Bill Cosby released from prison

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demeus
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02 Jul 2021, 11:45 am

Daddy63 wrote:

It's interesting how the radicals now attack their own "me too" movement and embrace the law. All sides seem to do the same. When the law aligns with their worldview they embrace it. When the law doesn't align they criticize it typically without even proposing improvements. The world will be a lot better off when we stop trying to determine guilt or innocence of people based on skin color, gender, and religious beliefs and just focus on the law.

These efforts to stereotype races, religions and genders as things like criminals, privileged, lazy, fragile, guilty, innocent, toxic, oppressed, oppressors and on and on must be defeated. The Iowa bill and the many others must succeed.

The law must see all as equal without prejudices. Facts and evidence should be what matters.

If Cosby is determined innocent under the law, so be it. It will totally disgust me to see it happen as I clearly believe he drugged and raped lots of women but upholding the law is more important.

But how the evidence was obtained in important too. Otherwise the government could simply waterboard suspects until the got a confession. I remember my High School Civics teacher telling me that they system, if working properly, is designed to let the guilty walk rather than convict someone who is innocent. Now I am not naive to know that this ideal only works for those with resources to actually fight the government but that is the ideal of our system and in this case, it worked as designed.

demeus
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02 Jul 2021, 11:48 am

ironpony wrote:

But Cosby was still convicted temporarily though, and the conviction overturn was not a statute of limitations issues. It was a 5th ammendmant issue. So doesn't that mean that the statute of limitations were not up for Cosby either therefore?

If the conviction is overturned based on tainted evidence, the SOL clock starts at the initial filing of the case and continues on from there. In this case, that is over 3 years so if the Statute of Limitations ran out while Crosby was sitting in prison, they cannot retry the case.

The same works for a debt collector who files a civil case right as the statute of limitations is ending but is forced to dismiss the case because the debtor fought back and the creditor did not have the evidence needed to prove their case. The dismissal restarts the statute of limitation clock as if the case had never been filed and the statute of limitations ran out.

demeus
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02 Jul 2021, 11:49 am

VegetableMan wrote:

Let's just hope at 83, his dick is no longer functional.

He is blind so I am doubting he can even find the drink at this point without help.

ironpony
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02 Jul 2021, 12:09 pm

Oh okay, makes sense. So do the prosecutors and judge who were in Cosby's conviction trial, get into any trouble this? They technically allowed a man to spend two years in prison who was not legally proven guilty, and allowed tainted evidence to come through, causing that two year sentence, so is there any repercussions for them doing that?

I don't believe in Cosby's innocence at all, but since he is legally not proven guitly, and spend two years in prison, is there any repercussions on the court for that?

demeus
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02 Jul 2021, 12:18 pm

ironpony wrote:

The State of Pennsylvania will probably have to reimburse Crosby for his time in prison and his record is completely wiped out (as if he had never been convicted). As for the DA and the judge, I think they will face political repercussions rather and any real ones. Judges and DAs get it wrong all of the time, that is the reason for the higher courts.

A great example is Justice Neil Gorsuch. As a 10th circuit judge, he penned a decision allowing schools to provide a slightly more than de minimus education. His decision was overturned by an 8-0 decision of SCOTUS. He still became a justice in SCOTUS.

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02 Jul 2021, 12:22 pm

Well it's just in this case, they seemed to deliberately ignore the fact that evidence was tainted, so I thought they might face more repercussions, if it appears deliberate on their part.

demeus
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02 Jul 2021, 12:38 pm

ironpony wrote:

Well it's just in this case, they seemed to deliberately ignore the fact that evidence was tainted, so I thought they might face more repercussions, if it appears deliberate on their part.

I am sure there was a hearing on the agreement with the old DA and the public statements in court where each side presented their argument and the judge ruled. I am also sure there was a objection where again, each side presented their arguments and the judge rules.

Technically, even if it looks deliberate, if there is a question of law, that has to be decided by a higher court. That is the purpose of appeals courts is to answer those questions and in this case, the trial court judge ruled wrong. Some appeals cannot take place until a verdict is rendered because if the jury rules not guilty (which is different from innocent), then the defendant cannot be charged again which makes the appeal moot.

