Cosby’s due process rights ‘violated’, Pennsylvania court ruled
Disgraced comedian Bill Cosby’s lawyer told CNN “we believe he will be released from jail this afternoon.”
Attorney Brian Perry said he was on his way to the jail where Cosby is being held following the Pennsylvania Supreme Court ruling to overturn his client’s conviction and trial.
Perry had not yet been able to speak to his client and said that once released he was unsure of where his client would go.
âYes, we are delighted with the Supreme Court’s decision,â Perry told CNN. âWe always believed that was how the case would end.
“We are grateful and happy that not only was the conviction overturned, but that he was acquitted” which means “case closed”. Earlier, a Pennsylvania court spokesman said he could not be appealed in the state of Pennsylvania.
âWe have built a phenomenal appeal team led by Jennifer Bonjean and Barb [Barbara] Zemlock – and we are just thrilled and happy for Mr. Cosby and his family.
Cosby’s attorney told CNN the court overturned the conviction and sentence because it believed the due process rights of comedians had been violated.
Perry said the court looked at the no-prosecution agreement Cosby made with a former prosecutor and how it was relied on during his civil deposition.
“The whole problem was whether one prosecutor could make a deal and another say ‘I don’t care, I’m going to make a new deal'”
The Supreme Court “basically said it wasn’t fair to him”, and at the end of the day “it has to be fair”.
CNN previously reported that a 2015 email sent by former Montgomery County District Attorney Bruce Castor to successor Risa Vetri Ferman – details an apparent verbal agreement the prosecutor had a decade earlier with attorneys for Cosby for Cosby to testify in a 2005 civil sexual assault case against him.
In the email, Castor writes that his intention in making the deal was to create an atmosphere in which Cosby’s accuser, Andrea Constand, would have the best chance of winning in his civil action against the ’78 comedian. years by removing the possibility of Cosby invoking his 5th Amendment right
The deposition became a key piece of evidence, cited by prosecutors as the impetus to reopen the case.
Cosby was ultimately convicted in connection with this incident, then sentenced in 2018 to 10 years in state prison for drugging and sexually assaulting Constand at his home in 2004 – all of whom were released at the highest level of court of state.