A bid by Bill Cosby’s lawyers to have the sexual assault charges against the entertainer dismissed was rejected by a judge here Wednesday evening, clearing the way for a potential trial.
The judge, Steven O’Neill, said that he found “no basis to grant the relief request” by the attorneys. They had mounted a case over the last two days arguing that former Montgomery County Dist. Atty. Bruce Castor had made a non-prosecution agreement with the comedian’s lawyer more than a decade ago.
Cosby has been charged with three felony counts of aggravated indecent assault stemming from a 2004 interaction involving drugs and alcohol with former Temple University basketball staffer Andrea Constand.
I am still not convinced that Cosby will face any jail time, but I think it will be cathartic for not only his victims, but all victims of sexual assault, to see that even money and fame cannot protect these assholes from justice.
I will predict that if Cosby is convicted of ANY of these charges that it will open a floodgate which will see multiple assault charges brought against attackers who their victims once saw as untouchable.
I would love to hear the reasoning why the former Montgomery County DA made a non-prosecution agreement. Call me crazy but if there was enough evidence a decade ago to mull prosecuting--they should have presented the case to a grand jury and sought an indictment. It may have spared some of the victims the trauma they were subjected to had the DA gone for the prosecution.
ReplyDeleteMost rape cases are never prosecuted. I don't know what state you live in, but I can just about be sure that there are thousands of rape kits untested in it. Our society doesn't give a shit if women are raped.
DeleteEven Sarah Palin was part of that (not giving a shit about rape cases) in the State of Alaska when she was quitter governor! As many have said before - Sarah Palin is and was the devil incarnate!
DeleteThe sexual assault case in Pennsylvania against Bill Cosby will go forward, a Judge Stephen O'Neill in Montgomery County, PA, ruled Wednesday.
DeleteJudge O'Neill ruled "there was no basis to grant the relief requested" by Cosby. Judge O'Neill also ruled newly elected DA, Kevin Steele, could stay on the case which will go forward.
Former Montgomery County DA at the time, Bruce Castor, did not file sexual assault charges against Cosby, citing "insufficient credible and admissible evidence."
In addition to denying the allegations, Cosby argues he's being improperly prosecuted based on testimony he gave during a civil suit -- testimony his defense says was given only because the state closed the criminal case in 2005.
The new district attorney's office reopened the investigation based on "new evidence" that emerged from the unsealing of Cosby's deposition in Constand's civil suit.
Wednesday's testimony
Lawyer John "Jack" P. Schmitt, part of a legal team that represented Cosby in 2005, testified Wednesday it was clear to him that a 2005 news release from Castor -- one announcing the prosecutor wouldn't file charges against Cosby in connection with a woman's allegations -- was a written and irrevocable agreement that the comedian would never be prosecuted.
In addition, Schmitt said, Cosby's lead attorney in the Constand case, Walter Phillips, "got assurances from Mr. Castor that this was an irrevocable decision that he had made." Phillips has since died.
On cross-examination, Schmitt acknowledged Wednesday there was no other document besides the news release saying that no charges would be filed.
The prosecution said the defense hadn't proved its claim.
"They (the defense) are saying there is an explicit agreement, and they are saying this (press release) document is the explicit agreement and in that document itself says it will revisit the decision," a prosecutor argued Wednesday.
Later in the day, the prosecution called Constand's lawyer, Dolores Troiani, who said she was not aware in 2005 of any decision or agreement that the state would never prosecute Cosby.
"My understanding of the press release was that he was not going to prosecute at this time, but if there was additional information, he would change his mind," she testified.
She said she didn't hear until September 2015 of any assertion that Cosby could not ever be prosecuted.
On Tuesday, Castor testified he made the decision not to prosecute Cosby. He said he did so in part because he didn't believe the case was strong enough for a conviction.
Castor also said he thought the move might help Constand successfully sue the entertainer. He essentially conceded that the only reason Cosby testified in Constand's subsequent 2005 civil suit -- the testimony that new prosecutors are now using to charge him -- was because he took any potential prosecution off the table.
When Castor declined to prosecute in 2005, he said, Cosby couldn't claim Fifth Amendment protection against self-incrimination in the civil suit.
http://www.localnews8.com/news/urgent-cosby-case-to-proceed/37804212
The facts are out there. The case will proceed.
DeleteThe former DA said in court he didn't prosecute because of insufficient evidence at the time.
