On Wednesday, Bill Cosby had his conviction for sexual assault thrown out by the Pennsylvania Supreme Court.
The PA Supremes ruled that a prosecutor’s decades-old agreement should have shielded him from criminal charges.
This was the same court that helped Democrats cheat in the 2020 election by unconstitutionally extending the deadline for when mail-in ballots could be received by three days. They knew when they did it that they were violating Article I, Section 4 of the US Constitution that says that only a state legislature may create or change election laws.
Cosby, 83, the disgraced comedian, is preparing to walk out a free man from a Philadelphia area prison after serving more than two years of a three-to-ten-year prison sentence.
In the ruling, the PA Supreme Court found that an agreement with Bruce Castor, the then-Montgomery Country District Attorney, actually prevented Cosby from being charged for allegedly drugging and molesting Andrea Constand back in 2004. The court’s ruling was 79 pages long.
Just remember, this doesn’t mean Cosby didn’t do what he was originally convicted of doing. It’s the product of legal mumbo jumbo and as civilized human beings we will accept the court’s ruling without taking to the streets, rioting, and looting, taking over police precincts then setting them on fire, toppling statues, though I don’t know of any Cosby statues to topple, but you get the point.
Constand had originally reported the alleged incident back in 2015 to DA Castor who then decided he wasn’t going to pursue charges in the case.
The deal that was made, which lacks any evidence whatsoever was ever made because there is nothing in writing to be found anywhere, opened the door for Cosby to testify in Constand’s civil lawsuit. The testimony Cosby gave during the civil trial was damning and was in part used to help convict Cosby later on.
Kevin Steele, the guy who took over for Castor, is the one who in 2019 decided to file charges against Cosby, only days before the statute of limitations of 12 years expired.
During the criminal proceedings that came later, the judge allowed some testimony from the comedian’s deposition to be used against him. That testimony included Cosby admitting he used quaaludes during consensual sexual encounters with women in the 1970s (allegedly the “consensual” part was news to his victims).
The ruling made on Wednesday declared that the prosecution team was obligated to honor Castor’s agreement to not charge Cosby. If the “agreement” is found in writing then how was Steele obligated? Are we going to throw out contracts law too?
“When an unconditional charging decision is made publicly and with the intent to induce action and reliance by the defendant, and when the defendant does so to his detriment (and in some instances upon the advice of counsel), denying the defendant the benefit of that decision is an affront to fundamental fairness, particularly when it results in a criminal prosecution that was foregone for more than a decade,” the ruling said.
“For these reasons, Cosby’s convictions and judgment of sentence are vacated, and he is discharged.”
I wonder if he’ll sue the justice system after being released on a technicality over something he literally admitted to doing?
On top of overturning Cosby’s conviction, the court dismissed the case with prejudice, meaning it’s over and no retrials can occur, saying it is “the only remedy that comports with society’s reasonable expectations of its elected prosecutors and our criminal justice system.”
According to NBC News, state corrections authorities on Wednesday said the necessary paperwork for Cosby’s release was being processed but it is still unclear when he will be let out of prison.
“The Pennsylvania Department of Corrections is in receipt of today’s court decision,” a spokesperson told NBC. “Work is underway to complete the necessary paperwork, and Mr. Cosby will be released as soon as practical.”
Cosby, who was once a beloved figure in America, was convicted in 2018 at a retrial where five other accusers were allowed to testify about their similar experiences with the quaalude king back in the 80s.
The jury at his first trial became deadlocked when there was only one accuser who was allowed to testify.
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In a moment of bitterness, Cosby had refused to display any remorse over what he allegedly did with Constand saying that he would rather serve all ten years of his sentence. What a guy.
Rich is a conservative syndicated opinion writer and runs Maga-Chat.com. He writes about politics, culture, liberty, and faith.
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