After being found guilty in 2004 of drugging and violating Temple University’s sports administrator Andrea Constand, Cosby, now 83, served almost three years of a three to ten-year sentence. He was the first celebrity to be tried and convicted during the #MeToo era.
In 2015, the former “Cosby Show” star was arrested by a district attorney who had newly unsealed evidence — Constand’s damaging deposition in a lawsuit — to bring charges against him. This was days before the 12-year statute expired.
The Pennsylvania Supreme Court ruled Wednesday that Kevin Steele, the District Attorney who decided to arrest Cosby was bound to honor his predecessor’s promise to not charge him, even though there is no evidence to support that promise.
Justice David Wecht, who wrote for a split court, stated that Cosby relied on the decision of the former district attorney not to charge him when the comedian testified in Constand’s civil trial.
Cosby’s arrest was deemed “an affront against fundamental fairness,” especially when it leads to a criminal prosecution that has been evaded for more than a decade.
According to the justices, overturning the conviction and barring further prosecution “is the only way to meet society’s reasonable expectations regarding its elected prosecutors” and the criminal justice system.
Jennifer Bonjean, Cosby’s appeals lawyer, stated that Cosby shouldn’t have been prosecuted after he was released from suburban Montgomery County state prison.
She said that “District attorneys cannot change it simply because they have political motivation,” and added that Cosby is in good health, aside from being legally blind.
Steele stated that Cosby was freed “on a procedural matter that is irrelevant to facts of the crime” and that Constand’s coming forward “my hope is that this decision won’t dampen the reporting by victims of sexual assaults.” … We believe that everyone is subject to the law, even those who are famous or wealthy.
Constand and her lawyer didn’t immediately respond to messages seeking comment.
“FINALLY!!! “FINALLY!!!!
Amber Tamblyn, actor and founder of Time’s Up (an advocacy group for victims sexual assault victims), said in a tweet that she was furious to hear the news. “I know of women this man has drugged and raped unconscious. Shame on the court for this decision.
Cosby was sentenced by the trial judge as a sexually violent prey who cannot be safely out in the public and must report to authorities for the rest his life.
The majority of Supreme Court justices ruled in Cosby’s favor. Three others dissented either in whole or part.
Peter Goldberger, a Philadelphia-based lawyer who specializes in criminal appeals, stated that prosecutors could request reconsideration or reargument from the Pennsylvania Supreme Court, but it would not be possible.
Goldberger stated, “I cannot imagine that with such an extensive opinion, with a thoughtful concurring view and a thoughtful dissident opinion, that they could truly say that they made a simple error that would change their mind if they pointed it out.”
Although Cosby was only charged with assaulting Constand, the judge allowed five other accusers to testify at his trial that they were also victimized in the 1980s by Cosby. To establish a pattern of behavior by Cosby, the prosecution called them witnesses.
Cosby’s lawyers argued that the addition of five accusers was inappropriate.
The Pennsylvania Supreme Court did not address the issue, stating that it was irrelevant given the justices’ conclusion that Cosby shouldn’t have been prosecuted.
New York’s Harvey Weinstein trial judge, who was convicted in the case that led to the #MeToo movement, allowed four other accusers to testify. Weinstein was sentenced to 23-years in prison after being convicted.
Cosby refused to take part in the sex offender programs at his prison cell and was denied parole in May. He stated that he would not accept treatment programs and refuses to admit wrongdoing, even if it meant serving 10 years.
Prosecutors claimed that Cosby used his family’s fame and man image to manipulate young women. He also offered himself as a mentor, before betraying them.
The pioneering Black actor was raised in Philadelphia’s public housing and earned a fortune of $400 million over his 50-year career in entertainment. This included comedy albums, “I Spy,” and “The Cosby Show.”
Montgomery County District Attorney Bruce Castor (a suburban Philadelphia prosecutor) initially investigated Constand’s allegations. He considered the case flawed because Constand did not come forward for a year and continued to communicate with Cosby. Castor declined to pursue Constand and encouraged him to sue for damages.
Cosby was questioned under oath in the lawsuit. He said that he used to give quaaludes for women who he wanted to have sexual relations with. Constand eventually paid him $3.4 million.
The Associated Press requested that portions of the deposition be made public. This led to Cosby’s downfall. It opened the floodgates for accusations from other women, and ruined the comic’s career and reputation as a good guy. More than 60 women claimed that Cosby had violated their rights.
Constand granted permission for the AP to identify victims of sexual assault without their consent.
In the deposition, Cosby admitted to giving quaaludes a 19 year-old girl before having sex at a Las Vegas hotel back in 1976. Cosby called the encounter consensual.
The woman, Now 64-year-old Therese Serignese, stated Wednesday that the court’s decision “takes my breathe away.”
“I think it’s a miscarriage in justice. This is all about procedure. She said that it’s not about the truth for the women. She stated that she found comfort in the fact that Cosby was sentenced to nearly three years in prison.
