Bill Cosby conviction vacated, to be freed from prison

[crash_davis 23,113]

1 minute ago, Johnny Sack said:

If I was him and had his money, I would strongly consider spending the rest of my days in a non-extradition country.

Hate it that he turned out to be such trash.  Used to love his show as a kid.

Art: At least he wasn't a pedophile.

[Brew 3,049]

1 minute ago, Johnny Sack said:

If I was him and had his money, I would strongly consider spending the rest of my days in a non-extradition country.

Hate it that he turned out to be such trash.  Used to love his show as a kid.

Yep, trip straight to the airport out of the country with instructions on where to wire the funds. I can’t imagine he has more than a few days before he gets picked up again.

[HouTex 1,880]

If I was him and had his money, I would strongly consider spending the rest of my days in a non-extradition country.
Hate it that he turned out to be such trash.  Used to love his show as a kid.

I loved his albums as a kid (early 70’s). My grandmother had all of them and when she babysat me I played them over and over. They never got old.

[crash_davis 23,113]

Just now, HouTex said:

I loved his albums as a kid (early 70’s). My grandmother had all of them and when she babysat me I played them over and over. They never got old.

if you were a woman, they would lull you to sleep.

[Onboard 2.0 9,083]

3 minutes ago, Brew said:

Yep, trip straight to the airport out of the country with instructions on where to wire the funds. I can’t imagine he has more than a few days before he gets picked up again.

I'd bet he'll be met with a welcoming committee, and extradited to another jurisdiction the second he walks out of the prison door.

[Onboard 2.0 9,083]

2 minutes ago, HouTex said:

I loved his albums as a kid (early 70’s). My grandmother had all of them and when she babysat me I played them over and over. They never got old.

VOOBA VOOBA VOOBA.........  VIIIIIING.......   NOAH !!!!!!

[workswithseed 2,112]

1 hour ago, 4th&Five said:

I just can't understand why women hesitate to come forward when they're abused.

Don't want to be called racist.

[conVINCEd 21,469]

11 minutes ago, Brew said:

Yep, trip straight to the airport out of the country with instructions on where to wire the funds. I can’t imagine he has more than a few days before he gets picked up again.

Just took a look at the list.  Bali or one of the Eastern European countries for me.

[crash_davis 23,113]

2 minutes ago, conVINCEd said:

Just took a look at the list.  Bali or one of the Eastern European countries for me.

as a black man? Eastern Europe definitely would not be ideal.

[HouTex 1,880]

VOOBA VOOBA VOOBA.........  VIIIIIING.......   NOAH !!!!!!

How long can you tread water?

[conVINCEd 21,469]

1 minute ago, crash_davis said:

as a black man? Eastern Europe definitely would not be ideal.

I am not a black man, but you are probably right for Bill.

['stache 21,820]

19 minutes ago, Johnny Sack said:

If I was him and had his money, I would strongly consider spending the rest of my days in a non-extradition country.

Hate it that he turned out to be such trash.  Used to love his show as a kid.

Maybe dumb question amnesty. Why don't more rich people do then when facing charges? Like, why doesn't Donald Trump do that right now knowing that indictments are likely coming down soon (no cr, no comment on the charges, just an example of someone who knows charges are coming and could seemingly flee right now). It also seems that I read about white collar criminals turning themselves in peacefully. Why is it not more common for rich and famous people to just flee the second it seems they are going to face indictment?

[phdhorn 6,224]

57 minutes ago, Nice Guy Eddie said:

bust a deal, face the wheel.

No sympathy for Cosby but prosecutors should honor a deal, even if its the previous prosector's deal. Otherwise future deals become worthless. They probably had a case even if they didn't use Cosby's civil testimony.

This. Straight out of the constitution, citizens are supposed to have a fair trial. Even shitbags like Cosby. The trial wasn't fair. It was the right appeal decision.

As odious as he is, we lose that right, it's over.

 

That said, good luck, buddy. You're gonna to have to live the rest of your life in isolation.

[workswithseed 2,112]

1 minute ago, crash_davis said:

as a black man? Eastern Europe definitely would not be ideal.

What if you're also rich?

[crash_davis 23,113]

2 minutes ago, workswithseed said:

What if you're also rich?

Let me ask a question in return. 

Do racist white people in the South temper their racism to a rich black man versus a normal black man?

[workswithseed 2,112]

Just now, crash_davis said:

Let me ask a question in return. 

