Bill Cosby?????

[MTT]

Just saw the news
Now I know why this thread rose from the dead

I don’t dont have an option
No skin in the game.

[t-the-east]

[altasnob]

Seems to me he could have still relied on the 5th regardless of agreement since he likely could've and still could face prosecution in another state. He got bad legal advice to not do so.

The original non prosecute agreement was bullshit that prosecutor shouldn't have offered.

Yes but at the end of the day all it apparently takes is a DA willing to say informally or formally that they won’t prosecute, testify in a civil suit and you are done.

That seems like a pretty big loophole if you ask me.

There are other cases, Supreme Court cases, that say a prosecutor's promise, whether written or not, is binding. Makes sense. Prosecutor's aren't used car salesman. They can't bait and switch to get people to plead or confess.

The previous DA, Cosby, Cosby's attorneys, and the victim's attorneys, all assumed that Cosby could not plead the 5th. Whether this is true or not is irrelevant, because Cosby relied on the DA's statements to Cosby's detriment. The DA and Cosby essentially formed a contract with each other, although it was not in writing (contracts do not always need to be in writing).

The previous DA made the statement not to help Cosby. He did it to screw Cosby financially. As the NYTimes opinion piece written by former US Attorney, and current U of Michigan law professor, points out, it is actually improper for a prosecutor to try to help out the victim like he did. The prosecutor does not represent the victim. The prosecutor's duty is not to get the victim paid, the prosecutor's duty is trying to pursue justice. So it absolutely was improper for the prosecutor to make the promise to induce Cosby to testify in the civil suit, even if the prosecutor did so because he thought it would help the victim.

Of course, had the prosecutor not made the promise, Cosby would never had testified in the civil suit, and the victim wouldn't have received the $3+ million settlement that she received. And the new prosecutor probably would never had brought the case against Cosby because they didn't have enough to prove the charge absent the statements Cosby made in the civil case.

https://www.nytimes.com/2021/07/01/o...-released.html

[ill-advised strategy]

I wonder what that fucking creep is doing right now

[El Chupacabra]

I wonder what that fucking creep is doing right now

Suckin on a puddin pop
Behind the tastee freeze

[KQ]

I wonder what that fucking creep is doing right now

News tonight said he was planning on spending months with his wife whom he had not seen in 3 years. 3 years and she never visited him? Is she in a nursing home? Says she's thrilled he's out yet she never went to see him.

Okay I see why now. She's a nutter.

Bill Cosby’s wife, Camille, breaks silence, suggests #MeToo movement is racist

[BmillsSkier]

Suckin on a puddin pop
Behind the tastee freeze

YES!!!

Johnny Cougar is a Lowcountry resident these days.

[garyfromterrace]

No one knows whether Crosby is innocent other than Crosby himself, and his victims.

So over 60 women just made shit up?
Ya right counsellor.

[KQ]

So over 60 women just made shit up?
Ya right counsellor.

Women do that. It's in their nature. Their uterus makes them do it. That's where "hysterical" came from don't cha know.

[PNWbrit]

So over 60 women just made shit up?
Ya right counsellor.

I know altasnob.

He is a reasonable guy in real life.

Fun guy to ski with. Would do again in a heartbeat. You would think so too Gary.

But really I do shake my head at his posts recently.

[m2711c]

why? because he's right?

[liv2ski]

I wonder what that fucking creep is doing right now

On the dark web ordering ludes.

[El Chupacabra]

YES!!!

Johnny Cougar is a Lowcountry resident these days.

But hopefully not hanging out with the Cos

[garyfromterrace]

I know altasnob.

He is a reasonable guy in real life.

Fun guy to ski with. Would do again in a heartbeat. You would think so too Gary.

But really I do shake my head at his posts recently.

Good to hear Brit. I would put him in the minority of the folks that I totally disagree with on this board then. My ignore list is full of idiot fucktards I have no desire to meet, ski with or otherwise associate with in any way. There's a difference of opinion, and then there's spouting idiocy.

[AK47bp]

Women do that. It's in their nature. Their uterus makes them do it. That's where "hysterical" came from don't cha know.

And that’s why they get those things removed.




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[Ted Striker]

But really I do shake my head at his posts recently.

I would put him in the minority of the folks that I totally disagree with on this board then.

Imagine the words "what if" at the beginning of his posts.

[altasnob]

So over 60 women just made shit up?

This brings up another interesting issue in the Cosby appeal. The general premise of our court system is the government has to prove the facts of the case without bringing in other bad acts. So for instance, in a DUI, they can't say we know you are guilty because we have evidence you have driven drunk hundreds of other times but just never got caught. Makes sense, right? There are exceptions to this, and in particular, for sex crimes. Why? Because sex crimes are awful and sex crimes are difficult to prove.

