Cosby prosecutors urge Supreme Court to restore conviction

[Omaha Steve]

Source: AP

By MARYCLAIRE DALE

PHILADELPHIA (AP) — Prosecutors urged the U.S. Supreme Court to reinstate Bill Cosby’s sexual assault conviction, complaining in a petition released Monday the verdict was thrown out over a questionable agreement that the comic claimed gave him lifetime immunity.

They said the Pennsylvania Supreme Court decision in June to overturn Cosby’s conviction created a dangerous precedent by giving a press release the legal weight of an immunity agreement.

Montgomery County District Attorney Kevin Steele called the court’s decision “an indefensible rule,” predicting an onslaught of criminal appeals if it remains law.

“This decision as it stands will have far-reaching negative consequences beyond Montgomery County and Pennsylvania. The U.S. Supreme Court can right what we believe is a grievous wrong,” Steele wrote in the filing, which seeks review under the due process clause of the U.S. Constitution.



FILE - Bill Cosby arrives for his sentencing hearing at the Montgomery County Courthouse, Monday, Sept. 24, 2018, in Norristown, Pa. Prosecutors asked the U.S. Supreme Court to review the decision that overturned Cosby’s conviction. In a petition filed Monday, Nov. 29, 2021 they wrote that courts should not equate a supposed promise made by a former prosecutor to lifetime immunity. (AP Photo/Matt Slocum, File)


Read more: https://apnews.com/article/bill-cosby-conviction-sexual-assault-supreme-court-c99fd1eae8e81dee767fe8374a22b24e

[MyOwnPeace]

1. While I certainly support this action......

Last edited Mon Nov 29, 2021, 10:11 PM - Edit history (1)

I wish they would be as 'active' regarding Congressional subpoenas for witnesses to Congressional Inquiries!

[Cartoonist]

6. Check the date. n/t

[Igel]

9. The picture's from 2018.

Just not seeing "suddenly."

[Igel]

8. Jurisdiction.

Not something they're authorized to do.

[MyOwnPeace]

14. Ah!!!! I see your point.......

these are NOT DOJ people, but rather, 'local/regional' justice people working to protect their own interest in justice and integrity.

However, the same thought applies - just wish the US DOJ would be as 'attentive' and aggressive!

Thanks for the clarification - as some guy here at DU often says, "Justice Matters," and we DO want to do it 'by the books' - but, DAMN, let's get it done!!!!!

[iluvtennis]

11. + agree. n/t

[iemanja]

13. The Montgomery County District Attorney

doesn't have jurisdiction over congressional subpoenas.

[Dan]

3. I don't support Cosby, but I question why we as a nation are so interested in justice

When it applies to people of Color.

[Tarc]

5. Bill Cosby transcends blackness, into richness

Like OJ, he left behind his community long, long ago. His prosecution is just about taking down a man of privilege who thought he was untouchable.

[oldsoftie]

12. Oh for God's sake.

[Dr. Strange]

24. So, since the victims were women, you don't think the crimes matter?

Identity politics is a two-edged sword. Be careful when you swing it.

[Dan]

25. Never said that.

Just thinking, your shithead ex-president with members of Congress and other notable figures, try to overthrow the government, and the DOJ walks with tippy toes.

Just thinking - how quick the wheels of justice seems to turn.

[myohmy2]

4. good...

"...a dangerous precedent by giving a press release the legal weight of an immunity agreement."

"The U.S. Supreme Court decides to hear a case based on at least four of the nine Justices of the Supreme Court agreeing to grant the Petition for Certiorari. If four Justices agree to grant the petition, the Supreme Court will consider the case."

...will 4 agree?

...

[former9thward]

10. Bad

If the decision was reversed it would mean any statement or agreement by a prosecutor is worthless. It would be subject to reversal whenever someone else came into office. Ridiculous.

[stopdiggin]

16. kind of agree

holding officials (and LE) of all stripes accountable should be a consistent message from our camp. Not just when it suits - or works to the advantage of our own agenda. If you don't want cops and lawyers playing fast and loose with the rules ...

[Kenneth Almquist]

20. There is a procedure for granting immunity

In Pennsylvania, immunity granted by a Court order, which has to be requested by the Attorney General. This cannot be reversed just because a new Attorney General comes into office who doesn't think that immunity should be granted.

On the other hand, prior to the Cosby case, if the Attorney General merely states that he doesn't intend to prosecute, that does not confer immunity. Cosby had not been granted immunity, and therefore had a Fifth Amendment right not to answer any questions when the answer might tend to incriminate him. He chose not to exercise that right, perhaps because in a civil suit the jury is allowed to draw inferences from a refusal to answer questions. His attorneys may have advised him that what the jurors in the civil case would imagine if he pled the Fifth would be worse for his case than the actual answers.

The problem with the Cosby decision is that it muddies the waters. Cosby's attorneys knew that the Attorney General had the ability to make his decision not to prosecute binding on his successors, and had decided not to do so. But now? If the Attorney General decides not to prosecute, but doesn't request a court order making the decision binding, under what circumstances is the decision never the less binding? I don't think that the decision in the Cosby case provides anything close to a clear answer.

[cstanleytech]

23. On the other hand the court might look at the prosecutor saying he does not intend to prosecute as

a bait and switch which the high court generally does frown upon.

[jgmiller]

15. While I agree he should be behind bars, the prosecutors screwed up

We all get upset when prosecutors send the wrong men to prison and won't back down even when faced with the evidence, this is no different it's just on the other side. Let's face it there are a lot of bad lawyers out there and some of them are prosecutors and they make serious mistakes.

When they make those mistakes people's lives are turned upside down or even put at risk. In this case the victims are the ones who are being punished because of bad lawyers. The supreme court shouldn't do anything with this one.

[stopdiggin]

17. I like the even handed approach

(in fact it's essential if you're looking to achieve true justice)
Sauce for the goose - n' all that.

--- --- ---

[Polybius]

19. You can't reinstate a conviction after overturning it

As much as I dislike him and his actions, it was overturned because it had to be.

[Sgent]

21. Meh

this "dangerous" rule only applies in PA, and nowhere else (and not in federal cases). I don't see any federal issue which supports SCOTUS review.

[cstanleytech]

22. Bad idea because prosecutors use the offer of immunity to get people to cooperate in cases

and testify and reversing this could weaken that.