Bill Cosby is a free man.
His longtime on-camera wife, Phylicia Rashad, tweeted that a miscarriage of justice [was] corrected. Her tweet followed a high court decision that overturned his sexual assault conviction in late June.
#MeToo founder Tarana Burke spoke directly to survivors soon afterward on Twitter and in a segment of Good Morning America on July 1, reiterating that their healing "isnt determined by a conviction or a prison sentence.
And, former televisionJudge Joe Brown said law separates us from animalsafter repeatedly mentioning that Cosbys due process rights were violated on a video segment with Marc Lamont Hill.Their heated discussion on the evening of July 1 was viewed over 600,000 times and collected 20,000 comments.
Their reactions joined the flurry of debates and outcries on social media, television, radio programs and within social circles.It'sthe latest twist in a yearslong saga that has laid bareemotional triggers and fault linesentangled with law, emotions and facts. Among the frictions: the benefits of power and platform to navigate a system that has historically impacted Black men disproportionately, and other judicial lapses that selectively help some and hurt others, including survivors of sexual assault. In essence, there is direct conflict between thetwomost dominant social movements of the past few years: MeToo and justice system reform.
In the eyes of the law, prosecutors were held accountable for the handling of Cosby's case,but in the eyes of onlookers, commenters and more hes still a sexual predator.
Cosby was convicted in 2018of drugging and molestingAndrea Constand.He was servingathree- to 10-year sentence at a state prison near Philadelphia buthad vowed to serve all 10 years rather than acknowledge any remorse over the 2004 encounter with the Temple University employee at his suburban estate.
The Supreme Court of Pennsylvania overturned his sexual assault conviction on June 30 because of a "procedural issue that is irrelevant to the facts of the crime,"Kevin Steele, the Montgomery County district attorney who convicted Cosby, said in a statement to USA TODAY.
Ayesha Bell Hardawaywould beremissto calltheCosbytrialviolation a technicality.
But itwasunique.
The rules of engagement for litigators are critical and are what we are taught to believe can significantly impact the outcome of a case, said the assistant professor of law and director of the Criminal Defense Clinic at Case Western Reserve University School of Law in Cleveland. Hardaway is also co-director of the Social Justice Institute and director of the Social Justice Law Center.
Historic realities seep from thecase, Hardaway said.
In regard topeople ofcolor, specifically Black men, who havelongbeendisproportionallyimpactedby the judicial system,theserules of engagement aredesigned specifically to stack up against the possibility of them having a fair trial, she said.
But cases like Cosbys a powerful, wealthy Black man do not match the typical experience of Black people in the criminal justice system.Think Walter McMillian,Robert McClendon, Ricky Jackson, and Laurese Glover, who collectively served over 80 years behind barsfor crimes they did not commit. They were all exonerated years after the fact.
As for Cosby, the remedy in this case came from the Supreme Court of Pennsylvania,Hardaway said. It did not come at the trial-court level. It did not comeatthe first appellate court level.Unfortunately, the historical unfairness,injustice that's built into the legal system for Black and brown defendants didn't necessarily provide any relief.
The commonwealths highest court, examining the casede novo,found Cosby's trialunfair because prosecutors used damaging evidence that Cosby turned over in a civil case, even though former District Attorney Bruce Castor told him and the publicyears earlierthose charges were off the table.
It wasnt just a technicality but "gross prosecutorial abuse" that eventually set Cosby free, said Jody Armour, a University of Southern California professor who studies the intersection of law and race. That misconduct landed him in a cage for two years. Armour said its hard to say what is appropriate" as far as Cosby's punishment, but he believes two years imprisonment is about right.
The deal itselfan unwritten non-prosecution agreementis rareon a typical legal battlefield.Such agreementsaremore oftenallottedinhigh-profilecases,Hardaway explained, and Cosbys fit the billas the alleged victim, Constand, brought forward acivillawsuit.
