Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

Bill Cosby prosecutors ask US Supreme Court to review case
NY Post ^ | November 29, 2021 4:13pm

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 ...


TOPICS: Chit/Chat
KEYWORDS: brucecastor; cosby; kevinsteele; montgomerycounty; newyork; newyorkcity; newyorkcompost; newyorkpost; pennsylvania; rapist
Navigation: use the links below to view more comments.
first previous 1-2021-32 last
To: conservative98

I HIGHLY doubt that SCOTUS will take the case, but these are strange time .... so ???


21 posted on 11/29/2021 3:02:06 PM PST by taxcontrol (The choice is clear - either live as a slave on your knees or die as a free citizen on your feet.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: nickcarraway

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!’


22 posted on 11/29/2021 3:29:15 PM PST by pepsi_junkie (Often wrong, but never in doubt!)
[ Post Reply | Private Reply | To 11 | View Replies]

To: DannyTN
It sounds like the prosecution is saying it never happened.

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.

23 posted on 11/29/2021 3:30:45 PM PST by pepsi_junkie (Often wrong, but never in doubt!)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Seruzawa
If it isn’t written it isn’t true. I can’t imagine a verbal immunity agreement would have been accepted by Cosby’s legal team

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.

24 posted on 11/29/2021 3:32:49 PM PST by pepsi_junkie (Often wrong, but never in doubt!)
[ Post Reply | Private Reply | To 6 | View Replies]

To: pepsi_junkie
That brings up a number of points:

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.

25 posted on 11/29/2021 3:43:04 PM PST by nickcarraway
[ Post Reply | Private Reply | To 22 | View Replies]

To: pepsi_junkie

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?


26 posted on 11/29/2021 3:46:39 PM PST by nickcarraway
[ Post Reply | Private Reply | To 22 | View Replies]

To: conservative98

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.


27 posted on 11/29/2021 4:03:47 PM PST by krogers58
[ Post Reply | Private Reply | To 1 | View Replies]

To: pepsi_junkie

“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???


28 posted on 11/29/2021 4:30:37 PM PST by smalltownslick (a)
[ Post Reply | Private Reply | To 4 | View Replies]

To: pepsi_junkie

I agree, you can’t give someone immunity and then cancel it after you got what you wanted.


29 posted on 11/29/2021 4:38:07 PM PST by JoeRender
[ Post Reply | Private Reply | To 4 | View Replies]

To: krogers58

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.


30 posted on 11/29/2021 4:54:48 PM PST by conservative98
[ Post Reply | Private Reply | To 27 | View Replies]

To: nickcarraway

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.


31 posted on 11/29/2021 5:43:30 PM PST by WASCWatch ( WASC)
[ Post Reply | Private Reply | To 11 | View Replies]

To: nickcarraway

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 !!!


32 posted on 11/30/2021 3:54:19 AM PST by Pikachu_Dad ("the media are selling you a line of soap)
[ Post Reply | Private Reply | To 11 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-32 last

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.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson