Pennsylvania DA Appeals Bill Cosby Ruling to U.S. Supreme Court

Kevin Steele, the district lawyer from Montgomery County, Pennsylvania, who put Bill Cosby in jail in 2018, has filed an enchantment to the U.S. Supreme Court to reinstate the disgraced comic’s conviction. Cosby was launched from jail on June 30 after the Pennsylvania Supreme Court dominated that former prosecutor Bruce Castor’s choice to not prosecute Cosby in 2005 ought to have prevented him from being charged by a successor D.A. in 2015.

In the petition to the U.S. Supreme Court, Steele’s workplace known as the Pennsylvania courtroom’s ruling “a dangerous precedent.”

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“A prosecution announcement not to file charges should not trigger due process protections against future criminal proceedings because circumstances could change, including new incriminating statements by the accused,” the prosecutor’s workplace argued.

Cosby, 84, was convicted in 2018 and was sentenced to 3 to 10 years in jail for sexually assaulting Andrea Constand at his Philadelphia home in 2004. He served nearly three years of his sentence earlier than his June launch.

The D.A.’s petition to the Supreme Court argues that the Pennsylvania ruling raises points below the Constitution’s due course of clause. In a press launch accompanying the submitting, Steele argues: “The question presented to the Court is: ‘Where a prosecutor publicly announces that he will not file criminal charges based on lack of evidence, does the Due Process Clause of the Fourteenth Amendment transform that announcement into a binding promise that no charges will ever be filed, a promise that the target may rely on as if it were a grant of immunity?’”

Cosby’s spokesman, Andrew Wyatt, issued an announcement blasting the prosecutor’s workplace for asking the Supreme Court to “throw the Constitution out the window.”

“There is no merit to the DA’s request which centers on the unique facts of the Cosby case and has no impact on important federal questions of law,” Wyatt mentioned. “This is a pathetic last-ditch effort that will not prevail. The Montgomery County’s DA’s fixation with Mr. Cosby is troubling to say the least.”

Constand reported the assault to police in January 2005. A month later, the then Montgomery County District Attorney, Castor, issued a press launch stating that his workplace had determined to not file expenses within the case.

Cosby then gave deposition testimony in a civil lawsuit Constand had filed, by which he acknowledged giving Quaaludes to different ladies. Constand finally settled the go well with for $3.38 million. In 2014, dozens of ladies — a few of whom had accused him for years — got here ahead with related allegations to Constand’s that Cosby had drugged and sexually assaulted them.

Steele was elected district lawyer in 2015, having criticized Castor’s dealing with of the case throughout his marketing campaign. Cosby was charged in December 2015. Cosby’s attorneys argued on the time that Steele’s workplace had ignored Castor’s promise to not prosecute. They additionally contended that Cosby would have invoked his Fifth Amendment proper to not testify within the civil case if he believed he was at risk of legal prosecution.

The trial courtroom held a listening to on that problem, and located that Castor had not really made such an settlement. Castor has pointed to the press launch because the written report of the settlement, although the discharge doesn’t embody language about immunity from future prosecution. Cosby’s first trial led to a hung jury, however he was convicted on the second trial in 2018. Prosecutors used Cosby’s deposition testimony in each trials.

In June, the Pennsylvania Supreme Court overturned the conviction on a 6-1 vote, discovering that Cosby had relied on Castor’s promise to not prosecute when he gave his incriminating deposition testimony.

Since his launch from jail, Cosby has largely remained out of the general public eye. He’s executed no high-profile interviews, and regardless of Wyatt’s guarantees, Cosby hasn’t introduced a return to the stage or any future tasks.

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