Back in the courtroom, from the first jury to the second trial, a judge letina significant amount of evidence that could be deemed prejudicialtippingthe scales in favor of the prosecution.
In effect, the opinion concluded, Cosby was forced to give up his Fifth Amendment rightsprotecting self-incrimination.
What's notable here is that he had the resources and the ability to hire lawyers that were,I'm sure,working full time on his case,Hardaway said, notingthecelebrityfigureslegal teamwould havekept anexhaustiverecord throughoutyears of legal proceedings.
Fortheaverage defendant, perhaps unable to afford apersonallawyer,the story mayhave gone differently.
I want us to recognize that were talking about real pain and suffering, Armour said. Even two years is real punishment.
Armour added that two facts can be true at the same time: Cosby experienced prosecutorial abuse while also guilty of gross misconduct.
Others question the system as a whole, and as it applies to the rich and the poor.
April Reign is the creator of OscarsSoWhite and is vice president of content strategy for Overture Globals Ensemble. Her initial reaction to Cosby's release was that "the prosecution should have done a better job.
"If the system is broken for one person, itis broken for everyone," she said.
Rashad isn'talone in applauding the release of her old friend. A divide continues to deepenbetween supporters and non-supporters as evidenced by the continued back-and-forth between opposing sides.
Reign saidthere is a difficulty in "separating the art from the artists" in society. Mr. Huxtable from "The Cosby Show" is a character once beloved as "America's dad." He's not the man who was convicted and ultimately released.
There are way too many examples of Black men who should be exonerated, Reign said as she explained that she refers to the criminal justice system as the criminal "legal" system because Black and brown people do not get justice.
Cosby wasnt exonerated, but the stance that hisrelease is a way getting off or beating the system stems from a history of Black men getting less fair treatment in the courtroom.
I definitely understand why part of Black America celebrated his release because there is a long history of Black people and Black men in particular being railroaded by the criminal justice system, Sherri Williams said.
Williams is an assistant professor in race, media and communications at American University in Washington, D.C.
The sentiment that celebrations are in order, regardless of guilt, when a Black man gets the better end of the justice system is not a new phenomenon, but it comes at a cost.
Williamswas in college when Mike Tyson was convicted of raping Desiree Washington in 1992. Tyson was given a 10-year prison sentence with the last four years suspended. Not only was Tyson relentlessly supported throughout the process, she recalled, but victim blaming was tremendously present.
The message?
When or if you come forward, there will be no support for you but there will be support for your predator, Williams said.
That trend of support is sacrificing the protection of Black women and girls in order to uphold Black patriarchy.
Nearly five dozen women, with testimonies that span decades, have accused Cosby of sexual assault. He was one of the first individuals during the #MeToo movement to be convicted.
The prosecutions successful conviction of Cosby is something to be heartened by from the standpoint of holding people accused of sexual assault accountable, Armour, the University of California professor,said. With the final result of Cosbys case, though, victims of sexual violence feel disheartened about justice working in their favor.
Were dealing with social attitudes that jurors bring into the jury box, Armour said. On top of that, you give [accusers] the beyond a reasonable doubt standard and you have a mountain to climb.
Cosby's release was not only a shock to the movement, but it added more questions to thehandling of rape culture in general for all survivors.
One in four women hasexperienced rape or an attempted rape during their lifetimes, according to the #MeToo website.
Sonya Martinez-Ortiz, a therapist and executive director at the Rape Recovery Center in Salt Lake City, told USA TODAY that nearly 80% of survivors do not report.
Said Reign, the OscarsSoWhite creator: What incentive is there for people who are assaulted to come forward when these are the results?
Ricardo Kaulessar and Matthew Korfhage of the USA TODAY Network'sAtlantic Region How We Live team contributed to this story.
Jasmine Vaughn-Hall is a culture reporter for the USA TODAY Network's Atlantic Region How We Live team. Contact her at jvaughnhal@ydr.com or (717) 495-1789. Follow her on Facebook (@JasmineVaughnHall),Twitter (@jvaughn411), and Instagram (@jasminevaughnhall).
