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Tim_Tex
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30 Jun 2021, 1:06 pm

https://www.cbsnews.com/amp/news/bill-cosby-conviction-overturned-release-prison/


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30 Jun 2021, 3:14 pm

I read the article on why he was released:

https://www.nbcnews.com/news/us-news/bi ... a-n1272748

But I don't understand what it means or what the significance of it is exactly. Could someone help put it into more layman's terms for me?



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30 Jun 2021, 3:15 pm

Lack of material evidence, entrapment, and possibly coached "testimony" are what freed him.  His alleged victims should have reported the alleged assaults immediately, instead of waiting until there was no possibility of material evidence being collected.  Had any material evidence been presented in court, Mr. Cosby might still be in prison.


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ironpony
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30 Jun 2021, 3:20 pm

Oh okay, but isn't the evidence for the jury to decide, and a jury's decision cannot be overturned, since only the jury can decide if it had reasonable doubt or not? For example is a court allowed to overturn a jury's decision, just because they do think the jury was fair?



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30 Jun 2021, 3:25 pm

Do you ever start a post with anything other than "Oh okay, but..."?

Mr. Cosby's conviction was overturned by the Pennsylvania Supreme Court.  He is now a free man.

That is all that is important in this case.


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blazingstar
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30 Jun 2021, 6:05 pm

The article ironpony posted states that he was released based on a technicality. Some of Cosby’s statements in a pervious civil suit where he had no 5th amendment rights were used to convict him. The judge said he could be retried if those statements were left out.

Cosby made some incriminating statements in the civil suit because the criminal charges were dropped.


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30 Jun 2021, 6:19 pm

So ...previously they made a deal with Cosby by saying "go ahead and confess (testify to self incriminating things),
in this civil case and in return we wont use your confession against you in a future criminal case"? And then later they breached contract with him and went ahead and convicted him on these -his own self incriminating words in the criminal case?

Okay.



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30 Jun 2021, 6:42 pm

I hate that Cosby got off on a technicality. Mostly because I just hate rapists in general. I tend to believe people when they say they've been sexually assaulted. Chalk it up to growing up as the daughter of a sexual assault victim whose abuser never got prosecuted.

I have to say though, the prosecutors really messed up that trial if I'm understanding the legalese correctly. Yeah, the man deserves to be in prison, but for goodness sakes, do it by the books so he doesn't get off on a technicality!


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30 Jun 2021, 6:42 pm

The statute of limitations for the alleged crimes has run out.


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30 Jun 2021, 7:14 pm

^That's true, and I really wish there was no statute of limitations on sexual assault across the board in the US. The fact that an SOL exists for sexual assault in some states makes me nauseous. Thankfully my state is not one of them.


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cyberdad
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01 Jul 2021, 1:26 am

The prosector breached Cosby's 5th amendment right by coercing Cosby to testify when under the amendment he was not required to. People who defended Cosby thought it was strange why Cosby would choose to testify and it would appear he was tricked by the prosecution.

This does not absolve him of his likely culpability of the 50+ rapes but the prosecution acted inappropriately under Pennsylvania law.

I imagine Cosby has some unfinished business with certain comedians (Eddie Murphy and Dave Chappelle) who publicly humiliated him.



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01 Jul 2021, 1:48 am

cyberdad wrote:
I imagine Cosby has some unfinished business with certain comedians (Eddie Murphy and Dave Chappelle) who publicly humiliated him.


Does he really need a second beat-down? :nerdy:


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cyberdad
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01 Jul 2021, 1:49 am

Massive outpouring of support for Dr Cosby including his former costar Phylicia Rashad.



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01 Jul 2021, 1:51 am

funeralxempire wrote:
cyberdad wrote:
I imagine Cosby has some unfinished business with certain comedians (Eddie Murphy and Dave Chappelle) who publicly humiliated him.


Does he really need a second beat-down? :nerdy:


I think Chapelle was at least respectful at Dr Cosby's legacy whereas Eddie Murphy took a lot of cheap shots.

Both comedians have previously said Cosby was integral to their own careers (and probably to many other black celebrities).



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01 Jul 2021, 1:56 am

blazingstar wrote:
The article ironpony posted states that he was released based on a technicality. Some of Cosby’s statements in a pervious civil suit where he had no 5th amendment rights were used to convict him. The judge said he could be retried if those statements were left out.

Cosby made some incriminating statements in the civil suit because the criminal charges were dropped.


It wasn't a technicality. It was a serious violation of his right to due process.

The previous District Attorney saw nearly no chance of successfully prosecuting Crosby without Crosby's testimony. So instead, to get something out of it, he announced that they would not prosecute Crosby. With this, Crosby could not plead the 5th amendment in a deposition for a lawsuit with a victim.

Then, ten years later, a new District Attorney prosecuted Crosby in spite of the previous District Attorney's public statements that required Crosby to admit his crime and he used Crosby's admissions against him in trial and Crosby was convicted.

The Supreme Court of Pennsylvania came down hard against the District Attorney in their opinion. I didn't read the decision in detail, but from what I did read, it is very clear that the prosecutor is not permitted to try Crosby again on those charges. They flat out said that the prosecutor's statement that Crosby would not be prosecuted is binding on future prosecutors.

Unless I completely misunderstood the decision, there is zero chance that the prosecutor can prosecute Crosby again for that crime. They could possibly try him on other cases, but I think that the statute of limitations has expired.



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01 Jul 2021, 1:59 am

kokopelli wrote:
Unless I completely misunderstood the decision, there is zero chance that the prosecutor can prosecute Crosby again for that crime. They could possibly try him on other cases, but I think that the statute of limitations has expired.


Yes that's what NBC, ABC and Washington Post have all said...