Real Crime/Paranormal/Conspiracy Theories Book III

The Case Against Bill Cosby Part II

Vacated conviction

On June 30, 2021, the PennsylvaniaSupreme Court overturned Cosby's convictions. The decision statedthat, prior to testifying in the Constand case, Cosby had beenreliant on an unwritten promise that district attorney Bruce Castorhad made to not prosecute him. Specifically the ruling concluded thatCastor's decision to announce publicly that no prosecution would takeplace, "was made deliberately to induce the deprivation of afundamental right"—namely the right not toself-incriminate—thus facilitating a civil lawsuit with compelledtestimony, which was believed the victim's only realistic route tojustice. As with other prosecutor statements such as plea bargains,this statement was not subject to withdrawal once relied upon, eventhough it had not been framed as a formal declaration or offer. Thecourt also ruled that the conviction was based on "tainted"testimony, and barred a retrial of the case.

According to the ruling, written byJustice David Wecht, Cosby's 5th Amendment and 14th Amendment rightswere violated when he was tried a decade after then-DA Castor issueda press release, carried by multiple major media organizationsincluding CNN and MSNBC, unconditionally stating Cosby would not beprosecuted, with the specific intention to allow a civil court tocompel testimony from Cosby and deprive him of the Constitutionalright to remain silent so as not to incriminate himself. Cosby wassubsequently required to testify during a civil trial that he gaveQuaaludes to women before engaging in sexual intercourse, doing so,the majority held, under the belief that he would not be prosecutedover his testimony. There was no documentary evidence that anyagreement not to prosecute had been reached, but the majority heldthat Castor's statement was binding on any district attorney whosucceeded him and that Cosby should never have been tried, so itordered him released immediately. Cosby was promptly released thatday.

The decision was not unanimous.Justice Kevin Dougherty, joined by Chief Justice Max Baer, agreedwith the four-justice majority that Castor's agreement with Cosbynegated the conviction but felt that since the district attorney didnot have the statutory or constitutional power to make anon-prosecution agreement binding on his successors, the remedyshould have been limited to the suppression of Cosby's deposition inany retrial. Justice Thomas Saylor, dissenting in full, read Castor'spress release as simply a statement of what he did have the authorityto do: decline prosecution at that time, with the clear implicationthat he reserved the right to open a prosecution in the future shouldcircumstances change. Saylor did not find Castor's account of hisdecision-making credible and thus properly rejected by the trialcourt; he also accepted the trial court's finding that Cosby'sdecision to testify was not due to the unwritten agreement. He foundthe testimony of the non-victim witnesses to be more problematic, andwould have recommended a new trial with Cosby allowed to challengethat testimony as unduly prejudicial.

District Attorney Kevin Steele saidCosby was released "on a procedural issue that is irrelevantto the facts of the crime" and that he hoped that Cosby'srelease would not discourage crime victims from reporting sexualassaults because "no one is above the law — including thosewho are rich, famous and powerful." On the other hand,several criminal defense attorneys argued that the fundamentalConstitutional right to due process is more than a technicality.

Civil lawsuits against Cosby

As of November 13, 2015, there werenine lawsuits pending against Cosby. Huth and Goins were both suingthe actor for damages related to their alleged sexual assaults.Although the statute of limitations has run out for most otheraccusers to sue directly for their alleged assault, multiple accusershave filed defamation lawsuits claiming that Cosby had kept callingthem liars throughout 2014. Dickinson, Hill, Ruehli, and McKee havefiled individual lawsuits. Green, Serignese, Traitz, Bowman, Tarshis,Moritz, and Leslie are also involved in a combined lawsuit againstCosby. Most lawsuits that are active are currently on hold awaitingthe outcome of his criminal trial. Some are still allowed to filemotions and depose witnesses, with the exception of Cosby himself.However, most judges have indicated that a civil trial will not takeplace until after the criminal trial is held.