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Article by Jack Phillips from our partners at The Epoch Times.
In an opinion (pdf) vacating his conviction, the court wrote that it found an agreement with a previous prosecutor had prevented the 83-year-old from being charged in the case.
“When an unconditional charging decision is made publicly and with the intent to induce action and reliance by the defendant, and when the defendant does so to his detriment (and in some instances upon the advice of counsel), 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,” the high court wrote.
It concluded that “Cosby’s convictions and judgment of sentence are vacated, and he is discharged.”
Cosby’s publicist, Andrew Wyatt, told ABC News that he will be picking up Cosby to leave prison by the end of Wednesday.
Cosby was accused of drugging and assaulting Costrand, a former Temple University employee, at his home in 2004. He was charged in 2015 for the alleged attack and was arrested just a few days before the statute of limitations expired.
In 2018, a jury convicted Cosby of three aggravated indecent assault counts, and he’s been held at SCI Phoenix, a prison located near Philadelphia ever since.
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But when they looked at “the likelihood of a successful prosecution of Cosby,” said the Supreme Court on Wednesday, a district attorney in 2004 and 2005 “foresaw difficulties with” Cosby accuser Andrea Constand’s “credibility as a witness based, in part, upon her decision not to file a complaint promptly.”
Bruce Castor, who was the district attorney in the 2004 case, “determined that a prosecution would be frustrated because there was no corroborating forensic evidence and because testimony from other potential claimants against Cosby likely was inadmissible under governing laws of evidence,” the Supreme Court wrote on Wednesday.
Castor ultimately concluded that unless Cosby admitted guilt, “there was insufficient credible and admissible evidence upon which any charge against Mr. Cosby related to the Constand incident could be proven beyond a reasonable doubt,” the court noted.
The ruling bars any retrial in the case against Cosby. Two lower state courts had previously refused to overturn Cosby’s conviction.
Other than Constand, a number of women have publicly accused Cosby of assault or inappropriate behavior over the years, with some even alleging that he drugged them. Cosby has maintained his innocence.
New Conservative Network Seeks Crowdfunding Help
They say we have to go big or go home. We’re trying to go big and bring the patriotic truth the the nation, but we need help.
Readers may or may not realize that over the past year, we’ve been bringing more conservative news and opinion outlets under our wing. Don’t take our expansion as a sign of riches; all of the “acquisitions” have been through sweat and promises of greater things to come for all involved. As a result, we’ve been able to bring together several independent media sites under a unified vision of preventing America from succumbing to the progressive, “woke,” Neo-Marxist ideologies that are spreading like wildfire across America.
The slow and steady reopening of America is revealing there was a lot more economic hardship brought about from the Covd-19 lockdowns than most realize. While we continue to hope advertising dollars on the sites go up, it’s simply not enough to do things the right way. We are currently experiencing a gap between revenue and expenses that cannot be overcome by click-ads and MyPillow promos alone (promo code “NOQ” by the way).
To overcome our revenue gap and keep these sites running, our needs fluctuate between $3000-$7000 per month. In other words, we’re in the red and hemorrhaging.
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The best way you can help us grow and continue to bring the truth to the people is by donating. We appreciate everything, whether a dollar or $10,000. Anything brings us closer to a point of stability when we can hire writers, editors, and support staff to make the America First message louder. Our Giving Fuel page makes it easy to donate one-time or monthly. Alternatively, you can donate through PayPal as well.
As the world spirals towards radical progressivism, the need for truthful journalism has never been greater. But in these times, we need as many conservative media voices as possible. Please help keep NOQ Report and the other sites in the network going.
Thank you and God Bless,
We Often Feel Like David Taking on Giants
Today’s Goliath is the Mainstream Media Industrial Complex that brainwashes the masses.
Our mission is very straightforward: To counter the false narratives and nefarious agendas destroying America today. It isn’t easy for obvious reasons; despite incredible growth over the last year we are still a very tiny fish in a huge media pond. But we’re fighting and we will continue to do so, Lord willing, for as long as we possibly can. The battle for America’s present and future is too important for us to back down to the giants that stand in our way.
We need help. I don’t want to say “desperately,” but the need is definitely great. If you have the means, please donate through our GivingFuel page, PayPal, or our brand new GiveSendGo page. Your generosity is what keeps these sites running and allows us to get the truth to the masses. We’ve had great success in growing but we know we can do more with your assistance.
Thank you, and God Bless!