I’m interested in reading the full opinion later when I get a chance. I would love to hear comments.
I’d have to see the full text of the opinion, the brief summary I’ve seen suggests that the prosecutors erred in bringing charges after a previous prosecutor had already told him he would not be charged–thus leading him to make incriminating statements he would not have otherwise made. Without knowing any further details and having not read the opinion, it would seem the court ruled appropriately.
Looks like a 4-3 decision if I can count correctly.
… it seems [prosecutors] notified Cosby’s attorneys that they didn’t intend to prosecute criminally so he couldn’t take the 5th at his civil trial. Then they used that testimony when a later DA decided to prosecute him [at his criminal trial]. If that’s the basis for the decision … it seems reasonable.
IIRC Cosby’s lawyers were assured he could give the deposition without prosecution.
New DA says screw that.
If they pull that on Cosby they can do it to me or you. A agreement with a DA and your attorney needs to have validity.
Nevertheless, Cosby served several years hard time. He got punishment for his crimes.
Odd that the judge would find it admissible in 2019.
I remember some observers making that same point back then. I think the prevailing opinion was that Cosby’s acts were so heinous, it served a greater good if prosecutors cut a corner to make the conviction more likely.
I understand the motivation to convict. Cosby is a serial predator. Just surprised the court didn’t enforce the deal made with the previous DA. But IANAL. I’m sure someone will come along to explain.
I’m surprised that something this fundamentally wrong with the system wasn’t immediately brought up by his lawyers at his criminal trial.
No need to be surprised, they did bring it up early and often.
Cosby is scum, IMO, but this is 100% on the prosecutor. I would rather see a serial rapist walk free than see a misbehaving prosecutor escape sanction and embarrassment for abusing their office in this way.
The guy is 80 something years old, legally blind and broke.
Are we playing “Bad News Good News?”
Honestly, I am just waiting to see which thread will be anointed and the official one. Seem he will be released by the end of the day and cannot be tried again.
Is he really broke? If so, I’m surprised. I thought his fortune was in the hundreds of millions.
Ah, the Ollie North Defense.
As far as the ruling, he cannot be tried for that particular offense again (maybe). Of course, if many of the other allegations are true, he could potentially be tried in other jurisdictions although for most of the alleged offenses they are likely outside the statute of limitations. And, of course, none of the facilitators who knowingly and willingly enabled Cosby’s decades-long spree of sexual assault have been held to account.
Stranger
from a surface reading, the vacating is on a technicality.
Oh, how we love a great comeback kid story
The “technicality” being a breach of his constitutional rights to due process and the right to remain silent, protected by the 5th and 14th amendments.
See p. 71 of the majority decision:
In your opinion, the Constitution is just a “technicality”?
the public announcement was not in writing, and 2 other courts allowed it.
Ugh. I hate that he’s out. But I can’t abide what the prosecutor did either. You don’t get to cut a deal like that and renege when you’ve gotten what you want. Overturning the conviction was the right decision.
I’m so sick of police and prosecutors acting like turds. Innocent people suffer their abuses while the bad guys skate. It’s lose-lose.