See the original post:
Cosby case rips open wounds that just won't heal. Here's why. - York Daily Record
- VANDA Pharmaceuticals States a Fifth Amendment Claim against the Government for Taking a Trade Secret - Trade Secrets Trends - February 13th, 2024 [February 13th, 2024]
- Attorneys argue shooters Fifth Amendment rights on the 4th day of the Jennifer Crumbley trial - Detroit News - January 27th, 2024 [January 27th, 2024]
- Judge will not allow Michigan school shooter to testify in mother's trial if he invokes the Fifth Amendment - AppleValleyNewsNow.com - January 27th, 2024 [January 27th, 2024]
- Shamoon v. Resideo: Obviousness affirmed - Patently-O - August 12th, 2023 [August 12th, 2023]
- Billings County sued over eminent domain as bridge dispute rekindles - Bismarck Tribune - August 12th, 2023 [August 12th, 2023]
- 'Tyler' and a Call for Reform of the New Jersey Tax Foreclosure ... - Law.com - August 12th, 2023 [August 12th, 2023]
- "Like fatter Tony Soprano Attending the Arraignment and "Effect[ing ... - Emptywheel - August 12th, 2023 [August 12th, 2023]
- Call to faith-based leaders to help end violence; Parents need to pay ... - Capital Gazette - August 12th, 2023 [August 12th, 2023]
- "Stunning development": Experts say Trump target letter is surest ... - Salon - June 12th, 2023 [June 12th, 2023]
- LIV, PGA drop a bombshell on Washington - POLITICO - June 12th, 2023 [June 12th, 2023]
- Congressman Matt Gaetz Introduces Resolution to Hold Former ... - Congressman Matt Gaetz - June 12th, 2023 [June 12th, 2023]
- It's time to end home equity theft in Maine - Bangor Daily News - June 12th, 2023 [June 12th, 2023]
- Louisiana's Sabine River Authority Not Entitled To Sovereign Immunity - The Energy Law Blog - May 28th, 2023 [May 28th, 2023]
- Ninth Circuit Finds that Criminal Reentry Provision Not Driven by ... - Immigration Blog - May 28th, 2023 [May 28th, 2023]
- Ken Paxton Impeached on 20 Charges Including Bribery ... - The Texan - May 28th, 2023 [May 28th, 2023]
- Simply losing it: Bitter fight brews over federal judges forced retirement effort - Yahoo News - May 28th, 2023 [May 28th, 2023]
- Worth County Board of Supervisors Meeting (LIVE) - KIOW.com - May 28th, 2023 [May 28th, 2023]
- Trump Organization finishes last in brand reputation survey for second straight year - The Hill - May 28th, 2023 [May 28th, 2023]
- They held down a Black teen who tried to shoplift. He died from ... - Wisconsin Examiner - May 28th, 2023 [May 28th, 2023]
- What is the Fifth Amendment, and how has it been used? : NPR - March 31st, 2023 [March 31st, 2023]
- Tmc the Metals Company Inc. Enters into Fifth Amendment to Pilot Mining Test Agreement and Third Amendment to Strategic Alliance Agreement, Which Is... - February 20th, 2023 [February 20th, 2023]
- Interpretation: The Fifth Amendment Due Process Clause | Constitution ... - January 31st, 2023 [January 31st, 2023]
- Fifth Amendment invoked to the point of 'unintentional hilarity' by Jan ... - December 26th, 2022 [December 26th, 2022]
- Why Did Trump Plead The Fifth Amendment?What We Do Know ... - Newsweek - October 25th, 2022 [October 25th, 2022]
- Understanding the Fifth Amendment Right to Remain Silent - October 19th, 2022 [October 19th, 2022]
- US Government for Kids: Fifth Amendment - Ducksters - October 19th, 2022 [October 19th, 2022]
- Donald Trump loves to plead the Fifth. It won't save him this time. - MSNBC - October 19th, 2022 [October 19th, 2022]
