As a distinguished Delaware County criminal defense attorney, Enrique Latoison has provided expert legal insights into numerous high-profile cases. His keen legal mind and years of courtroom experience have proven instrumental in deciphering the complexities of the American judicial system. Today, we delve into one of the most controversial cases of our time – the Bill Cosby case. With Latoison’s expertise, we aim to shed light on the nuances that led to Cosby’s legal innocence. Join us as we unravel the intricate web spun around this riveting case.
This video is brought to you by Commentary Creations. I’m Enrique Latoison, your three-minute lawyer.
Today, we’re going to discuss Bill Cosby. Some of you are tuning in because the title of the video is “Bill Cosby is Innocent.” The reason I say he’s innocent is that, in 2021, the State Supreme Court of Pennsylvania overturned his case and declared that he cannot be recharged. So, legally, he is innocent. Whether you believe he did it or not, that’s a topic for another day.
Let’s talk about what happened. Cosby went to trial in 2018 for something he was accused of doing in 2004. He was actually charged twelve days before the statute of limitations ran out. A significant point of contention in this case was whether the deposition, in which Cosby testified and surrendered his right to remain silent, could be used against him.
Back in 2005, when Ms. Constand filed the charges around a year after the incident, Mr. Castor, the district attorney at the time, decided not to charge Bill Cosby, citing insufficient evidence. He also stated that since Cosby wouldn’t be charged, Ms. Constand could proceed to sue him, and Cosby could not invoke his Fifth Amendment right to remain silent.
Normally in a criminal case, your Fifth Amendment right prevents you from testifying or making self-incriminating statements. But in a civil case, you’re obliged to testify. So, to prevent this, Castor decided not to press charges. Cosby then gave his deposition in the civil case, and Ms. Constand settled for three and a half million dollars. Case closed.
Fast forward to 2018, a different district attorney, Kevin Steele, who had won the election at the time, charged Mr. Cosby. He was accused of three counts of sexual assault against Ms. Constand. There were various rulings during the trial, mainly debating whether he should have forfeited his Fifth Amendment right. This case ended in a hung jury, which meant that, at that time, he was still legally innocent. However, the prosecution had the right to charge him a second time, which we call “Cosby Two.”
Cosby Two took place a year later. They conducted the same trial with the same people. This time, there were a few more witnesses, and even more information emerged about the deposition where Cosby forfeited his right to remain silent. During this case, he was found guilty of three charges of sexual assault.
He was sentenced to three to ten years in prison. After his sentencing and subsequent incarceration, his lawyers continued to argue about whether he should have surrendered his Fifth Amendment right to testify and whether a district attorney who promised not to charge him should uphold that promise. The State Supreme Court of Pennsylvania ruled that if a district attorney makes such a promise, and you surrender your right to remain silent based on that promise, it needs to be upheld. Consequently, they overturned the verdict against Mr. Cosby.
So, where does that leave us today? Is he innocent? Is he guilty? That’s for you to decide.
Over 50 to 60 women have come forward and accused Mr. Cosby. However, he is factually and legally innocent under the laws of Pennsylvania. I’m Enrique Latoison, your three-minute lawyer.
Contact Enrique Latoison
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