In Cosby's trial, he was accused of raping one single victim. However, the court allowed the prosecutor to have five other victims testify because they believed the patterns in those other instances matched and it was his "signature crime." Some of the judges on the previous appeal disagreed with this because, unlike these other victims, Cosby dated the single charged victim for over a year, had met her mom, and she continued to meet and speak to Cosby even after the crime (she was also illegally recording him in what the prosecutor believed was an attempt to bolster her civil case against him).

The PA Supreme Court didn't address this prior bad act issue because they dumped the case on the prosecutor immunity issue. I have no opinion on whether it was right or wrong to allow the other five uncharged victims testify. Just pointing this out because in sex offenses, we allow the prosecutor to argue someone is guilty not just because of the facts of this single case, but also because of all the other cases where they were never charged, and never convicted. What the limit of this argument should be is a difficult question.

[garyfromterrace]

Women do that. It's in their nature. Their uterus makes them do it. That's where "hysterical" came from don't cha know.

Every day I learn so much here. Going to speak to my wife about this today (prefaced as usual with "honey, KQ says...", thank you for the insight! As always, a well thought out and helpful response to a difficult topic, thank you.

[Core Shot]

Mandatory hysterectomy

Make it law

#sarc

[altasnob]

Remember, what happens in an appeal like Cosby's is precedent. So if the government is allowed to engage in trickery to get his confession in that case, the government can do this in all cases going forward. Everyone wants Cosby to go down, but not at the expense of forever altering our fundamental rights. The right to not testify against yourself is a fundamental and key right to democracy and the free world. If you don't like this right, I suggest you move to North Korea.

I can assure you judges, most of whom are elected, and can be un-elected by the public, bend over backwards to uphold convictions. They rarely toss convictions and only do so when they absolutely have to. I'm glad we have (at least some) judges who are willing to put their own career on the line upholding these important and fundamental rights.

[garyfromterrace]

This brings up another interesting issue in the Cosby appeal. The general premise of our court system is the government has to prove the facts of the case without bringing in other bad acts. So for instance, in a DUI, they can't say we know you are guilty because we have evidence you have driven drunk hundreds of other times but just never got caught. Makes sense, right? There are exceptions to this, and in particular, for sex crimes. Why? Because sex crimes are awful and sex crimes are difficult to prove.

In Cosby's trial, he was accused of raping one single victim. However, the court allowed the prosecutor to have five other victims testify because they believed the patterns in those other instances matched and it was his "signature crime." Some of the judges on the previous appeal disagreed with this because, unlike these other victims, Cosby dated the single charged victim for over a year, had met her mom, and she continued to meet and speak to Cosby even after the crime (she was also illegally recording him in what the prosecutor believed was an attempt to bolster her civil case against him).

The PA Supreme Court didn't address this prior bad act issue because they dumped the case on the prosecutor immunity issue. I have no opinion on whether it was right or wrong to allow the other five uncharged victims testify. Just pointing this out because in sex offenses, we allow the prosecutor to argue someone is guilty not just because of the facts of this single case, but also because of all the other cases where they were never charged, and never convicted. What the limit of this argument should be is a difficult question.

Snob, you should know this about me. I never let my strong moral opinion, gut feeling, and common sense interfere with an opinion from a legal beagle. We disagree and you have your reasons (the law, or at least your opinion of it), and I mine. Brit vouches for you and that's enough for me. Maybe we can share a run and drink a wobbly pop in JH this winter. It doesn't change anything though, David Crosby is still a piece of shit rapist!

[neufox47]

News tonight said he was planning on spending months with his wife whom he had not seen in 3 years. 3 years and she never visited him? Is she in a nursing home? Says she's thrilled he's out yet she never went to see him.

Okay I see why now. She's a nutter.

Bill Cosby’s wife, Camille, breaks silence, suggests #MeToo movement is racist

Well in fairness to her, she does have a point that historically there have been many many false claims of sexual assault and rape towards black men by white women where the sex or advance was consensual until it was discovered by others. While less prevalent today this does still happen. Not that Cosby isn’t guilty as shit and this in no way absolves him.

[Timberridge]

David Crosby is still a piece of shit rapist!

I had no idea. I knew there was a reason I didn't like CSN.

[AK47bp]

Lock that piece of shit up.




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[old goat]

Women do that. It's in their nature. Their uterus makes them do it. That's where "hysterical" came from don't cha know.

That's why there have been so many more accusations lately--when they stopped doing hysterectomies at the drop of a hat it opened a real can of worms.

Remember, what happens in an appeal like Cosby's is precedent. So if the government is allowed to engage in trickery to get his confession in that case, the government can do this in all cases going forward. Everyone wants Cosby to go down, but not at the expense of forever altering our fundamental rights. The right to not testify against yourself is a fundamental and key right to democracy and the free world. If you don't like this right, I suggest you move to North Korea.

Or stay here and just wait a few years.