Bill Cosby to Be Freed as Court Overturns His Sex Assault Conviction
nytimes.com
nytimes.com
"The collective weight of these considerations led D.A. Castor to conclude that, unless Cosby confessed, “there was insufficient credible and admissible evidence upon which any charge against Mr. Cosby related to the Constand incident could be proven beyond a reasonable doubt.”
Seeking “some measure of justice” for Constand, D.A. Castor decided that the Commonwealth would decline to prosecute Cosby for the incident involving Constand, thereby allowing Cosby to be forced to testify in a subsequent civil action, under penalty of perjury, without the benefit of his Fifth Amendment privilege against self-incrimination.
Unable to invoke any right not to testify in the civil proceedings, Cosby relied upon the district attorney’s declination and proceeded to provide four sworn depositions. During those depositions, Cosby made several incriminating statements. D.A. Castor’s successors did not feel bound by his decision, and decided to prosecute Cosby notwithstanding that prior undertaking. The fruits of Cosby’s reliance upon D.A. Castor’s decisionCosby’s sworn inculpatory testimonywere then used by D.A. Castor’s successors against Cosby at Cosby’s criminal trial. We granted allowance of appeal to determine whether D.A. Castor’s decision not to prosecute Cosby in exchange for his testimony must be enforced against the Commonwealth.
...
When an unconditional charging decision is made publicly and with the intent to induce action and reliance by the defendant, and when the defendant does so to his detriment (and in some instances upon the advice of counsel), denying the defendant the benefit of that decision is an affront to fundamental fairness, particularly when it results in a criminal prosecution that was foregone for more than a decade. No mere changing of the guard strips that circumstance of its inequity."
https://www.pacourts.us/assets/opinions/Supreme/out/J-100-20...
If the DA lies they can (and will, as they've done in the past, one might add) imprison anyone with whatever excuse is most convenient. For political reasons, for suspicions, for whatever reasons.
<insert standard disclaimer>, but yeah, let the guy walk; and disbar the scumbag prosecutor while we're at it. Disbar if not for being a scumbag, but for being grossly incompetent if nothing else. IANAL, so maybe that's why I can't see how anyone involved thought this would end well.
Based on my not-a-lawyer experience, it is very likely that at every stage the prosecution team was going for exactly what they though they could prove in court at the time. They can't predict what evidence may come out in the future, and they can't predict how Judges will interpret the facts.
There were many victims. Not prosecuting one doesn't mean they can't for the others.
They reneged on the deal, and a conviction with a prison sentence was the result. I thought "scumbag" was the more polite option, frankly, but what word would you prefer? Not that I'll not stick with "scumbag", but I'm always open to new, perhaps more creative options.
Which innocent person are you talking about here?
I feel this captures the extent of what you're saying, unless we're making an implicit claim about "using the word innocent in this context has X,Y,Z societal side effects", etc etc
From the article:
In their 79-page opinion, the judges wrote that a “non-prosecution agreement” struck with a previous prosecutor meant that he should not have been charged in the case, and that Mr. Cosby should be discharged. They barred a retrial in the case.
In 2005, Mr. Cosby was investigated in the case of Ms. Constand, and a former district attorney of Montgomery County had given Mr. Cosby his assurance that he would not be charged in the case. The former district attorney, Bruce Castor Jr., has testified that while there was insufficient evidence to bring a criminal prosecution, he had given Mr. Cosby the assurance to encourage him to testify in a subsequent civil case brought by Ms. Constand.
In that testimony, Mr. Cosby acknowledged giving quaaludes to women he was pursuing for sex — evidence that played a key part in his trial after Mr. Castor’s successors reopened the case and charged Mr. Cosby in December 2015.
DA1 says "we won't prosecute, so what did you do?"
BC says "oh I did X, Y, and Z"
DA2 says "gottem! we're charging you for X, Y, and Z"
PA Supreme Court says "err, yeah you can't do that. you can leave BC"
Aren't you the one trying to change the law here by requiring corroborating evidence in all cases?