# Bill Cosby Conviction Overturned: No retrial

**URL:** <https://boards.straightdope.com/t/bill-cosby-conviction-overturned-no-retrial/945342>\
**Category:** Miscellaneous and Personal Stuff I Must Share\
**Created:** [June 30, 2021, 5:18pm UTC](https://boards.straightdope.com/t/bill-cosby-conviction-overturned-no-retrial/945342 "2021-06-30T17:18:32Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [June 30, 2021, 5:18pm UTC](https://boards.straightdope.com/t/bill-cosby-conviction-overturned-no-retrial/945342/1 "2021-06-30T17:18:32Z")

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> **[Bill Cosby is released from prison after the Pa. Supreme Court overturns his...](https://www.inquirer.com/news/bill-cosby-conviction-overturned-appeal-andrea-constand-20210630.html)**
>
> The 83-year-old comedian has served more than two years of a three-to-10 year sentence in a state prison in Montgomery County.

I’m interested in reading the full opinion later when I get a chance. I would love to hear comments.

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**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\
**Post date:** [June 30, 2021, 5:26pm UTC](https://boards.straightdope.com/t/bill-cosby-conviction-overturned-no-retrial/945342/2 "2021-06-30T17:26:25Z")

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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.

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [June 30, 2021, 5:29pm UTC](https://boards.straightdope.com/t/bill-cosby-conviction-overturned-no-retrial/945342/3 "2021-06-30T17:29:05Z")

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Looks like a 4-3 decision if I can count correctly.

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**Author:** ![bordelond](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bordelond/32/150_2.png) [@bordelond](https://boards.straightdope.com/u/bordelond)\
**Post date:** [June 30, 2021, 5:29pm UTC](https://boards.straightdope.com/t/bill-cosby-conviction-overturned-no-retrial/945342/4 "2021-06-30T17:29:57Z")

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[From another board](https://saintsreport.com/threads/bill-cosby-update-pa-supreme-court-overturns-conviction.333827/post-8449178):

> … 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.

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**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\
**Post date:** [June 30, 2021, 5:31pm UTC](https://boards.straightdope.com/t/bill-cosby-conviction-overturned-no-retrial/945342/5 "2021-06-30T17:31:46Z")

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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.

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**Author:** ![QuickSilver](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quicksilver/32/7832_2.png) [@QuickSilver](https://boards.straightdope.com/u/QuickSilver)\
**Post date:** [June 30, 2021, 5:36pm UTC](https://boards.straightdope.com/t/bill-cosby-conviction-overturned-no-retrial/945342/6 "2021-06-30T17:36:18Z")

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Odd that the judge would find it admissible in 2019.

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**Author:** ![bordelond](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bordelond/32/150_2.png) [@bordelond](https://boards.straightdope.com/u/bordelond)\
**Post date:** [June 30, 2021, 5:41pm UTC](https://boards.straightdope.com/t/bill-cosby-conviction-overturned-no-retrial/945342/7 "2021-06-30T17:41:16Z")

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> [@QuickSilver](#):
>
> 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.

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**Author:** ![QuickSilver](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quicksilver/32/7832_2.png) [@QuickSilver](https://boards.straightdope.com/u/QuickSilver)\
**Post date:** [June 30, 2021, 5:44pm UTC](https://boards.straightdope.com/t/bill-cosby-conviction-overturned-no-retrial/945342/8 "2021-06-30T17:44:38Z")

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> [@bordelond](#):
>
> 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.

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [June 30, 2021, 6:18pm UTC](https://boards.straightdope.com/t/bill-cosby-conviction-overturned-no-retrial/945342/9 "2021-06-30T18:18:55Z")

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I’m surprised that something this fundamentally wrong with the system wasn’t immediately brought up by his lawyers at his criminal trial.

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**Author:** ![HMS\_Irruncible](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hms_irruncible/32/7394_2.png) [@HMS\_Irruncible](https://boards.straightdope.com/u/HMS_Irruncible)\
**Post date:** [June 30, 2021, 6:35pm UTC](https://boards.straightdope.com/t/bill-cosby-conviction-overturned-no-retrial/945342/10 "2021-06-30T18:35:50Z")

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No need to be surprised, [they did bring it up early and often.](https://www.nytimes.com/2016/01/13/arts/bill-cosbys-lawyers-say-binding-promise-in-2005-should-prevent-prosecution.html)

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.

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**Author:** ![Paul\_was\_in\_Saudi](https://avatars.discourse-cdn.com/v4/letter/p/b77776/32.png) [@Paul\_was\_in\_Saudi](https://boards.straightdope.com/u/Paul_was_in_Saudi)\
**Post date:** [June 30, 2021, 5:10pm UTC](https://boards.straightdope.com/t/bill-cosby-conviction-overturned-no-retrial/945342/11 "2021-06-30T17:10:54Z")

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[-=Linky=-](https://abcnews.go.com/US/bill-cosby-released-prison-conviction-vacated/story?id=78582000)

The guy is 80 something years old, legally blind and broke.

