Last night, I was startled by a headline about the man who was once called “America’s Dad”. Bill Cosby, who has spent the best part of the last three years in a Pennsylvania prison for drugging and sexually assaulting Andrea Constand in 2004, was released from the joint on a technicality. The Pennsylvania Supreme Court overturned Cosby’s 2018 conviction for sexual assault, for which Cosby was sentenced to 3 to 10 years in a maximum security prison. As of September, Cosby would have served the minimum time of three years.
Cosby was released because of a “non-prosecution agreement” he had with a previous prosecutor who had decided not to prosecute Cosby for sexual assault. The agreement meant that Cosby should not have been charged. Although more than sixty women have come forward to allege that Cosby had also victimized them, the statute of limitations has passed, making any future prosecution unlikely. According to The New York Times:
In their 79-page opinion, the judges wrote that a previous prosecutor’s statement that Mr. Cosby would not face charges, which paved the way for Mr. Cosby to testify in a civil trial, meant that he should not have been charged in the case. It was a 6-to-1 ruling, with two of the judges in the majority dissenting on the remedy, which barred a retrial.
In 2005, Cosby was investigated following allegations from Andrea Constand that he had given her drugs and sexually assaulted her. Former Montgomery County district attorney, Bruce L. Castor, had stated in a press release, at the time, that he had found “insufficient evidence” to criminally prosecute Cosby. Ms. Constand then brought a civil suit against Cosby, which they settled in 2006. Cosby eventually paid Constand $3.38 million. In the course of that civil suit, Cosby made incriminating statements against himself, based on assurances by Castor that he would not be held criminally liable.
In December 2015, Bruce L. Castor’s successors reopened the criminal case against Cosby, just days before the 12 year statute of limitations would have expired. Over 60 women had come forward to accuse Cosby of sexually assaulting them– the case was gathering steam just as the #MeToo movement was heating up, which no doubt increased pressure for Cosby to be convicted.
Cosby had admitted during the 2006 civil suit that he had given “quaaludes to women he was pursuing for sex”. That evidence was used in the criminal case against him in 2015, but because he’d had that agreement with Castor, he never should have been charged. Consequently, the Pennsylvania Supreme Court ruled that “…in light of these circumstances, the subsequent decision by successor D. A.s to prosecute Cosby violated Cosby’s due process rights.”
Although I know a lot of people are disappointed that Cosby was released, personally, I don’t have much of a problem with it. Cosby is almost 84 years old, essentially blind, and extremely unlikely to repeat his crime. I doubt any women will be visiting him in an attempt to bolster their careers. I also doubt any women with sense would accept drinks or pills from Mr. Cosby. Any women that would do that should have their heads examined.
Cosby definitely should have been prosecuted years ago, but he wasn’t. And it does sound like his rights to due process were violated. Since I would hope for fairness and due process if I, or someone I love, was ever accused of a crime, I expect proper due process for other people. That includes people who are clearly guilty, which I believe wholeheartedly that Cosby is.
We should all remember that the fact that Cosby was released from prison on a technicality doesn’t make him any less culpable in his crimes against women. His reputation and career are now pretty much ruined. Hopefully, he’ll go home and live out his remaining years quietly with his faithful wife, Camille. Unfortunately, I don’t think Cosby will keep quiet. He’s always fancied himself someone with something to say, and I suspect being released from prison will embolden him. In fact, after being released, Cosby “called in to local Philadelphia radio station WDAS-FM, where he said the audience needed ‘clarity, they need guidance.'”
“Because this is not just a Black thing,” Cosby said. “This is for all the people who have been imprisoned wrongfully regardless of race, color, or creed. Because I met them in there. People who talked about what happened and what they did. And I know there are many liars out there.”
Camille Cosby, made some shameful comparisons of Cosby’s case to that of Emmett Till’s. Emmett Till was a black fourteen year old boy who was lynched in 1955 after being accused of “leering” at a white woman. Mrs. Cosby also blamed the media for “demonizing” Bill Cosby– although Cosby had no issues using the media to promote his long and successful career. It just doesn’t wash… but at least now that Cosby’s been released, some of the accusations of racism regarding his case might be put to rest.
As for Bruce L. Castor, he’s gone on to bigger things. This year, he served as a lawyer for Trump during his second impeachment trial. Castor says that he feels “exonerated” by the ruling allowing Cosby his freedom. According to The New York Times, Castor said:
“I was right back in 2005 and I’m right in 2021… I’m proud of our Supreme Court for having the courage to make an unpopular decision.”
Except Cosby actually admitted to drugging women he was pursuing for sex. Castor didn’t find sufficient evidence in 2005 to prosecute “America’s Dad”, but clearly Cosby was guilty. I don’t quite understand why Castor would congratulate himself for not finding evidence against Cosby in 2005, when it’s quite clear that Cosby had a long standing habit of sexually assaulting women and getting away with it.
I do think it’s good that Cosby went to prison. I’m sure that experience was very humiliating and educational for him, although upon his release from the joint, Cosby is claiming that a lot of people who have been imprisoned are innocent and have been victimized by “liars”. That may be true. There may be people in prison who don’t belong there. However, I don’t believe Cosby is among the innocent people who were falsely imprisoned. He openly admitted to drugging women he was pursuing for sex. Cosby’s release is strictly because court officials screwed up– not because someone “lied”.
I think Andrea Constand should be commended for bravely coming forward and doing her part to stop Cosby from hurting other women. If Cosby were younger and still posed a serious threat to women, I might be much more outraged that he’s been released from prison. But I honestly don’t think he will continue his habit of drugging and raping women. As a general rule, I think prison should be for people who are violent and pose a threat to others. That’s just my personal opinion.
I know a lot of people think Cosby should continue to rot in prison to serve as an “example” to others. But in my experience, people who are narcissistic criminals aren’t influenced by what happens to others. They think they’re above it, and they don’t ever expect to get caught. Cosby got away with his crimes for years. Why shouldn’t he have believed that he’d continue to get away with what he was doing? He didn’t learn from watching O.J. Simpson go to prison, did he? I notice we *finally* don’t hear much from O.J. anymore.
And look at Trump. Trump openly admitted to assaulting women and countless women have accused him of assaulting them, including a teenaged girl. Yet he was the president, and many people still want him to lead the country, despite his dismal record and obviously terrible leadership. Unfortunately, Americans are often hesitant to punish powerful, charismatic men. The proof of that is in the Jello Pudding Pop…
Anyway… while I empathize with everyone who is disappointed that Cosby is out of prison now, I don’t see how being outraged about this will make things better. What’s done is done. Cosby can’t be prosecuted again for this crime. That’s a feature of our legal system. So my being outraged about Cosby’s release will do nothing more than raise my blood pressure. Given the state of the world today, and the rising numbers of people getting sick with new variants of COVID-19, I figure I have bigger fish to fry. So since I can’t do anything about this, I wish Mr. Cosby luck, and I hope he stays out of trouble. He would do well to STFU and be grateful, too… maybe show some humility. I don’t think he will, though. His kind never does.