- Everything You Ever Wanted to Know About Georgia Special Purpose Grand Juries But Were Afraid to Ask - Lawfare - October 19th, 2022 [October 19th, 2022]
- Citing double jeopardy, Fargo man who killed 14-year-old Jupiter Paulsen wants murder conviction dropped - INFORUM - October 19th, 2022 [October 19th, 2022]
- Nicki Clyne: What Happened to NXIVM Member and Where Is She Now? - Newsweek - October 19th, 2022 [October 19th, 2022]
- New York AG Asks Judge to Prevent Trumps From Hiding Assets Mother Jones - Mother Jones - October 15th, 2022 [October 15th, 2022]
- Trump Will Finally Have to Face Questions About Alleged Rape, Judge Rules - VICE - October 15th, 2022 [October 15th, 2022]
- 'In the Heat of the Night' star Lee Grant on working with Sidney Poitier and being blacklisted by Hollywood - Yahoo Entertainment - October 15th, 2022 [October 15th, 2022]
- THE OTHER SIDE: Orange Jesus took the Fifth - theberkshireedge.com - October 6th, 2022 [October 6th, 2022]
- BNP Paribas : 5th amendment to the 2021 Universal Registration Document - Marketscreener.com - September 29th, 2022 [September 29th, 2022]
- Tlingit tribal member shares his story of helping the Yakamas get Mount Adams back - Yakima Herald-Republic - September 29th, 2022 [September 29th, 2022]
- Trump Pleading the Fifth Might Have Doomed Him in Civil Case - Newsweek - September 27th, 2022 [September 27th, 2022]
- Why is Kevin McCarthy Promising to Remove Parents from the Terrorist Watch List? - Daily Kos - September 27th, 2022 [September 27th, 2022]
- Alex Jones said he may have to plead the Fifth as he's set to testify - Insider - September 27th, 2022 [September 27th, 2022]
- USS Fitzgerald and ACX Crystal collision: The Fifth Circuit Court of Appeals delineates the reach of personal jurisdiction - GARD - September 9th, 2022 [September 9th, 2022]
- Trump investigation tracker: Keeping up with Trump's many legal issues - Grid - September 9th, 2022 [September 9th, 2022]
- Bo Dukes's conviction to stand following motion for new trial - Douglas Now - September 9th, 2022 [September 9th, 2022]
- VAIL RESORTS INC : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet... - September 9th, 2022 [September 9th, 2022]
- It's brother vs. brother at trial over NYC slaying of mobbed-up dad, 'Sally Daz' Zottola - New York Post - September 9th, 2022 [September 9th, 2022]
- Letters: Boater offers different perspective on the Playpen - Chicago Tribune - September 9th, 2022 [September 9th, 2022]
- Michael Flynn: From Government Insider to Holy Warrior - PBS - September 9th, 2022 [September 9th, 2022]
- Hamel found guilty of Athol murder, sentenced to life in prison - The Recorder - September 9th, 2022 [September 9th, 2022]
- Biden Slowly Winning LBJ- and FDR-Like Praise As Legislative Victories Mount - Seattle Medium - September 9th, 2022 [September 9th, 2022]
- Vice Principals, the Fifth Amendment, and Negative Inferences - JD Supra - August 30th, 2022 [August 30th, 2022]
- PERMA FIX ENVIRONMENTAL SERVICES INC : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an... - August 30th, 2022 [August 30th, 2022]
- Letter: Invoking the Fifth Amendment is not an admission of guilt - INFORUM - August 29th, 2022 [August 29th, 2022]
- Taking the Fifth, FBI attacked: 5 takeaways of Gov. Whitmer kidnap trial - MLive.com - August 29th, 2022 [August 29th, 2022]
- How much money could Donald Trump have to pay in fines if his businesses are penalized? - AS USA - August 29th, 2022 [August 29th, 2022]