Do racist white people in the South temper their racism to a rich black man versus a normal black man?

They hate Turks, commies, and Nazis, so it doesn't surprise me if they don't like blacks.

[Trey3216 15,347]

2 minutes ago, crash_davis said:

Let me ask a question in return. 

Do racist white people in the South temper their racism to a rich black man versus a normal black man?

I've seen worse treatment of rich black men from poor black men than I have normal black man from racist white man.  

[Nivek 16,945]

1 hour ago, 4th&Five said:

I just can't understand why women hesitate to come forward when they're abused.

Because you are not a woman.  

I know a girl who was sexually assaulted by two boys in a classroom.   (they are all under 10).   Turns out the boys had done this before and since they were large donors to the private school, so allowed to return to school after 2 weeks of suspension for the boys.    How the women of the school and the police treated the victim and their parents was terrible.   

And yes, they will do it again.  

I believe Janice Dickinson tried to write a book about it and Cosby had it modified.   

Bill Clinton took advantage of Monica, and it crushed HER career opportunities and relationships.   

What good comes to the woman from going public with an accusation?  A little fame, some initial cash for interviews.  But then?

[Dr Fear 1,268]

35 minutes ago, Eastwood said:

The DA who prosecuted did so with a couple days to spare on the statute of limitations, so it looks like he wanted to charge Cosby but absent the depo testimony, just didn't have what he needed. So, he unseals the depo testimony at the 11th hour and proceeds. Looks like a Hail Mary play that would result in at least a perp walk and SOME jail time for Cosby regardless of the ultimate result.

This is a really good timeline....

https://abcnews.go.com/Entertainment/bill-cosby-trial-complete-timeline-happened-2004/story?id=47799458

Long story short, the dam breaks and the allegations start pouring in.  The DA that decided not to prosecute loses re-election.  Most of the allegations are barred from being prosecuted under the various state's state of limitations.   A few months before the election the civil suit transcripts are released to the public after the court found Cosby violated the non-disclosure agreement by defending himself in the media.  The new DA gets a charge in 12 days before the state of limitations runs in PA.  

 

[demos 3,004]

She turned off the comments but she still getting dragged in the quote tweets.

[workswithseed 2,112]

5 minutes ago, Nivek said:

Because you are not a woman.  

I know a girl who was sexually assaulted by two boys in a classroom.   (they are all under 10).   Turns out the boys had done this before and since they were large donors to the private school, so allowed to return to school after 2 weeks of suspension for the boys.    How the women of the school and the police treated the victim and their parents was terrible.   

And yes, they will do it again.  

I believe Janice Dickinson tried to write a book about it and Cosby had it modified.   

Bill Clinton took advantage of Monica, and it crushed HER career opportunities and relationships.   

What good comes to the woman from going public with an accusation?  A little fame, some initial cash for interviews.  But then?

I think you need to get your sarcasm meter checked.

[Brew 3,049]

21 minutes ago, crash_davis said:

as a black man? Eastern Europe definitely would not be ideal.

When compared to prison, it would be paradise.

[Wally Pryor 5,261]

9 minutes ago, demos said:

She turned off the comments but she still getting dragged in the quote tweets.

 

Dumb cunt. 

[jdhorn92 1,552]

1 hour ago, Brisketexan said:

From my quick read, it appears that:

1 -- the DA entered into some sort of non-prosecution agreement so as to deprive Bill of his ability to invoke the 5th if he was subjected to deposition in a civil case (you can't invoke your right against self-incrimination if the state has agreed that you can't be incriminated).

2 -- during the depos, Bill did not invoke the 5th, and testified truthfully that he was super-rapey.

3 -- the prosecutor's office reneged on the original non-prosecution deal and used Bill's depo testimony against him to secure a conviction.

4 -- the court of appeals said "nope, a deal's a deal, and Bill detrimentally relied on that deal, so you can't use that testimony against him."

 

What I don't quite get is why there can't be a re-trial, just not using that testimony?  I'm guessing that they are invoking the full deal of "you said you wouldn't prosecute at all, so you don't get to prosecute at all."

 

But, in the "not so fast" department....as I understand, they have multiple other credible accusers in OTHER jurisdictions who are NOT subject to any such non-prosecution deal.  If I was Bill, I'd keep my lawyer on retainer.

