Bill Cosby found guilty

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woolfe9998

Lifer
Apr 8, 2013
16,242
14,245
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I'm not a legal expert by any stretch. It just says that a previous prosecutor had decided not to charge him. How is that misconduct?

I can explain. The previous prosecutor told him that he would not be charged. This then precluded him from taking the 5th in a civil deposition over the same allegation. His testimony in that deposition was then later used against him in a criminal prosecution when a different DA decided to press charges after all.

In effect, he was tricked into waiving his 5th amendment rights in the civil case, and into incriminating himself.

Unfortunately the court was correct here. That prior DA is an idiot and now we have a serial rapist walking free.
 
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fskimospy

Elite Member
Mar 10, 2006
88,226
55,776
136
I can explain. The previous prosecutor told him that he would not be charged. This then precluded him from taking the 5th in a civil deposition over the same allegation. His testimony in that deposition was then later used again him in a criminal prosecution when a different DA decided to press charges after all.

In effect, he was tricked into waiving his 5th amendment rights in the civil case, and into incriminating himself.

Unfortunately the court was correct here. That prior DA is an idiot and now we have a serial rapist walking free.
I guess it's cases like this that really test someone's commitment to the rule of law and the Constitution because...jesus christ. This is bad.
 

woolfe9998

Lifer
Apr 8, 2013
16,242
14,245
136
I guess it's cases like this that really test someone's commitment to the rule of law and the Constitution because...jesus christ. This is bad.

Yeah, but we can't allow this kind of prosecutorial misconduct or we might be the next victims of it.

I guess we can take a little solace in the fact that he's probably too old to be raping anyone else. Cold comfort.
 

Amol S.

Platinum Member
Mar 14, 2015
2,587
783
136
Yeah, but we can't allow this kind of prosecutorial misconduct or we might be the next victims of it.

I guess we can take a little solace in the fact that he's probably too old to be raping anyone else. Cold comfort.

He mght not be able to rape someone, but he still has hands and arms, and thus might still be able to molest someone.
 

fskimospy

Elite Member
Mar 10, 2006
88,226
55,776
136
Yeah, but we can't allow this kind of prosecutorial misconduct or we might be the next victims of it.

I guess we can take a little solace in the fact that he's probably too old to be raping anyone else. Cold comfort.
I 100% agree - it's better for him to go free than to allow the government to engage in this sort of misconduct.

That being said, this is a tough one to swallow. This guy drugged and raped people throughout his entire adult life and he's going to go free.
 

woolfe9998

Lifer
Apr 8, 2013
16,242
14,245
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He mght not be able to rape someone, but he still has hands and arms, and thus might still be able to molest someone.

True. Though at this point I would assume there aren't that many women willing to risk proximity to him, certainly not any willing to take a drink from him...
 

Greenman

Lifer
Oct 15, 1999
22,452
6,543
136
If that's the case then he should go free as that's egregious prosecutorial misconduct.

That being said, that means a monster is going to be free again and nobody should be happy about that.
I was perfectly happy with him being jailed for the rest of his life, but at 83, and being partially blind, I don't see him being any kind of threat to society.
 

fskimospy

Elite Member
Mar 10, 2006
88,226
55,776
136
This is as good a time as any to remind people there's an episode of the Cosby Show where Bill Cosby makes a batch of his secret barbecue sauce that makes women both sedated and horny.
 

Sunburn74

Diamond Member
Oct 5, 2009
5,076
2,635
136
Did the guilty case only cover one rape? Are any others still within statute of limitations (7 yrs?)
I think it's unlikely any are still within most states statutes.

Honestly I agree with the high court on this one. You can't get a guy to waive his 5th amendment right on a promise and then backstab him using his testimony against him. He did however serve time as at a very old age and his legacy forever destroyed. I dunno... At this point I feel like some justice has been served.
 

fskimospy

Elite Member
Mar 10, 2006
88,226
55,776
136
I was perfectly happy with him being jailed for the rest of his life, but at 83, and being partially blind, I don't see him being any kind of threat to society.
I agree that he's unlikely to be a threat to society in his current state, but considering the amount of time others spend in prison for far lesser offenses it's galling to me that he's going to get off so lightly.
 
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HomerJS

Lifer
Feb 6, 2002
39,818
33,443
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Damn. On the one hand he should spend way more time in jail. However he did have an agreement with a previous DA and that was the only way to get the truth from him.
 

ondma

Diamond Member
Mar 18, 2018
3,319
1,708
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I can explain. The previous prosecutor told him that he would not be charged. This then precluded him from taking the 5th in a civil deposition over the same allegation. His testimony in that deposition was then later used again him in a criminal prosecution when a different DA decided to press charges after all.

In effect, he was tricked into waiving his 5th amendment rights in the civil case, and into incriminating himself.

Unfortunately the court was correct here. That prior DA is an idiot and now we have a serial rapist walking free.
I understand the legal ramifications of this, and unfortunately they are correct. What I don't understand is that with so many women coming forward to testify, why they even needed Cosby's testimony.

It also is unfortunate, and an indictment of our legal system, that so many are still in prison whose rights were equally violated, many of whom *are* innocent, simply because they are not a celebrity with the money to hire the best legal representation.
 

theeedude

Lifer
Feb 5, 2006
35,787
6,198
126
"No person ... shall be compelled in any criminal case to be a witness against himself."
Regardless of what you think of Bill Cosby, and he appears to still be a rapist, this was the correct decision in terms of protecting 5th Amendment rights. If he was forced to testify without benefit of 5th Amendment right against self incrimination in a civil case based on prosecutor's decision not to file charges in an alleged crime, then that prosecutor's successor should not be allowed to use resulting testimony to prosecute the same crime. Otherwise you open a giant loophole for prosecutors to compel self-incriminating testimony to be used in criminal case by initially declaring such case closed, then having that declaration used to compel self-incriminating testimony in a civil trial, then changing mind and using compelled self- incriminating testimony to prosecute the criminal case.
 

KMFJD

Lifer
Aug 11, 2005
33,654
54,003
136

eelw

Lifer
Dec 4, 1999
10,391
5,536
136
And the scummy lawyer saying great decision to reverse the original travesty of justice. Umm your client is not being declared innocent twit
 

Viper1j

Diamond Member
Jul 31, 2018
4,472
4,205
136
I guess it's cases like this that really test someone's commitment to the rule of law and the Constitution because...jesus christ. This is bad.
Even evil people have constitutional rights.

Ted Bundy, John Wayne Gacy, and Jeffrey Dahmer all had their rights vigorously defended.
 

Hans Gruber

Platinum Member
Dec 23, 2006
2,542
1,371
136
This is as good a time as any to remind people there's an episode of the Cosby Show where Bill Cosby makes a batch of his secret barbecue sauce that makes women both sedated and horny.
Bill is going to show you a thing or two.