8:40
DeleteYes, Castor said he didn't prosecute because of insufficient evidence which we know to be total hogwash. It's called CYA
I live not too far from the home this occurred in. And my opinion of Bruce Castor is a hair higher than my esteem for the former Governor of Alaska. The man's an absolute snake, close friend of Bill and Camille, and should have recused his butt from anything to do with the case. Bruce also has ties with Paterno, may he rest in pieces, and Sandusky, I can't say much more, but I'm positive he used his influence in those cases as well. Cosby opened a lot of doors for African American actors and all comedians, but apparently, he let fame and money corrupt him. I felt badly for Cammille a few seconds, then figured she knew and didn't want to lose the status she had grown accustomed to and kept her mouth zipped. Don't worry, Cammille, hard work never killed anyone. It builds character.
DeleteHe is guilty as heck, but there is no way he's going to be convicted, the writing is on the wall.
ReplyDeleteI think he will be convicted for some charges, but he won't spend a minute in prison.
DeleteI disagree Gryphen, if there is no jail time why would this be an "encouragement" for women to come forward to be "raped" by the court system again?
ReplyDeleteBeen there, done that. It will be be another rapist walking free.
I too doubt that he'll see jail time, but this man has the highest possible opinion of himself and is a control freak. The total loss of his career and reputation are absolutely devastating to him, much more than they would be to someone less thin-skinned and arrogant. He's absolutely writhing right now and will be until he leaves this earth. So there's that.
ReplyDeleteBarring prison time, that's a pretty good punishment.
DeleteIf you mimic Cosby's face in the image, you'll find it's your 'trying-not-to-cry' face.
DeleteThis is the face of Josh Duggar at 70
Deleteor the face of a sysop from compuserve
DeleteSo, off topic...the other day the person posting as My Aunt Lives on Ensure claimed that Bristol Palin "doesn't vote." I got to thinking about whether the Palins in general bother to exercise their franchise, and found this handy site: http://voters.findthedata.com
ReplyDeleteOnly a few states are covered, but Alaska is one of them. And the format and type of voter history information varies by state--for instance, it appears that Alaska's viewable records only go through the 2012 election, or at least haven't been updated on this site.
Among the interesting nuggets that turned up in a quick search:
1. Bristol does vote...most of the time.
2. Todd didn't register to vote in Alaska until 1990. I guess he figured his efforts were better geared toward secession.
3. Britta Hanson is a Democrat.
4. Neither Sunny nor Levi Johnston has ever registered to vote.
5. Most hilarious to me, Track has cast exactly one vote in his life...in the 2010 primary (no doubt for Joe Miller). Although he's been registered since 2007, he didn't vote for his own mother for vice president of the United States of America in 2008. That suggests that either he's an unbelievable screwup (the military doesn't exactly make it hard for the troops to get absentee ballots) or that he really doesn't care for his mom and purposely didn't vote for her.
I've always thought Track probably despises his parents - especially Sarah! Why in the Hell would he vote for her?
DeleteRemember, he never enjoyed being in the limelight (national and State of Alaska scenes) and did everything he could not to be a part of it during Sarah's hay days and since!
Very interesting post, 7:33am. But if you've been reading here for any appreciable amount of time, you should know that posting ANY information that may reflect poorly on a Johnston will get you called all kinds of names, that's if Gryphen even chooses to let the comment through. So put your asbestos suit on asap. That said, thanks for your post. It was very informative.
DeleteI mean, how much must a kid dislike his own mother not to vote for her for VP? When voting is public record and your lack of support will humiliate her?
DeleteNonsense, 8:23.
Delete8:23am, it is long since time for you to pull your head out of your ass. And it's high time the Johnston's considered a restraining order.
DeleteMeghan,
DeleteYou are the one who needs to pull your head out of your ass. By the way, if you ever do, learn the proper use of an apostrophe.
Grammar attacks. The refuge of the person with nothing substantial to contribute to the conversation.
DeleteAs if telling someone to pull their head out of their ass contributes substantially to a conversation. I'm not 11:29, but I've always found your comments to be lacking wisdom and obnoxious. Have a nice day, bitch.
