lawgolfer |
07-01-2021 11:33 AM |
The OP, and most replies, miss the point of the court's decision and the reversal of Cosby's conviction.
The decision had nothing to do with Cosby's guilt or innocence. It had to do with prosecutorial misconduct. The District Attorney then in office, made a promise to Cosby that his testimony would not be used against him if he testified at a deposition in a civil case and did not invoke his 5th Amendment privilege. Years later, a new District Attorney breached the promise of his predecessor and prosecuted Cosby using his deposition testimony to convict him.
There are so many things wrong with the conduct of the new District Attorney that I wonder if he ever studied legal ethics in law school and marvel that he has not faced disciplinary action by the Bar. Our legal system, for all its faults, cannot exist when public officials break promises, whether they or their predecessor made the promise. This extends to the lowest level of prosecutorial authority. For example, if the lowest ranking Deputy in the office made such a promise to a suspect, the highest ranking Deputy could not say the promise should not have been made and then breach the promise, once the suspect has testified. The political and social winds may change, but a prosecutor's word must not. Today, no self-respecting prosecutor would even consider making such a promise to a suspect in a sexual assault case. However, one was made to Cosby, and was, subsequently, broken.
This extends throughout the criminal justice system and is not confined to the prosecutors. For example, a police officer cannot tell a suspect that if he confesses he will not be prosecuted, and, later, have that promise breached. For those of you who watch TV and read police procedural novels, do not be confused by lies the police are allowed to make--i.e."we found your fingerprints on the body"; "your buddy has set you up to take the rap" etc, which induce the suspect to then confess.
I proudly served as both an Assistant United States Attorney and as a Deputy District Attorney and spent 40 years before the bar. When this story first broke four years ago, I was shocked to hear that such a promise was made to Cosby by the District Attorney and more shocked to hear the current District Attorney was breaking his predecessor's promise. Anyone with even a smattering of experience in the criminal justice system, whether as an attorney, judge, or police officer, knew the prosecution was on shaky ground.
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