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**Author:** ![Love\_Rhombus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/love_rhombus/32/10694_2.png) [@Love\_Rhombus](https://boards.straightdope.com/u/Love_Rhombus)\
**Post date:** [June 30, 2021, 5:29pm UTC](https://boards.straightdope.com/t/bill-cosby-conviction-overturned-no-retrial/945342/12 "2021-06-30T17:29:36Z")

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> [@Paul\_was\_in\_Saudi](#):
>
> The guy is 80 something years old, legally blind and broke.

Are we playing “Bad News Good News?”

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**Author:** ![Paul\_was\_in\_Saudi](https://avatars.discourse-cdn.com/v4/letter/p/b77776/32.png) [@Paul\_was\_in\_Saudi](https://boards.straightdope.com/u/Paul_was_in_Saudi)\
**Post date:** [June 30, 2021, 5:36pm UTC](https://boards.straightdope.com/t/bill-cosby-conviction-overturned-no-retrial/945342/13 "2021-06-30T17:36:45Z")

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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.

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**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\
**Post date:** [June 30, 2021, 5:40pm UTC](https://boards.straightdope.com/t/bill-cosby-conviction-overturned-no-retrial/945342/14 "2021-06-30T17:40:02Z")

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> [@Paul\_was\_in\_Saudi](#):
>
> The guy is 80 something years old, legally blind and broke.

Is he really broke? If so, I’m surprised. I thought his fortune was in the hundreds of millions.

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**Author:** ![Stranger\_On\_A\_Train](https://avatars.discourse-cdn.com/v4/letter/s/13edae/32.png) [@Stranger\_On\_A\_Train](https://boards.straightdope.com/u/Stranger_On_A_Train)\
**Post date:** [June 30, 2021, 5:44pm UTC](https://boards.straightdope.com/t/bill-cosby-conviction-overturned-no-retrial/945342/15 "2021-06-30T17:44:33Z")

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> [@Paul\_was\_in\_Saudi](#):
>
> Seem he will be released by the end of the day and cannot be tried again.

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

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**Author:** ![rocking\_chair](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rocking_chair/32/2918_2.png) [@rocking\_chair](https://boards.straightdope.com/u/rocking_chair)\
**Post date:** [June 30, 2021, 5:47pm UTC](https://boards.straightdope.com/t/bill-cosby-conviction-overturned-no-retrial/945342/16 "2021-06-30T17:47:02Z")

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from a surface reading, the vacating is on a technicality.

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**Author:** ![Slithy\_Tove](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slithy_tove/32/18248_2.png) [@Slithy\_Tove](https://boards.straightdope.com/u/Slithy_Tove)\
**Post date:** [June 30, 2021, 5:58pm UTC](https://boards.straightdope.com/t/bill-cosby-conviction-overturned-no-retrial/945342/17 "2021-06-30T17:58:41Z")

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Oh, how we love a great comeback kid story

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [June 30, 2021, 6:07pm UTC](https://boards.straightdope.com/t/bill-cosby-conviction-overturned-no-retrial/945342/18 "2021-06-30T18:07:43Z")

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> [@rocking\_chair](#):
>
> from a surface reading, the vacating is on a technicality.

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 accordance with the advice his attorneys, Cosby relied upon D.A. Castor’s public announcement that he would not be prosecuted. His reliance was reasonable, and **it resulted in the deprivation of a fundamental constitutional right when he was compelled to furnished self-incriminating testimony**.

In your opinion, the Constitution is just a “technicality”?

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**Author:** ![rocking\_chair](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rocking_chair/32/2918_2.png) [@rocking\_chair](https://boards.straightdope.com/u/rocking_chair)\
**Post date:** [June 30, 2021, 6:14pm UTC](https://boards.straightdope.com/t/bill-cosby-conviction-overturned-no-retrial/945342/19 "2021-06-30T18:14:36Z")

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the public announcement was not in writing, and 2 other courts allowed it.

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**Author:** ![Esprise\_Me](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/esprise_me/32/2947_2.png) [@Esprise\_Me](https://boards.straightdope.com/u/Esprise_Me)\
**Post date:** [June 30, 2021, 6:15pm UTC](https://boards.straightdope.com/t/bill-cosby-conviction-overturned-no-retrial/945342/20 "2021-06-30T18:15:46Z")

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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.

[Next page](https://boards.straightdope.com/t/bill-cosby-conviction-overturned-no-retrial/945342.md?page=2)
