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"Bill Cosby Freed: Why His Sexual-Assault Convictions Were Thrown Out"

The National Review reported:

There is really no doubt that Cosby is guilty of being a sexual predator. The problem is that he was gulled into acknowledging this fact by a prosecutor, who had assured him that, the case against him being weak, he would not be charged. The hardest thing about being a prosecutor is that your two most basic responsibilities — proving the case and vindicating the accused’s constitutional protections — are in tension with each other. In this instance, the Pennsylvania prosecutors failed to respect the latter in pursuit of the former.

In a nutshell, relying on the assurance by the Montgomery County district attorney that he would not be prosecuted, Cosby agreed to testify in a civil case brought against him by Andrea Constand, then a Temple University employee whom he had sexually assaulted in 2004. Cosby made damaging admissions and paid a steep settlement.

Subsequently, political pressure to charge the actor had intensified because numerous women made similar allegations that he abused them. The alleged assaults followed a pattern in which Cosby would drug the women, rendering them unable to resist. Meantime, Montgomery County had gotten a new district attorney. In this spotlight, the new prosecutor reneged on his predecessor’s non-prosecution assurance. The state rationalized that, even if Cosby had in fact been assured of non-prosecution and had acted on that commitment to his detriment, a formal immunity agreement had not been perfected before a court. []


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