Thank you , but:

1) why would the judge in the criminal case allow the testimony in the first place 

2) why didn’t this come up prior to the criminal case?  Why would this not have prohibited the criminal trial in the first place 

[Augustus 3,061]

1 hour ago, Hugo Stiglitz said:

That’s the cover story and probably true but I don’t see any poor sex offenders getting out on prosecutorial incompetence. 

It happens.  Often.

It doesn't make the news.

[Brisketexan 105,158]

3 minutes ago, jdhorn92 said:

Thank you , but:

1) why would the judge in the criminal case allow the testimony in the first place 

2) why didn’t this come up prior to the criminal case?  Why would this not have prohibited the criminal trial in the first place 

All good questions.  I don't know, I'm not familiar with the full record.  I would expect there was an objection both to the prosecution as a whole and as to the evidence from the depos, in order to preserve error.  Those objections were denied by the trial court (maybe for political reasons -- trial judge didn't want to take the heat of letting Bill walk in the "me too" era, who knows?), and the court of appeals thought otherwise.

[Revolution512 1,489]

He’s turning out to be a wasted pick in my celebrity death pool. 

[purplepride95 6,890]

[Augustus 3,061]

"Mr. Polanski, there's a William H Cosby calling from America about the empty guest cottage."

I can't recall, but I'd thought I heard the statute of limitations had expired for any other assaults.

[Wally Pryor 5,261]

9 minutes ago, Revolution512 said:

He’s turning out to be a wasted pick in my celebrity death pool. 

 

Still holding out hope. 

[Sandman 3,403]

1 hour ago, T’Boo Ted Marshall said:

Had no idea Leonard Part 6 was that successful at the box office.  

I actually saw that in the theater. Just to reiterate something we've all said on here a million times: teenagers are stupid.

[Dr Fear 1,268]

8 minutes ago, Brisketexan said:

All good questions.  I don't know, I'm not familiar with the full record.  I would expect there was an objection both to the prosecution as a whole and as to the evidence from the depos, in order to preserve error.  Those objections were denied by the trial court (maybe for political reasons -- trial judge didn't want to take the heat of letting Bill walk in the "me too" era, who knows?), and the court of appeals thought otherwise.

From the opinion:

Cosby styled the petition as a “Petition for Writ of Habeas Corpus and Motion to Disqualify the Montgomery County District Attorney’s Office.” The trial court treated the omnibus motion as three separate motions: (1) a motion to dismiss the charges based upon the alleged non-prosecution agreement; (2) a motion to dismiss the charges based upon pre-arrest delay; and (3) a motion to disqualify the Montgomery County District Attorney’s Office.

 

[Xcalibur 546]

26 minutes ago, jdhorn92 said:

Thank you , but:

1) why would the judge in the criminal case allow the testimony in the first place 

2) why didn’t this come up prior to the criminal case?  Why would this not have prohibited the criminal trial in the first place 

1) Because, over objection, the original trial judge determined that the testimony given was in a separate judicial proceeding where he voluntarily gave such testimony.  Admission by party opponent: Cosby was not forced to incriminate himself by the government in a criminal matter, and thus the Fifth Amendment wasn't violated.

2) It definitely did come up.  At every stage. But the judge overruled these objections at every turn for reasons stated in (1) above.  When a judge overrules your objection, the trial proceeds and your only remedy is an appeal--which Cosby did, and he won on appeal.

Edited June 30, 2021 by Xcalibur

[crash_davis 23,113]

7 minutes ago, Dr Fear said:

From the opinion:

Cosby styled the petition as a “Petition for Writ of Habeas Corpus and Motion to Disqualify the Montgomery County District Attorney’s Office.” The trial court treated the omnibus motion as three separate motions: (1) a motion to dismiss the charges based upon the alleged non-prosecution agreement; (2) a motion to dismiss the charges based upon pre-arrest delay; and (3) a motion to disqualify the Montgomery County District Attorney’s Office.

 

[Dr Fear 1,268]

1 minute ago, crash_davis said:

Team Cosby fought hard to have the charges thrown out because of the "deal" with the former DA.  As Xcal pointed out out above, they lost and their only remedy was appeal which they won today.

[Underdog 28,711]

30 minutes ago, Wally Pryor said:

 

Dumb cunt. 

She's just upset that Michael Jordan gets more action from her husband Ahmad than she does.  

[Buzzrock 14,922]

Does anyone have the incriminating statements by Cosby from the civil trial?