- A high stake debate and tension at the GOP convention: Your guide to Michigan politics - MLive.com - August 29th, 2022 [August 29th, 2022]
- We Can Be Framers Too - The Atlantic - August 29th, 2022 [August 29th, 2022]
- For 38 Years of American History, There Has Been No Vice President - History News Network - August 8th, 2022 [August 8th, 2022]
- Emmett Till is gone. The quest for justice lives on. - New York Daily News - August 8th, 2022 [August 8th, 2022]
- 'A bold-faced LIE': St. Louis mayor blasts Black police officer groups criticism of oversight bill - KSDK.com - August 8th, 2022 [August 8th, 2022]
- He has done more to further the cause of hate in the US than almost anyone: the rise and fall of Alex Jones - The Guardian - August 8th, 2022 [August 8th, 2022]
- Even the District Attorney Believed Joaquin Ciria Was Innocent. Why Did It Take So Long to Set Him Free? - POLITICO - August 8th, 2022 [August 8th, 2022]
- Understanding the Constitution: Why It Doesn't Protect the Unborn - The Epoch Times - August 6th, 2022 [August 6th, 2022]
- Former fugitive charged with rape in Deerfield case demands new lawyer - The Recorder - August 6th, 2022 [August 6th, 2022]
- Sources: Donald Trump Jr., Ivanka Testify Before NY AG's Office in Finance Probe, Neither Pleads the 5th - NBC New York - August 6th, 2022 [August 6th, 2022]
- Time running out to try Catherine Hoggle for the disappearance, suspected murder of her 2 kids - WUSA9.com - August 6th, 2022 [August 6th, 2022]
- Trump faces uphill fight on executive privilege in DOJ probe - POLITICO - August 6th, 2022 [August 6th, 2022]
- Charles Milliken: Defining what exactly is a 'right' - Monroe Evening News - July 31st, 2022 [July 31st, 2022]
- How grand juries work and why Jan. 6 prosecutors are relying on them - Salon - July 31st, 2022 [July 31st, 2022]
- Roe, Dobbs and women's rights New York Daily News - New York Daily News - July 31st, 2022 [July 31st, 2022]
- Partisan congressional hearings are a threat to all citizens - Monroe Evening News - July 31st, 2022 [July 31st, 2022]
- 9 years after a UIW police officer shot student Cameron Redus, the case is going to trial - San Antonio Express-News - July 31st, 2022 [July 31st, 2022]
- Outcome of first kidnapping trial can't be used as evidence in second trial, judge rules - Michigan Radio - July 31st, 2022 [July 31st, 2022]
- Washington County woman held in death of 5-year-old son - Herald-Mail Media - July 31st, 2022 [July 31st, 2022]
- What Did the Dissenting Justices Think About the Power of Military Authorities & More - The Soldiers Project - July 31st, 2022 [July 31st, 2022]
- Whipping the votes in Suffolk - Newsday - July 31st, 2022 [July 31st, 2022]
- If Trump Takes the Fifth, Is He Guilty? - Law & Crime - July 29th, 2022 [July 29th, 2022]
- Anambra House of Assembly Passes 5th Amendment Bills - TVC News - July 29th, 2022 [July 29th, 2022]
- How do grand juries work? Their major role in criminal justice, and why prosecutors are using them to investigate efforts to overturn the 2020... - July 29th, 2022 [July 29th, 2022]
- We need to hear the unbiased story - Villages-News - July 29th, 2022 [July 29th, 2022]
- Outcome of first kidnapping trial can't be used as evidence in second trial, judge rules - WKAR - July 29th, 2022 [July 29th, 2022]
- LOVERRO: The weight on Rivera's shoulders is inevitably about much more than football - Washington Times - July 29th, 2022 [July 29th, 2022]