appeal - Bad Sporters https://www.badsporters.com News Blogging About Athletes Being Caught Up Wed, 24 Jun 2020 02:22:44 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.2 Bill Cosby wins right to appeal his 2018 conviction on sexual assault charges https://www.badsporters.com/2020/06/24/bill-cosby-wins-right-to-appeal-his-2018-conviction-on-sexual-assault-charges/ https://www.badsporters.com/2020/06/24/bill-cosby-wins-right-to-appeal-his-2018-conviction-on-sexual-assault-charges/#respond Wed, 24 Jun 2020 02:22:44 +0000 https://badsporters.com/?p=7633 In a stunning decision that could test the legal framework of #MeToo cases, Pennsylvania’s highest court will review the trial decision to let five other accusers testify at Bill Cosby’s sexual assault trial in 2018, which ended with the longtime TV star’s conviction. Bill Cosby. Source: Associated Press Cosby, 82, has been imprisoned in suburban […]

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In a stunning decision that could test the legal framework of #MeToo cases, Pennsylvania’s highest court will review the trial decision to let five other accusers testify at Bill Cosby’s sexual assault trial in 2018, which ended with the longtime TV star’s conviction.

Bill Cosby.
Source: Associated Press


Cosby, 82, has been imprisoned in suburban Philadelphia for nearly two years after a jury convicted him of drugging and sexually assaulting a woman at his home in 2004. He’s serving a three- to 10-year sentence.

The Supreme Court has agreed to review two aspects of the case, including the judge’s decision to let prosecutors call the other accusers to testify about long-ago encounters with the actor and comedian. Cosby’s lawyers have long complained the testimony is remote and unreliable.

The court will also consider, as it weighs the scope of the evidence allowed, whether the jury should have heard Cosby’s own deposition testimony about getting quaaludes to give women in the past.

Secondly, the court will examine Cosby’s argument that he had an agreement with a former prosecutor that he would never be charged in the case. Cosby has said he relied on the alleged promise before agreeing to give the deposition in trial accuser Andrea Constand’s lawsuit.

Those issues have been at the heart of the case since Cosby was charged in December 2015, days before the 12-year statute of limitations expired.

Prosecutors in suburban Philadelphia had reopened the case that year after The Associated Press fought to unseal portions of Cosby’s decade-old deposition in Constand’s sex assault and defamation lawsuit. Cosby paid $5.2 million to settle the lawsuit in 2006.

Cosby, in the deposition, acknowledged a string of extramarital relationships. He called them consensual, but many of the women say they were drugged and molested.

Dozens came forward in the years that followed to accuse Cosby, long beloved as “America’s Dad” because of his hit 1980s sitcom, of sexual misconduct. Montgomery County Judge Steven O’Neill allowed just one of them to testify at Cosby’s first trial in 2017, which ended with an acquittal.

But a year later, after the #MeToo movement exploded in the wake of reporting on Hollywood mogul Harvey Weinstein and other powerful men, the judge allowed five other accusers to testify at the retrial. The jury convicted Cosby on all three felony sex-assault counts.

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Sex offender Bill Cosby’s bid for new trial rejected by judge

Lawyer Brian W Perry argued in the appeal that letting other accusers testify in #MeToo cases “flips constitutional jurisprudence on its head, and the ‘presumption of guilt,’ rather than the presumption of innocence, becomes the premise.”

However, the judge said he found “striking similarities” in the women’s descriptions of their encounters with Cosby, and said the testimony was therefore permissible to show evidence of a “signature crime.”

“In each instance, (he) met a substantially younger woman, gained her trust, invited her to a place where he was alone with her, provided her with a drink or drug, and sexually assaulted her once she was rendered incapacitated,” O’Neill wrote in a post-trial opinion. “These chilling similarities rendered (their) testimony admissible.”

Spokesman Andrew Wyatt on Tuesday said the decision comes as demonstrators across the nation protest the death of Black people at the hands of police and expose the “corruption that lies within the criminal justice system.”

“The false conviction of Bill Cosby is so much bigger than him — it’s about the destruction of ALL Black people and people of color in America,” Wyatt said in a statement.

