the wrist?

True. It's unfortunate that an admittedly guilty person is free, but upholding the Bill of Rights protects all of us.

 

[mawnansmiff]

It has always baffled me how in America you have this 'plea bargaining' thing. To me that makes a total nonsense of the law.

If the prosecution in any case has sufficient evidence that a person has committed a crime then let that person be put before a judge & jury. None of this "well we'll knock 10 years off if you admit to doing another crime" or "we'll give you a non custodial if you grass on your cohorts".

That's my 2p worth.

Regards,

Jay.

 

[ofafeather]

The legal system in the US is far from perfect and those with more resources are generally better protected. Innocent people are still sent to prison and guilty parties still get off for various reasons, most of which are designed to protect the innocent.

Civil cases have much less stringent burdens of proof than criminal cases and are often the recourse when a criminal case can not be prosecuted, as happened here. The DA knew they could not prosecute a criminal case and made the deal that opened the way for Cosby to be forced to testify in the civil case, which would not have happened if he was going to incriminate himself. Constand was paid a settlement from the civil suit, which she would have had to agree to. Maybe not an ideal resolution, but it’s something.

It should also be noted that Cosby did not confess to any acts of non-consensual sex. That is not to say he’s not guilty, only that he didn’t admit guilt as some have suggested.

 

[Sloopjohnbee]

I'm not a big Cosby fan - although I did watch the show in syndication
Nor am I Politically Correct and also abhor rape cases in perpetuity
After all these years do I think he did what they accused him of? - Yes
Should he have been let out- it depends on what was brought up in court
Do I think this is politically/socially motivated because of his skin color and the current state - Yes
Does that make me a discriminator - I would sure hope not

 

[ofafeather]

Plus, he actually served 3 years of his 3-10 sentence. It’s possible he might have been getting out this year anyway. At least he had 3 years in.

 

[cosmicfolklore]

It has always baffled me how in America you have this 'plea bargaining' thing. To me that makes a total nonsense of the law.

If the prosecution in any case has sufficient evidence that a person has committed a crime then let that person be put before a judge & jury. None of this "well we'll knock 10 years off if you admit to doing another crime" or "we'll give you a non custodial if you grass on your cohorts".

That's my 2p worth.

Regards,

Jay.

The prosecuting attorney sometimes know that they don’t have the evidence to win in court, so bargains can get some semblance of justice, while not risking losing in court, and someone getting away scott free, in the Court’s eyes.
They knew that the chances of winning a case against Cosby after so many years and only words, they made a deal in a civil case, where he only faced a financial punishment. But, then they broke their promises because of public pressures, and used his words against him from the civil case. 2 wrongs not making a right sorta thing.

 

[mso489]

I feel badly for the women who were involved, spending their lives and energy trying to get justice. There might be a head case or two who is just making claims, but sixty? Who'd want to be publicly associated with this? Who'd want to have relations with someone who's drugged? Bill needed treatment before he went down this road. I guess he went delusional when show biz made him a legend in his own mind. He had or has a great droll and wry sense of humor.

 

[Jaylotw]

It's less about Cosby's rights and more about upholding the principles of the court and due process.

“We hold that, when a prosecutor makes an unconditional promise of non-prosecution, and when the defendant relies upon that guarantee to the detriment of his constitutional right not to testify, the principle of fundamental fairness that undergirds due process of law in our criminal justice system demands that the promise be enforced,” wrote Justice David Norman Wecht.

I get that, and agree that not upholding that right could put others in jeopardy. What I don’t agree with is a guilty man being relieved of his sentence because of our weird and twisted justice system. I know it works well some, or most of the time, but this all just seems like a huge play on the rules and a perversion of the way things should work…not just, I guess. It’s not like he made a plea deal to turn in a drug kingpin, or a mob boss, or supplied information that solved a problem. He made a plea deal to save his own guilty ass and nothing else.

I feel badly for the women who were involved, spending their lives and energy trying to get justice. There might be a head case or two who is just making claims, but sixty? Who'd want to be publicly associated with this? Who'd want to have relations with someone who's drugged? Bill needed treatment before he went down this road. I guess he went delusional when show biz made him a legend in his own mind. He had or has a great droll and wry sense of humor.

I live with a victim of a drug and rape. It was her boss. It took her four years to tell me, even though we were together when it happened. Why? Because of shame, guilt, fear of repercussions at work (it was her boss). It wasn’t until other women came forward that she felt comfortable enough to tell others. The guy got fired for other reasons, but because no one called the cops immediately, and no one wants the trouble of a civil case, the guy is walking free. It disgusts me. It’s not usually delusions driving it, it’s wanting power over others (my girlfriend was slated to become her attacker’s superior) and Cosby was no different. Fame and Fortune are enough to net you any woman (or man) you desire. Drugging and raping are what low life cowards resort to, in order to feel power over another.

I don’t necessarily believe in Hell, but I really want to believe people who drug and attack women go there. And get pineapples shoved up their ass for all eternity.

 

[Chasing Embers]

What I don’t agree with is a guilty man being relieved of his sentence because of our weird and twisted justice system

No matter how perfect a law, a loophole always exists.

 

[Jaylotw]

No matter how perfect a law, a loophole always exists.

This is true. It doesn’t mean we can’t tighten those loopholes up, though.

 

[Chasing Embers]

This is true. It doesn’t mean we can’t tighten those loopholes up, though.

While true, tightening a knot makes other sections of the rope looser.