Wendy Murphy: Cosby ruling opens floodgates for legal deals

Bill Cosby’s multiple rape convictions involving a victim named Andrea Constand were just overturned by the Pennsylvania Supreme Court. The court said Cosby never should have been prosecuted because a district attorney named Bruce Castor in 2005 told Cosby he would not be prosecuted for any crimes he committed against Constand.

To say the ruling came as a surprise would be an understatement because several courts had already ruled there was no binding agreement between Cosby and Castor. There was nothing in writing or signed by Castor, and Castor himself said in 2005 that he might change his mind. In other words, Castor simply exercised his discretion not to charge Cosby in 2005. Prosecutors do this all the time, but it is never binding on future district attorneys, and it is certainly not an enforceable promise.

Nonetheless, the Pennsylvania Supreme court basically said Cosby was granted immunity by Castor, even though immunity requires a written deal explaining why a prosecutor is giving someone immunity, as well as court approval and there was neither. The court simply said that when a prosecutor makes a promise, the promise has to be respected.

Curiously, the same Pennsylvania Supreme Court rejected Cosby’s appeal on the same issue only a few years ago, prior to trial. His legal team filed an appeal to have the charges dismissed before trial on the grounds that Castor had promised Cosby he would not be prosecuted. The court denied the appeal and the case was allowed to go forward.

Not only does the court’s new ruling open the prison gates for Cosby, it opens a floodgate of legal trouble for everyone in Pennsylvania by giving prosecutors carte blanche to hand out immunity deals without telling the public or getting judicial approval. So if another rich guy like Cosby makes a secret deal with a prosecutor and a dangerous criminal walks free, there is no oversight or accountability no matter how unjust the deal.

Cosby’s team was quick to characterize the ruling as a “victory for Black America,” which is insulting to all the people in Black America who lack Cosby’s wealth and influence and have no hope of getting special deals from the district attorney. When wealthy men of any color avoid prison they perpetuate systemic racism; hardly a victory for anyone in America, but especially Black men. And let’s not forget that Bill Cosby victimized many Black women, who are part of Black America. There’s no justice for them in the decision to release Cosby.

Cosby committed countless hate crimes against dozens of women. He targeted and groomed his victims and in many cases reportedly used the weapon of victim intoxication. Cosby’s M.O. involved allegations of drugging his victims and then attacking them while they were unconscious or defenseless.

If an ordinary person committed horrendous crimes against any other class of people, based on race, religion, ethnicity, etc., there would be protests in the streets. There should be protests in the streets against Bill Cosby.

The two years Cosby served for raping Andrea Constand breaks down to approximately 12 days in prison for each of his 58 victims, roughly what a guy gets for petty larceny. Rape is more like murder than petty larceny.

Prosecutors in other states where Cosby is accused of committing crimes should now step up and file new charges because justice has not been served. Cosby is accused of victimizing women in many other states, including Michigan, Illinois, Georgia and New Jersey, which have no statute of limitations, or the limitation period stopped running when Cosby left the state.

Charges could still be filed in these states, and I can think of no better way to celebrate our nation’s birthday than to watch a prosecutor announce on the news that justice for all of Cosby’s victims will, once again, be served.

from Boston Herald https://ift.tt/3ybKky4