There will always be questions of law decided by the higher courts and the lower courts and DAs will be on the losing end of those questions sometimes. If there were more repercussions to that, it would be very had to bring most cases to court.

naturalplastic
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02 Jul 2021, 12:43 pm

ironpony wrote:

you're prolly right.

demeus
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02 Jul 2021, 1:06 pm

naturalplastic wrote:

ironpony wrote:

you're prolly right.

When a case is overturned like this, the statute of limitation clock starts up as if the case never occurred. This means that since the case was started 3 years ago, the statute of limitations restarts where it left off when the original case was filed. Therefore, if the time that has elapsed since the crime is more than the statute of limitations, then the statute of limitations has been hit and Crosby cannot be tried again.

Otherwise, if the DA wanted to extend the statute of limitations, they would simply file a case and drop the charges every so often and the statute of limitations could never be reached.

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02 Jul 2021, 7:53 pm

Summer_Twilight wrote:

I am still having a very hard time believing that Bill Cosby would sexually abuse all those women. For one thing, all I find it out that all the women seemed to come out at the last minute and accused him on media, instead of there being trials before the time they came out.

Yes during the trial and subsequent imprisonment the veracity of the various women coming forward has been questioned. Comparisons have been drawn with Brett Kavanaugh's infamous rape attempt against Dr Christine Blasey-Ford. I don't see how one man can be deemed to have integrity to be a supreme court judge (the highest legal position in the land) and the other a despicable rapist.

Dr Blasey-Ford's testimony (despite her background as a clinical psychologist) was deemed inadmissible yet Andrea Constandt and numerous other women accepted Dr Cosby's invitation to his room. There are elements to the stories that we are not privy too and perhaps we will never know.

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02 Jul 2021, 7:59 pm

ironpony wrote:

But Cosby was still convicted temporarily though, and the conviction overturn was not a statute of limitations issues. It was a 5th amendment issue. So doesn't that mean that the statute of limitations were not up for Cosby either therefore?

The expiration means that the prosecution can no longer file charges against Mr. Cosby for the crimes (allegedly) committed.

I am repeating myself, but if there had been any valid physical evidence to prove that (1) a crime had been committed, and (2) Mr. Cosby had committed the crime, he would still be in prison, and likely for the rest of his life.

The prosecution's case was doomed from the start.

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ezbzbfcg2
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02 Jul 2021, 7:59 pm

His incarceration was mostly political. They had almost nothing to go on, and rushed through the most recent complaint against him from almost a decade earlier, with the statute of limitations about to run out.

Miscarriage of justice.

funeralxempire
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02 Jul 2021, 8:02 pm

ezbzbfcg2 wrote:

He's still a rapist and a terrible human being even if he can't be held criminally liable.

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cyberdad
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02 Jul 2021, 8:03 pm

The cultural impact of Dr Cosby is being ignored.

Many in the African-American community are relieved (if not privately celebrating) his release.
https://edition.cnn.com/2021/07/01/ente ... index.html

Like Michael Jackson/R Kelly in music and Muhammed Ali/OJ Simpson/Kobe Bryant/Mike Tyson in sport, African Americans have seen these men as pillars in their cultural landscape, The accusations of sexual crime/violence against these men has been perceived (rightly or wrongly) as undermining the confidence African Americans have in their role models.

Many modern black entertainers have been inspired by Dr Cosby to enter their profession. Indeed even some white comedians have (prior to the trial) said Cosby was their inspiration. Even while in prison. Jerry Seinfeld was openly saying Cosby was his inspiration.

Cosby's role in the civil rights movement and in education of black people remains a legacy along with his body of work. The idea mainstream Americans can throw away his legacy or Michael Jackson's or Kobe Bryant is temporary. I am sure as time passes people will quietly go back to cable and laugh at Dr Huxtable again.

ezbzbfcg2
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02 Jul 2021, 8:04 pm

funeralxempire wrote:

He's still a rapist and a terrible human being even if he can't be held criminally liable.

I believe in innocence until proven guilty. Locking people up on hearsay is scary. Don't believe in slander, no matter how many people keep repeating it.

cyberdad
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02 Jul 2021, 8:05 pm

funeralxempire wrote:

ezbzbfcg2 wrote:

He's still a rapist and a terrible human being even if he can't be held criminally liable.

I seperate the art from the artist

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