DeleteE.M. White
Meghan, the stupid ones always get angry and makes fools of themselves
Delete7:32 here. I have little interest in your issues with our blog host, 8:23. Other than wondering why Sunny, an otherwise stunning woman, thinks those Liza Minnelli lashes look good (a very minor criticism, to be sure), I have nothing much negative to say about the Johnstons, who seem like loving, attentive and competent parents. One also feels a great sympathy with people who are forever connected to the unstable Palin family through a shared child. I normally wish everyone would exercise the responsibility to vote, but since Sunny and Levi would almost certainly vote Republican, it's fine with me if they sit elections out. The Palin family having people in it who don't even vote for their own mother, on the other hand...now THAT's an embarrassing revelation.
DeleteThis comment has been removed by the author.
Delete12:46, the hell you're not 11:29. You seem to get a lot of posts through for someone who cries censorship constantly.
DeleteBe careful what you wish for supporter of Mrs. Bill Clinton.
ReplyDeleteOh thanks for your concern.
DeleteBut trust me, we're fine.
Is this English?
Deletehttp://illinoisreview.typepad.com/illinoisreview/2011/11/clintons-list-of-ignored-accusers.html
Delete7:39am, You are a one trick pony.
DeleteWhy are all the liberals celebrating Cosby getting his just rewards for his crimes and cover-ups for abusing women, but when it comes to Bill, there is a huge backlash? Do you only care when a black man rapes a woman?
Delete1:11, is that you the former moderator of renderosity?
DeleteOh, it's racism now just because Cosby is Black. Hillary and Bill Clinton seemed to have worked on their marriage and remain happily married. Bill Cosby Drugged and raped over fifty women (that we know of) Bill Clinton looks like a saint by comparison. Can we have our tax payer money back from the Starr Report?
DeleteWorked on their marriage?
DeleteWhat does that have to do with sexual assault and coverup?
OT--looks like there's been some new filings in the custody case http://www.courtrecords.alaska.gov/eservices/?x=x2p7MmtOeRTsJ1wDR9XmqY4rZszTN2QmiD-pVbkHYqnfjCJAJQ502OSYTbEn9*jlkqrIwD*JxlA3F2oBLzEGGQ
ReplyDeleteWow, Bristol's been cited four times for speeding and failure to exercise due caution. She's as feckless behind the wheel as she is in the sack. In both venues, an accident waiting to happen.
DeleteO/T, but people.com has a post with Bristol's new picture of Tripp and Sailor, stating that "Bristol welcomed the new addition to her family in November..." Assume they'll correct it at some point, but still, interesting.
ReplyDeletehttp://www.people.com/article/bristol-palin-has-lunch-with-son-tripp-and-baby-sailor
It Does say and WAS NOVEMBER..
DeleteBristol is so stupid, she doesn't think people actually read
Delete"...will see multiple assault charges brought against attackers..."
ReplyDeleteIf that happens there will be quite a few politicians on the list.
http://www.albertpeia.com/oxfordassault.htm
DeleteI would be the first to defend and stand up for a Man, Woman, or Child that was assaulted, raped, abused or drugged. Each case is different. In this particular case we have the wealthy man and many many women movin on up!!! Extortion, bribery, false accusations and defamation of character are very serious charges kids!!! Each of these accusers are subject to those charges. Seems to be a frenzy of ignorance swarming over the chit house.
ReplyDeleteYour first sentence doesn't mean shit because of everything else you wrote.
Delete8:24
DeleteThe problem is each of these accusers will never get her day in court.
Stop trying to scare women. This isn't the middle east, a woman can't be put in prison or fined because she has the audacity to name her attacker.
Delete12:16
DeleteRight, although some men would like you to think so. Hillary, 2016
It is funny you bring up Hillary, 1:52, on a statement regarding the unfortunate treatment some women receive by naming their attacker.
DeleteAnd after all of the cases of sexual assault are decided it is my fervent wish that this third rate monologist is tried by the Comic's Court for his decades long slough through shitty stand up and laugh free appearances. This guy couldn't get a yuk in a hip room if his life depended on it.
ReplyDeleteToo bad we have predators, bullies and liars abusing our woman, men and children. Some people are just evil and deserve their fate and karma. Justice is served in the end.
ReplyDeleteLittle Girls, old hags, and dump sluts do lie 12:16 Are you a scared drugged man or woman? Really or Are You scared because you falsely accused someone, And because your then little boy groom bopped your big hook nose for whoring around town before the ho down. Oh the weddin blues. What a lying skank.
ReplyDeleteSome victims came forward and some of them under an assumed name, Yuri Nosenko-style. She is like "George in the Mask." That is, since she is female, "Georgia in the Mask."
ReplyDelete