Posted on 11/29/2021 1:51:56 PM PST by conservative98
Prosecutors asked the US Supreme Court to review the ruling that overturned Bill Cosby’s conviction, arguing in a petition Monday that a decision announced in a press release does not give a defendant lifetime immunity.
Prosecutors said the ruling could set a dangerous precedent if convictions are overturned over dubious closed-door deals. They have also complained that the chief judge of the state’s high court appeared to misstate key facts of the case when he discussed the court ruling that overturned Cosby’s conviction in a television interview.
“This decision as it stands will have far-reaching negative consequences beyond Montgomery County and Pennsylvania. The US Supreme Court can right what we believe is a grievous wrong,” Montgomery County District Attorney Kevin Steele wrote in the petition, which seeks a Supreme Court review under the due process clause of the US Constitution.
Cosby’s lawyers have long argued that he relied on a promise that he would never be charged when he gave damaging testimony in an accuser’s civil suit in 2006.
The admissions were later used against him in two criminal trials.
The only written evidence of such a promise is a 2005 press release from the then-prosecutor, Bruce Castor, who said he did not have enough evidence to arrest Cosby.
The release included an ambiguous “caution” that Castor “will reconsider this decision should the need arise.” The parties have since spent years debating what that meant.
Castor’s successors, who gathered new evidence and arrested Cosby in 2015, say it falls far short of a lifetime immunity agreement. They also doubt that Castor ever made such a deal. Instead, they say Cosby had strategic reasons to give the deposition rather than invoke his Fifth Amendment right to remain silent, even if it backfired when “he slipped up” in his rambling testimony.
(Excerpt) Read more at nypost.com ...
I HIGHLY doubt that SCOTUS will take the case, but these are strange time .... so ???
When you get immunity they can force you to testify. That part of self-incrimination is gone because they gave you immunity from prosecution. You cannot take the 5th because you cannot incriminate yourself anymore. They did that because they told Cosby they had no intention of ever charging him criminally because the evidence didn’t support it so they didn’t mind giving him immunity so he would have to ... HAVE TO ... testify in the civil cases. Then they said ‘surprise! You’re not immune after all! Thanks for all that testimony!’
A new DA came in and basically did just that. 'I never agreed to that deal and there is a lot of press attention now so it never happened' basically.
It was written. The DA signed off. Then a new DA came in and tore it up. This is the reason an appeals court let him out and he's not in jail today.
1. Why would a prosecutor give someone immunity to testify in a civil trial? I personally have never heard of that.
2. I assume Cosby would be represented by a competent attorney. Why wouldn't his attorney require the prosecutor provide a written and well-documented agreement to the immunity?
3. You say a witness can be forced to testify if they are given immunity. But criminal prosecution in one jurisdiction is not the only risk. He's already involved in a civil suit. Couldn't his statement they were trying to compel be used against him in different civil suits? How about criminal prosecutions in other jurisdictions, including federal? I am not an attorney, but it seems to me that this testimony would be worth fighting.
I was doing some more reading on the case. It seems like they are saying he was never granted immunity. Why did his lawyer let him testify?
Can’t understand why a state prosecutor would be involved in a civil case nor why said prosecutor would have anything to do, one way or the other, with immunity.
Civil cases are between private parties and are litigated by private attorneys.
“Cosby is a scumbag.”
No doubt about that. But as this whole thing unraveled, I couldn’t help but think the things we’re not supposed to think anymore. (And I’m female)
There are lots of things that could be said, but really it comes down to this -
What was any woman doing in the Playboy Club with Bill Cosby or any other married man? What did she think went on there???
I agree, you can’t give someone immunity and then cancel it after you got what you wanted.
Because it was originally sent to prosecutors for criminal charges but they dropped the charges due to lack of evidence. Shortly after a civil case was settled out of court where he made the statements that he drugged to women in order to assault them. Then criminal case happened. As the criminal case proceeded, the trial court — and an intermediate appeals court — found that no formal non-prosecution agreement ever existed. Yada, yada, yada.
The advantage to Cosby is that he wouldn’t have to spend decades in prison if he agreed to testify truthfully in the civil trial.
He would not have testified in the civil trial without immunity.
Cosby is a sleazeball, but his victims got the money they should have gotten. They got some justice. If not for the no-prosecution deal, they’d have to wait at least another 10 years to get paid, so I wouldn’t be too hard on the previous DA.
Testimony is mandatory in Civil cases. They did an end run.
The Supremes should take up the case and further castigate the very corrupt prosecution on the other issues the Pa Supremes ignored !!!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.