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After a Pennsylvania Supreme Court Ruling, Cosby is a Free Man

Published

4 years ago

July 2, 2021

Cosby Released From Prison . Photo Credit: https://www.limaohio.com/news/466377/bill-cosby-freed-from-prison

On June 30, 2021, the Pennsylvania Supreme Court passed down its decision on Cosby’s appeal.

As of July 1, 2021, Bill Cosby is officially a free man. The Pennsylvania Supreme Court decision passed down its ruling only a few months after the denial of Bill Cosby’s parole. At the time, the denial did not faze Cosby. He was aware that the denial rested on his failure to complete the requirements of his sentencing. Cosby’s refusal to go to counseling had prevented him from meeting the conditions of his parole, resulting in no release. He held out his optimism for the Supreme Court’s ruling on the appeal of his original verdict. He was not disappointed.

Why did the Pennsylvania Supreme Court make this ruling in the Cosby case?

A series of missteps in the original case became the basis for the ruling. According to the Supreme Court, Cosby’s case should have never gone to trial, a conclusion that makes the original conviction void. And legally Cosby is entirely free, even if this is not the case in the court of public opinion.

Here are a few facts on the missteps in Cosby’s Case.

Before appearing in court, Cosby and the DA made a deal under oath. If Cosby would agree to a sworn deposition to his involvement with the witness, then there would be no criminal filings brought against him. Course documents, however, reveal that prosecutors who picked up the case from the DA had something different in mind.

“DA Castor’s successors did not feel bound by his decision and decided to prosecute Cosby notwithstanding that prior undertaking,” these read.

The prosecution did not only file charges. It convicted Cosby too. The court also found him guilty on three counts of aggravated and indecent assault. His sentence required three to ten years’ imprisonment.

Cosby felt free from prosecution in giving his statement in the deposition. But the unsealing of the sworn deposition became a violation of his Fifth Amendment rights, causing him to unwillingly incriminate himself. And according to the Constitution,

“[n]o person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.”

The Pennsylvania Supreme Court’s current ruling indicates that, due to that deal, Cosby should have never seen trial, according to a source. A “non-prosecution agreement” with a previous prosecutor should have prevented this.

The final basis for the court’s decision relied on the testimony of six women altogether, including one who claims Cosby raped her.

The testimony of five other women served as support for claimant Andrea Constand’s case. Each woman gave corroborating experiences she also reports having with Cosby. The incidents they described, however, extended beyond the statute of limitations. Cosby’s lawyers made the argument to the Supreme Court that, by calling these five women as witnesses and using a sealed deposition, the courts had prejudiced the jury against Cosby. The Pennsylvania Court decision indicates an acknowledgment of the sealed deposition agreement. In other words, Cosby did not receive a fair trial, and so the court saw fit to overturn the original ruling.

The issue of Cosby’s innocence or guilt is another matter entirely.

PC: https://www.advocate.com/crime/2015/12/30/bill-cosby-charged-drugging-and-raping-lesbian-massage-therapist

Cosby did sign a deposition in 2005 about the circumstances surrounding Constand’s court filings. Excerpts of the deposition are damaging and could lead an observer to conclude that Cosby did engage in predatory behavior. As other sources indicate, however, Cosby does not admit outright to sexual assault in the deposition for this case. Cosby admits to giving women Quaaludes. He acknowledges that the purpose of Quaaludes, for him, was to give them to young women with whom he wished to “have sex.” He admits to having extramarital affairs. He even provides suspect details about his interactions with Constand. Yet there is no admission of guilt in the deposition.

According to case documents, Cosby admitted touching Constand’s breasts and vagina but insisted that she didn’t resist or tell him to stop. He told the investigators that he never removed his clothes and that Constand did not touch any part of his body under his clothes. Cosby denied having sexual intercourse with Constand and denied any intent to do so that night.

Even after his release yesterday, Cosby claims he is innocent.

Cosby Is Fully Free.

Cosby will no longer need to file as a sexual offender or have his name included on a registry. And he will not likely see another criminal trial. Trying him again would violate the Fifth Amendment in the vein of double jeopardy. The Fifth Amendment prevents anyone from being tried again on the exact same charges as before. “[N]or shall any person be subject for the same offense to be twice put in jeopardy of life or limb,” part of it reads.

That does not mean claimants cannot file civil charges. Charges can be filed in new claims where the statutes of limitations have not run out.

In conclusion, it is important to live in a country that has due process of law. The court of public opinion has a mind of its own. Whatever outlook we as individuals might have on Cosby’s innocence or guilt, those same due process protections are key in ensuring consistency and fairness within the legal system. We depend on the integrity of the justice system itself whether we agree or disagree with the verdicts it produces.

Renae Richardson|