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Court overturns Bill Cosby’s sex assault conviction, bars further prosecution

https://www.pacourts.us/assets/opinions/Supreme/out/J-100-2020mo%20-%20104821740139246918.pdf?cb=1


"In 2005, Montgomery County District Attorney Bruce Castor learned that Andrea Constand had reported that William Cosby had sexually assaulted her in 2004 at his Cheltenham residence. Along with his top deputy prosecutor and experienced detectives, District Attorney Castor thoroughly investigated Constand’s claim. In evaluating the likelihood of a successful prosecution of Cosby, the district attorney foresaw difficulties with Constand’s credibility as a witness based, in part, upon her decision not to file a complaint promptly. D.A. Castor further 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 collective weight of these considerations led D.A. Castor to conclude that, unless Cosby confessed, “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.”


DECIDED: June 30, 2021


Cosby had been accused of drugging and molesting Constand at his estate in 2004. He was charged in 2015 for the alleged attack and arrested just days before the 12-year statute of limitations expired.


Originally, the trial judge had allowed just one other accuser to testify at Cosby’s first trial. However, after the jury deadlocked, the judge then allowed five other accusers to testify at Cosby’s retrial.


The Supreme Court also reviewed Cosby’s argument that he had an agreement with a former prosecutor that he would never be charged.




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