Bill Cosby’s sexual assault conviction was thrown out Wednesday by Pennsylvania’s highest court in a ruling that swiftly freed the actor from prison more than three years after he was found guilty of drugging and molesting Temple University employee Andrea Constand at his suburban Philadelphia mansion.
Cosby, 83, was the first celebrity tried and convicted in the #MeToo era, and his conviction was seen as a turning point in the movement to hold powerful men accountable for sexual misconduct.
Here’s a look at the case against Cosby and the court’s decision:
Why did the court toss his conviction?
The split court found that Cosby was unfairly prosecuted because the previous district attorney had promised the comedian once known as “America’s Dad” that he wouldn’t be charged over Constand’s accusations. Cosby was charged by another prosecutor who claimed he wasn’t bound by that agreement.
The court said that’s not the case. The justices found that Cosby relied on that promise when he agreed to testify without invoking his Fifth Amendment right against self-incrimination in a lawsuit brought against him by Constand.
The court concluded that the prosecutor who later brought the charges was obligated to stick to the nonprosecution agreement, so the conviction cannot stand. The justices wrote that “denying the defendant the benefit of that decision is an affront to fundamental fairness, particularly when it results in a criminal prosecution that was foregone for more than a decade.”
What's the deal with nonprosecution agreement?
The promise not to prosecute Cosby was made in 2005 by Bruce Castor, who was then the top prosecutor for Montgomery County. Castor was also on the legal team that defended former President Donald Trump during his historic second impeachment trial over the 6 January insurrection at the US Capitol by his supporters.
During a court hearing weeks after Cosby’s 2015 arrest, Castor testified that he promised Cosby he wouldn’t be prosecuted in the hopes that it would persuade the actor to testify in a civil case brought by Constand and allow her to win damages. Castor acknowledged the only place the matter was put in writing was in the 2005 press release announcing his decision not to prosecute, but said his decision was meant to shield Cosby from prosecution “for all time.”
His successor noted, during the appeal arguments, that Castor went on to say in the press release that he could revisit the decision in the future.
Castor had said that Constand’s case would be difficult to prove in court because she waited a year to come forward and stayed in contact with Cosby.
The first jurors who heard the case may have agreed with him, as they could not reach a verdict in 2017. But a second jury empanelled after the #MeToo movement exploded found him guilty at his 2018 retrial. Constand settled her civil case against Cosby for more than $3 million.
Castor’s successor, District Attorney Kevin Steele, charged Cosby in 2015 after a federal judge, acting on a request from The Associated Press, unsealed documents from her 2005 lawsuit against Cosby, revealing his damaging testimony about sexual encounters with Constand and others. Castor has said Cosby “would’ve had to have been nuts to say those things if there was any chance he could’ve been prosecuted.”
How rare is this?
Extremely rare.
Wesley Oliver, a Pennsylvania law professor who has followed Cosby’s case closely over the years, said he has never heard of a high court in Pennsylvania or anywhere else grappling with a prosecutor’s informal promise not to prosecute.
“It breaks new ground entirely,” said Oliver, who teaches at Duquesne University School of Law in Pittsburgh. “It sets precedent not just for Pennsylvania but probably other states.”
He said the ruling should drive home to prosecutors the risks of suggesting at news conferences, in press releases or verbally in private that they will not prosecute.
“They should at least add three words — ‘at this time,’” he said. “If you add that qualifier, which wasn’t done in Cosby’s case, you should be good to go,” Oliver said.
Can Cosby be tried again?
It’s highly unlikely. The decision on Wednesday bars Cosby from being tried again over Constand’s complaint, finding it to be the “only remedy that comports with society’s reasonable expectations of its elected prosecutors and our criminal justice system.”
And the accusations raised by dozens of other women, including the five who testified at his 2018 trial, often go back decades and are most likely too remote to prosecute.
Cosby turns 84 next month. However, his lawyer said he remains in good health, except for vision problems that render him legally blind.
The trial judge deemed him a sexually violent predator who could still pose a danger to women given his wealth, power and fame, and ordered that he be on a lifetime sex offender registry and check-in monthly with authorities. However, the decision negates that finding.
Reactions to court's decision in the Cosby trial
“Mr Cosby should never have been prosecuted for these offences. District attorneys can’t change it up simply because of their political motivation.” — Cosby appellate lawyer Jennifer Bonjean, in an interview.
“Today’s majority decision regarding Bill Cosby is not only disappointing but of concern in that it may discourage those who seek justice for sexual assault in the criminal justice system from reporting or participating in the prosecution of the assailant or may force a victim to choose between filing either a criminal or civil action.” — Cosby accuser Andrea Constand and attorneys Dolores M Troiani and Bebe Kivitz, in a joint statement.
“FINALLY!!!! A terrible wrong is being righted - a miscarriage of justice is corrected!” — Phylicia Rashad, who starred as Cosby’s wife on “The Cosby Show,” on Instagram.
“I am furious to hear this news. I personally know women who this man drugged and raped while unconscious. Shame on the court and this decision.” — actor and activist Amber Tamblyn, on Twitter.
“When you look at what happened, the fact that a jury reached a conclusion after a trial where they heard evidence, there was nothing about the opinion today that detracted from that. I think that’s important for people like Andrea and other women who came forward.” Stewart Ryan, a lead prosecutor in the case now in private practice, said in an interview.
“The Cosby ruling demonstrates how failures in our criminal justice systems make accountability for sexual assault impossible. ... Sexual assault, harassment and extortion happens in workplaces every day. Systems that ensure accountability for powerful abusers, protect workers and prevent agreements that shield abusers are urgently needed in entertainment and other industries.” — Anita Hill, chair of The Hollywood Commission, in a statement.
“I know many young women and men who are so Afraid to press charges against their rapist and Re traumatize themselves I am heartbroken today to hear of the news of Cosby’s release .this is sickening. My heart is with my sister survivors. We have work to do.” — actor Rosanna Arquette on Twitter.
“Certainly the optics of this are terrible. But the message has to be very clear and simple — that this was a mistake by prosecutors, a very unusual one and a technicality that is unlikely to happen again.” #MeToo attorney Lisa Banks, in an interview.
“Today’s devastating decision to overturn the conviction of a man who caused so much harm, pain, and emotional trauma to so many women is a travesty and an injustice. It reminds us again of the struggle that the survivors of his predatory behaviour and actions have endured to make their voice’s heard. The semblance of justice these women had in knowing Cosby was convicted has been completely erased with his release today.” — Time’s Up foundation CEO and president Tina Tchen said in a statement.
“WHEN will things get better for women and girls regarding sexual assault, sexism, misogyny and ageism? What will it take? So discouraged.” —Kathy Griffin on Twitter.
“Told you so on #BillCosby. He was convicted by a court so tainted by public opinion and social pressure that it allowed obviously prejudicial evidence and improper witnesses. He may be a bad guy, but in this case, he was railroaded by the mob.” — Geraldo Rivera on Twitter.
“To every woman who was sexual assaulted by #BillCosby my heart hurts for you today and I am full fury. It’s horrifying.” — actor Debra Messing on Twitter.
“All the smoke should be pointed squarely at the prosecutor’s office in the #Cosby case for making that colossal error.” — former NFL player Damien Woody on Twitter.
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