Constand, a former professional basketball player who now does outreach to sex assault victims, asked the appeals court Tuesday to not allow “Cosby’s wealth, fame and fortune to win an escape from his maleficent, malignant and downright criminal past.”

Questioned about the encounter with her in the 2006 deposition, Cosby described being on his couch and putting his hand down her pants after giving her three pills he identified as Benadryl. Constand said they made her pass out.

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The sentencing in the US has been hailed as a landmark moment for the MeToo movement.
Source: 1 NEWS


“I don’t hear her say anything. And I don’t feel her say anything. And so I continue and I go into the area that is somewhere between permission and rejection. I am not stopped,” he said.

Legal experts said the appellate review could help clarify when judges should allow “prior bad act” testimony from other accusers in sex crime cases, at least in Pennsylvania, and whether a supposed verbal promise from one prosecutor should bind their successor.

“I think that Cosby still has an uphill battle. The good news is the state Supreme Court will look at the appeal,” said Loyola Law School professor Laurie Levenson.

The AP typically does not name people who say they have been victims of sexual assault without their permission, which Constand has granted.

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Ex-De La Salle football player loses appeal of rape conviction https://www.badsporters.com/2020/05/05/ex-de-la-salle-football-player-loses-appeal-of-rape-conviction/ https://www.badsporters.com/2020/05/05/ex-de-la-salle-football-player-loses-appeal-of-rape-conviction/#respond Tue, 05 May 2020 10:36:00 +0000 https://badsporters.com/?p=5831 SAN FRANCISCO — A California appeals court upheld the felony convictions of a former De La Salle student who was sentenced to 21 years for the sexual assault of a girl at a house party following a Walnut Creek school dance. The former student — one of two East Bay high school students convicted in […]

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SAN FRANCISCO — A California appeals court upheld the felony convictions of a former De La Salle student who was sentenced to 21 years for the sexual assault of a girl at a house party following a Walnut Creek school dance.

The former student — one of two East Bay high school students convicted in the incident — argued through his attorney that the judge who found him guilty, Judge Rebecca Hardie, should have been removed for bias because of unspecified remarks she allegedly made about the case. He was convicted of forcible rape and oral copulation at trial, months after his co-defendant, an Ygnacio Valley High School student, accepted a plea deal.

In the 21-page court ruling, appeals court judges wrote that the defense never provided transcripts to prove Hardie had actually made the remarks described in defense briefings, and added that by the defense’s own description the remarks were innocuous. The judges also rejected a defense argument that the alleged conduct didn’t rise to the legal definition of “force.”

“This evidence no doubt suffices to prove that minor, without the victim’s consent, forcibly moved her body against her will, first, to the bench and, next, to the car,” and sexually assaulted her, the appeals court judges wrote.

Hardie sentenced the former De La Salle student, who was 16 at the time, to 21 years, but he shouldn’t end up serving past his 25th birthday, according to authorities. The Ygnacio Valley student was given nine years in exchange for a no-contest plea.

The evidence against the pair included an audio file taken by the girl, at the time a Carondelet student, can be heard saying “no” multiple times within 10 seconds. She told police she was intoxicated and attempted to stop both defendants from sexually assaulting her, including trying to push them away.

The former De La Salle student testified at trial that she said “yes after that video,” and said that she agreed to have sex with both of them but then became paranoid that her boyfriend would find out. She did not seem intoxicated to him, he said on the stand, according to the appeals court decision.

The Ygnacio Valley student also testified, saying that police had “pressured” him into admitting he raped the girl, and said he didn’t even know what police were investigating when he granted them an interview. He expressly denied “engaging in any sexual activity with the victim and denied knowing whether minor had forced her into sexual activity,” the appeals court ruling says.

This newspaper is not naming either defendant because they were tried as juveniles.

This marked the second time in six months that a De La Salle student was charged with raping a Carondelet student. In May 2017, a former De La Salle football player was charged in juvenile court with sexually assaulting a Carondelet girl, and ultimately was sentenced to 10 years of confinement in a plea deal.

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