He settled for $3+ million, which is peanuts vs his bet worth.

['stache 21,820]

39 minutes ago, jdhorn92 said:

Thank you , but:

1) why would the judge in the criminal case allow the testimony in the first place 

2) why didn’t this come up prior to the criminal case?  Why would this not have prohibited the criminal trial in the first place 

I don't practice criminal law, but it's my impression that trial judges give a lot of leeway to aggressive prosecutors because errors committed by the state can be addressed on appeal, whereas an acquittal cannot be appealed by the state. So if you improperly disallow the evidence, acquittal becomes more likely, and that cannot be appealed. Conversely, errors in allowing evidence on a close call can be corrected on appeal. I don't have any opinion whether this is right or wrong, but I think it explains why questionable evidence is usually admitted by a trial judge if its a close call.

Edited June 30, 2021 by 'stache

[NorthLoop 14,215]

2 hours ago, shadow_operative said:

 

 

Norm is a goddamned national treasure

[Wulaw Horn 19,116]

2 hours ago, Brisketexan said:

From my quick read, it appears that:

1 -- the DA entered into some sort of non-prosecution agreement so as to deprive Bill of his ability to invoke the 5th if he was subjected to deposition in a civil case (you can't invoke your right against self-incrimination if the state has agreed that you can't be incriminated).

2 -- during the depos, Bill did not invoke the 5th, and testified truthfully that he was super-rapey.

3 -- the prosecutor's office reneged on the original non-prosecution deal and used Bill's depo testimony against him to secure a conviction.

4 -- the court of appeals said "nope, a deal's a deal, and Bill detrimentally relied on that deal, so you can't use that testimony against him."

 

What I don't quite get is why there can't be a re-trial, just not using that testimony?  I'm guessing that they are invoking the full deal of "you said you wouldn't prosecute at all, so you don't get to prosecute at all."

 

But, in the "not so fast" department....as I understand, they have multiple other credible accusers in OTHER jurisdictions who are NOT subject to any such non-prosecution deal.  If I was Bill, I'd keep my lawyer on retainer.

I think almost everything that came out that brought other people forward would probably not have happened if not for the prosecution. Tho would be fruit from the poisoned tree in a search and seizure case, right?  The fact that the actions were so many years in the past and not reported would probably lead a court to determine that these victims were not independently going to come forward of not for  the publicity generated by the prosecution breaking the deal. 
While all decisions like this suck (a criminal getting a walk when he was guilty) the idea (and I’m not explaining this to your Brisket as you know it already but rather to the 3 non lawyers on this board) is that the societal interest in making sure that the authorities honor their word/stay inside the rules/engage in behavior that I as transparent or predictable is greater than societies interest in punishing this one guilty person. 
I’m guessing it was the more liberal judges that wrote the majority but I’m personally in favor of this decision because I think that balancing right in transparency of the system is more important than any one case. I think. 

[Wulaw Horn 19,116]

1 hour ago, Nivek said:

Because you are not a woman.  

I know a girl who was sexually assaulted by two boys in a classroom.   (they are all under 10).   Turns out the boys had done this before and since they were large donors to the private school, so allowed to return to school after 2 weeks of suspension for the boys.    How the women of the school and the police treated the victim and their parents was terrible.   

And yes, they will do it again.  

I believe Janice Dickinson tried to write a book about it and Cosby had it modified.   

Bill Clinton took advantage of Monica, and it crushed HER career opportunities and relationships.   

What good comes to the woman from going public with an accusation?  A little fame, some initial cash for interviews.  But then?

Your meter, it needs calibration. That was the point he was making in a tongue in cheek way. 

[Pods 7,586]

2 hours ago, Brisketexan said:

This is SO much more common than anyone would like to admit.

A rapey co-worker, a pedophile priest, all of those scenarios -- it's awful how often it's the case that when the dam breaks, it comes out that "oh yeah, everyone knew not to ever go into so-and-so's office alone," that sort of thing.  People being sexual abusers is one of those "open secrets" that culture has long allowed for.

