Thursday, December 31, 2015

Bill Cosby 2016 Trial of Decade? ~by Legal Pub

Image source: Cheltenham Township Police Department                                                                                       
Consensual drugs and sex vs. rape?  While the issues can be defined, resolution can be as clear as the  mixture of Quaaludes and expensive wine.  Furthermore, you can bet your collectors edition of the Bill Cosby Show that Cosby won't take this criminal prosecution lying down.  Cosby, who is out on bail is ready to fight. The 78-year old comedian is charged with sexual assault that allegedly occurred more than ten years ago.  Cosby admitted that he had sexual contact with Andrea Costand in 2004; however, he claims it was all consensual. But Constand continues to alleged that Cosby invited him into his Philadelphia home, drugged her and forced himself on her.  The former Temple women's basketball team director of operations, reported the alleged assault in 2005.   Probable-cause affidavit.

Cosby allegedly offered her career advice and introduced her to influential people in order to help her advance her career.  At some point, Cosby allegedly invited Costand to his home for dinner.  She claims that "without warning" Cosby reached out and touched her pants, waist and inner thigh. At first blush it is hard to envision the now 78-year old Cosby moving quickly or having to force anyone to have sex with him. The allegations go on to claim that Cosby provided pills and wine and that Costand became dizzy and later frozen (suggesting partial paralysis.)

Cosby plead not guilty to second-degree aggravated indecent assault and posted 10% on his one million dollar bond.  Cosby also surrendered his passport and was photographed and fingerprinted by the Cheltenham Police. Montgomery County Assistant District Attorney Kevin R. Steele claims there was "penetration" without consent. If convicted, Cosby could be sentenced from five to ten years in prison and receive a $25,000 fine. 

District Attorney Risa Vetri Ferman campaigned with the promise to prosecute Cosby.  But keep in mind, all defendants, especially Bill Cosby, are to be presumed innocent.  Look for the trial of the Decade to take place in 2016. In the meantime, comics weigh in on their thoughts in the comment section!

Update 2-3-2016:  One of Bill Cosby's lawyers, Jack Schmitt, would not have let the comedian testify in a 2005 lawsuit if he thought Cosby could still face criminal sexual assault charges. Schmitt apparently testified that Cosby's legal team considered the criminal case "irrevocably concluded" after a suburban Philadelphia district attorney (Bruce Castor) told them he was closing the investigation into charges Cosby drugged and violated Andrea Constand in 2004.  Cosby was later deposed in Constand's civil suit and never once invoked his Fifth Amendment right against self-incrimination "knowing the criminal matter had been concluded and could not be reopened." according to Schmitt.
Cosby former lawyer, Walter Phillips, apparently relied upon Castor's oral statement to the press instead of obtaining a formal writing from the prosecution.  Former prosecutor, Castor, was called by the defense at the hearing. He testified that he found serous flaws in the 2005 case and declined to file charges. he also testified that he felt that his decision was binding.  Castor further defended his decision not to bring charges because Constand's waited a year to report the allegations and had  continued contact with Cosby.   Castor even considered that extortion of the TV star might be a possible motive for the complaint.

Castor's successor (DA Kevin Steele) has nevertheless reopened the investigation into allegations concerning dozens of women who claim that he violated them. In the civil deposition, Cosby acknowledged giving Quaaludes to women he wanted to seduce. He even admitted reaching into Constand's pants but Cosby said it was consensual. The statute of limitations for prosecuting Cosby has run out in nearly every allegation. The pending case is the only one in which Cosby has been formally charged.

Judge Steven T. O'Neill may rule on Cosby's request to throw out the charges within the next seven days.


Dollar Bill said...

Can't help but think that it is all about the money, baby!!!

~Jay said...

Poor Bill Cosby. Trying to use science as an excuse, his lawyers might want to refer to a new study that has shown that women who get more sleep have better sex. Unfortunately, the study will likely not be admissible since it was apparently conducted by Bill Cosby.

The Big C said...

The major networks have pulled reruns of "The Cosby Show." Apparently women viewers were not comfortable falling asleep while Cosby reruns were being shown.

Johnny said...

Don't be so quick to judge. The sexual misconduct alleged against Bill Cosby is a classic case of he said/she she she she she she she she she she she she she she and she said.

Rosie said...

Looking at the most recent polls it is not all that bad news for Bill Cosby

According to the polls, the U.S. Congress finished the year with 16% approval rating while Bill Cosby finished at 17%.

I Spy said...

I simply do not believe the allegations! When looking at the allegations, the prosecution would have you believe that despite Cosby's wealth, status and reputation, he chose such surprisingly ugly victims!

Judge Steven said...

Just some more nonsense involving a woman accusing Bill Cosby of inappropriate behavior. So the victim claims he drugged her, then he took off all her clothes. I won't even consider her claim until she explains why she let him wear her clothes in the first place!

Video Guy said...

This is what comes to my mind when I first heard about Bill Cosby and the rape charges...Back in the 80's while listen 2 the then popular Johnathan Brandmire radio show, there was a discussion about Cosby an his TV show. A caller began to give some inside information about Cosby an his sex-capades...they cut his call immediately. It appeared that he was a limo driver who had driven Cosby more than once around Chicago, and it sounded like he was heading into things he seen in the back of his limo, like forced sex.

Cosby being married at the time seemed to be the reason of the cut-off of the caller...don't think they picked up on the "Forced" aspect.

Video Guy said...

I Spy said:
"I simply do not believe the allegations! When looking at the allegations, the prosecution would have you believe that despite Cosby's wealth, status and reputation, he chose such surprisingly ugly victims!"

Hummm...Does Monica Lewinsky come 2 mind??

Anonymous said...

LOL. Good point V.G.

Anonymous said...

Eddie Murphy joking around about Bill Cosby needing to give back his trophies!

Cohen Watcher said...

Cohen introduced Bob Saget by stating:

"America's favorite TV dad because all the others have been arrested!" Fuller House star Bob Saget introduction got a laugh from the audience. The comment was made after Bill Cosby was arraigned on charges that he allegedly drugged and sexually assaulted Andrea Constand.