Bill Cosby home from prison after court reverses sexual assault conviction

June 30 (Reuters) – Bill Cosby was released from prison and returned home on Wednesday, less than two hours after the Pennsylvania Supreme Court overturned his sexual assault conviction, saying he should never have been charged after he had contracted a previous county lawyer without prosecution more than 15 years ago.

The Pennsylvania Supreme Court issued its split decision after Cosby served more than two years of a three- to ten-year prison sentence following his 2018 conviction, which sparked outrage among sexual assault victims and their lawyers.

The 83-year-old actor and comedian was released from a Pennsylvania state prison shortly before 2:30 p.m. (1830 GMT), a correctional department spokesman said.

About an hour later, he arrived at his stately stone mansion in Elkins Park, a suburb of Philadelphia, before appearing in front of a bevy of cameras with his lawyers that late afternoon.

A frail-looking Cosby smiled and nodded when asked if he was happy to be home, but did not speak when reporters shouted questions. Cosby later posted a statement on his Twitter account in which he thanked his supporters and said, “I have not changed my attitude or my story. I have always protested my innocence.”

Cosby is best known for his role as the lovable husband and father in the 1980s television comedy “The Cosby Show”, which earned him the nickname “America’s Dad”.

But his family-friendly reputation was shattered after more than 50 women accused him of multiple sexual assaults in nearly five decades. His conviction was seen as a turning point in the #MeToo movement, which sparked a series of allegations against powerful men in Hollywood and beyond.

Cosby was found guilty in 2004 of drugging and molesting Andrea Constand, an employee of his alma mater Temple University, in his home. Constand’s allegations were the only ones against Cosby that weren’t too old to allow criminal charges.

The court’s decision specifically prohibited prosecutors from bringing Cosby back to court.

In a statement, Constand and her lawyers said they were not only disappointed with the verdict but feared that it might dissuade other victims from seeking justice.

“We remain grateful once again to the women who came forward to tell their stories,” they said.

Montgomery County District Attorney Kevin Steele, who indicted Cosby in 2015, found that a jury found Cosby guilty and that Wednesday’s decision was not based on the facts of the case.

“My hope is that this decision will not dampen reporting of sexual assault by victims,” ​​he said in a statement. “We still believe that no one is above the law – not even the rich, famous and powerful.”

Bill Cosby watches outside his home after the Pennsylvania Supreme Court overturned his sexual assault conviction and immediately released him from prison in Elkins Park, Pennsylvania, the United States, June 30, 2021. REUTERS / Mark Makela

Continue reading

The reaction was quick and many women involved in the #MeToo movement expressed horror at the decision.

“That’s why women don’t get in touch,” wrote E. Jean Carroll, a writer who accused former President Donald Trump of raping her in the 1990s, on Twitter. Trump has denied her claim.

But Phylicia Rashad, Cosby’s co-star on “The Cosby Show,” celebrated the verdict for correcting “a miscarriage of justice.”

“ONLY ONE REMEDY”

The majority in court found that a prosecutor, Bruce Castor, had reached an agreement with Cosby’s attorneys in 2005 not to bring charges after concluding that he could not achieve conviction.

As a result, Cosby could not avoid testifying in a civil lawsuit brought against him by Constand, as defendants can only refuse to testify if they are prosecuted.

In an affidavit, Cosby admitted giving women sedatives to make sexual encounters easier, despite claiming they were consensual. He ended up paying Constand a multi-million dollar settlement.

His admission, which a judge later unsealed in 2015, formed the basis for criminal charges later that year. Steele, who had just partially defeated Castor in the District Attorney election by criticizing him for failing to prosecute Cosby, sued Cosby days before the statute of limitations expired.

Steele’s charge, the Pennsylvania Supreme Court found, was essentially a failure to honor Castor’s earlier promise not to prosecute Cosby, thereby violating his due process rights.

“There is only one means by which Cosby can fully restore the status quo ante,” wrote Judge David Wecht for a four-judge majority. “He must be dismissed and any future charges on these particular charges must be ruled out.”

Another judge said Cosby should stay in jail while two others said prosecutors could try him again without relying on the tainted evidence.

Castor made national headlines in February as a member of former President Donald Trump’s legal defense team during Trump’s impeachment trial in the U.S. Senate. The former prosecutor made a lengthy opening statement that was widely panned by senators, including Republicans.

In an interview, Castor said his deal with Cosby was the only way to ensure he would pay some sort of fine over a civil lawsuit.

“I feel I made the right decision in 2005 and I still do,” he said.

Cosby’s first trial ended in 2017 with an empty jury when the jury was unable to make a unanimous decision on his guilt. But he was found guilty in a second trial after Judge Steven O’Neill allowed prosecutors to phone five previous prosecutors – four more than in the first trial.

Armed with these witnesses, prosecutors argued that Cosby’s attack on Constand was a well-rehearsed crime that he had refined over decades: he befriended younger women and acted as a mentor, often using drugs to sexually abuse them.

Reporting by Joseph Ax in Princeton, New Jersey and Jonathan Stempel in New York; Additional reporting from Karen Freifeld, Lisa Richwine, Barbara Goldberg, and Rich McKay; Adaptation by Alistair Bell and Grant McCool

Our Standards: The Thomson Reuters Trust Principles.