Jack Horner

[Dr Fear 1,268]

4 minutes ago, Wulaw Horn said:

I think almost everything that came out that brought other people forward would probably not have happened if not for the prosecution. Tho would be fruit from the poisoned tree in a search and seizure case, right?  The fact that the actions were so many years in the past and not reported would probably lead a court to determine that these victims were not independently going to come forward of not for  the publicity generated by the prosecution breaking the deal. 
While all decisions like this suck (a criminal getting a walk when he was guilty) the idea (and I’m not explaining this to your Brisket as you know it already but rather to the 3 non lawyers on this board) is that the societal interest in making sure that the authorities honor their word/stay inside the rules/engage in behavior that I as transparent or predictable is greater than societies interest in punishing this one guilty person. 
I’m guessing it was the more liberal judges that wrote the majority but I’m personally in favor of this decision because I think that balancing right in transparency of the system is more important than any one case. I think. 

3 judge majority said Cosby relied on the DA to his detriment and the remedy is throwing everything out. Mundy was a vacancy appointed by D Governor. Todd & Donohue are elected D's. All 3 are female.

2 judge agreed that Cosby relied on the DA to his detriment, but said the remedy should be that the deposition can't be used in a re-trial. Dougherty and Baer are both male elected D's.

1 judge said there was no agreement with the DA, but then goes on to say they would have ruled for Cosby on having the 5 other accusers testify. Saylor is an elected male R.

 

Quote

Justices Todd, Donohue and Mundy join the opinion. Justice Dougherty files a concurring and dissenting opinion in which Chief Justice Baer joins. Justice Saylor files a dissenting opinion.

 

[CooterBrown 18,015]

If I was him and had his money, I would strongly consider spending the rest of my days in a non-extradition country.
Hate it that he turned out to be such trash.  Used to love his show as a kid.

My understanding is that most countries would still extradite you, they just don’t have a standing agreement to do so. They few that would refuse are like North Korea and a few other shitholes.

[South Austin 52,520]

Party in Waco tonight.

[Wulaw Horn 19,116]

21 minutes ago, Dr Fear said:

3 judge majority said Cosby relied on the DA to his detriment and the remedy is throwing everything out. Mundy was a vacancy appointed by D Governor. Todd & Donohue are elected D's. All 3 are female.

2 judge agreed that Cosby relied on the DA to his detriment, but said the remedy should be that the deposition can't be used in a re-trial. Dougherty and Baer are both male elected D's.

1 judge said there was no agreement with the DA, but then goes on to say they would have ruled for Cosby on having the 5 other accusers testify. Saylor is an elected male R.

 

 

Thanks. As with all cases on Surly I am siding with the left wing of the court because I’m a flaming liberal. I just don’t get the vibe the 5th circuit would have decided that case this way. 

[Deej 76,832]

1 hour ago, demos said:

She turned off the comments but she still getting dragged in the quote tweets.

Thanks for chiming in, Ghislaine...err...Phylicia.

[Eskimohorn 5,635]

Because you are not a woman.  
I know a girl who was sexually assaulted by two boys in a classroom.   (they are all under 10).   Turns out the boys had done this before and since they were large donors to the private school, so allowed to return to school after 2 weeks of suspension for the boys.    How the women of the school and the police treated the victim and their parents was terrible.   
And yes, they will do it again.  
I believe Janice Dickinson tried to write a book about it and Cosby had it modified.   
Bill Clinton took advantage of Monica, and it crushed HER career opportunities and relationships.   
What good comes to the woman from going public with an accusation?  A little fame, some initial cash for interviews.  But then?

Bill Clinton’s affair with Monica Lewinsky does not belong in this type of discussion. He had a consensual relationship with an adult who was elated to do “it” and wrote that she “was not a passive participant” as recently as 2014.

Clinton’s behavior with Lewinsky was unsavory, unethical and unprofessional, but not criminal (except for the lying part, maybe).

Lewinsky’s character assassination is on a whole other level. Nobody got it worse. A big part of it was her looks at the time. Had she been a smokeshow, she would not have been as much of a punchline and could have rolled with it. Also, had it been less consensual, she could have also deflected the public ridicule. She’s discriminated mercilessly because of her weight and did what plenty of women (see Vic Mackey) do without massive consequences.

But, because she was a little chubby, and was youngish without a voice, she was an easy target. She now claims Clinton should have known better (correct) and that gets lumped in with Bill Cosby drugging women. I dont get it.

Now Clinton’s unwanted sexual advances and other stuff…

[DaggerHorns 3,085]

[SurlyGator 865]

2 hours ago, Onboard 2.0 said:

VOOBA VOOBA VOOBA.........  VIIIIIING.......   NOAH !!!!!!

....Right.