Pennsylvania State Supreme Court overturns conviction. Cosby was convicted of the 2004 sexual assault of ex-Temple University employee Andrea Constand in his mansion.
PHILADELPHIA (AP) — Pennsylvania’s highest court threw out Bill Cosby’s sexual assault conviction and opened the way for his immediate release from prison Wednesday in a stunning reversal of fortune for the comedian once known as “America’s Dad,” ruling that the prosecutor who brought the case was bound by his predecessor’s agreement not to charge Cosby.
Cosby, 83, has served more than two years of a three- to 10-year sentence after being found guilty of drugging and violating Temple University sports administrator Andrea Constand at his suburban Philadelphia home in 2004. He was the first celebrity tried and convicted in the #MeToo era.
Cosby was arrested in 2015, when a district attorney armed with newly unsealed evidence — the comic’s damaging deposition testimony in a lawsuit brought by Constand — brought charges against him days before the 12-year statute of limitations ran out.
But the Pennsylvania Supreme Court said that District Attorney Kevin Steele, who made the decision to arrest Cosby, was obligated to stand by his predecessor’s promise not to charge Cosby. There was no evidence that promise was ever put in writing.
Justice David Wecht, writing for a split court, said Cosby had relied on the former prosecutor’s decision not to charge him when the comedian later gave his potentially incriminating testimony in the Constand’s civil case.
The court said that overturning the conviction, and barring any further prosecution, “is the only remedy that comports with society’s reasonable expectations of its elected prosecutors and our criminal justice system.”
apnews.com/...
“The #MeToo movement and movements like them have intentional ignorance pertaining to the history of particular white women — not all white women — but particular white women, who have from the very beginning, pertaining to the enslavement of African people, accused black males of sexual assault without any proof whatsoever, no proof, anywhere on the face of the Earth,” Camille Cosby said.
pagesix.com/…
In Cosby’s deposition for the Constand case, revealed to the public just last week, the comedian admitted pursuing sex with young women with the aid of Quaaludes, which can render a person functionally immobile. “I used them,” he said, “the same as a person would say, ‘Have a drink.’ ” He asked a modeling agent to connect him with young women who were new in town and “financially not doing well.” In the deposition, Cosby seemed confident that his behavior did not constitute rape; he apparently saw little difference between buying someone dinner in pursuit of sex and drugging them to reach the same goal. As for consent, he said, “I think that I’m a pretty decent reader of people and their emotions in these romantic sexual things.” If these women agreed to meet up, his deposition suggested, he felt that he had a right to them. And part of what took the accusations against Cosby so long to surface is that this belief extended to many of the women themselves (as well as the staff and lawyers and friends and others who helped keep the incidents secret).
Months after his depositions, Cosby settled the case with Constand. The accusations quickly faded from the public’s memory, if they registered at all. No one wanted to believe the TV dad in a cardigan was capable of such things, and so they didn’t. The National Enquirer had planned to run a big story detailing one of the women’s accounts, but the magazine pulled it when Cosby agreed to give them a two-page exclusive telling his side (essentially that these were instances that had been “misinterpreted”). People ran a piece in which some of the Jane Does told their stories under their own names, bolstering Constand’s account, but Cosby’s career rolled on. In 2014 alone, there was a stand-up special, plans for a new family comedy on NBC, and a high-profile biography by Mark Whitaker that glossed over the accusations.
The group of women Cosby allegedly assaulted functions almost as a longitudinal study — both for how an individual woman, on her own, deals with such trauma over the decades and for how the culture at large has grappled with rape over the same time period. In the ’60s, when the first alleged assault by Cosby occurred, rape was considered to be something violent committed by a stranger; acquaintance rape didn’t register as such, even for the women experiencing it. A few of Cosby’s accusers claim that he molested or raped them multiple times; one remained in his orbit, in and out of a drugged state, for years. In the ’70s and ’80s, campus movements like Take Back the Night and “No Means No” helped raise awareness of the reality that 80 to 90 percent of victims know their attacker. Still, the culture of silence and shame lingered, especially when the men accused had any kind of status. The first assumption was that women who accused famous men were after money or attention. As Cosby allegedly told some of his victims: No one would believe you. So why speak up?
www.thecut.com/...