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I have little doubt that Bill Cosby is a serial sexual predator. I am normally unimpressed by ancient complaints, but there were simply too many of them, unknown to each other, and too similar.
That said, this was colossal prosecutorial overreach, and obvious. The case should not have been filed in the first place, and should have been tossed by the trial court before it got to trial.
Nonetheless, the decision is being deplored by all the Usual Suspects.
I wouldn't give you two cents for all your fancy rules if, behind them, they didn't have a little bit of plain, ordinary, everyday kindness - yeah, and a little looking out for the other fella, too.
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As soon as the trial court dismissed the claim of immunity, I thought the verdict was in trouble.
That’s the problem with giving immunity (and why there are so many processes and levels of review generally to obtain it). Also, it’s an area where most courts are going to construe any ambiguity against the government most of the time.
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In all seriousness, Cosby is a dirtbag. But; he also is entitled to due process, and so this outcome is for the best. Now, when’s his next trial in a different jurisdiction for a different instance of his deplorable behavior?
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Sic transit gloria mundi (so shut up and get back to work) -
Paraphrased from a Goodwin partner’s Facebook response:
The Court summed up its opinion in 5 lines, which reads, “when a prosecutor makes an unconditional promise of non-prosecution, and when the defendant relies upon that guarantee to the detriment of his constitutional right not to testify, the principle of fundamental fairness that undergirds due process of law in our criminal justice system demands that the promise be enforced.”This was not a finding that Cosby “didn’t do it.” Rather, the Court’s opinion was that the DA unequivocally told the world (including Bill Cosby) that he would not prosecute so that Cosby could not exercise his Fifth Amendment rights and be sued in a civil action. And Cosby then testified about all the creepy stuff he did. In four separate depositions. And when he tried to refuse to answer, a court required him to answer the questions.This does not mean Cosby stays free from the longer term. All it means is that his depositions can’t be used in whatever subsequent trial may come.So what is the outcome? Cosby cannot be prosecuted for this one crime because the DA promised he wouldn’t be prosecuted for the crime. As to everyone else, Cosby is still fair game and could be prosecuted so long as there are not other procedural defects.P.S. The DA who made this promise was one of the lawyers for Trump in the second impeachment case.
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