Why Bill Cosby is now free
1 big thing
Axios
4.0 • 2K Ratings
🗓️ 1 July 2021
⏱️ 9 minutes
🧾️ Download transcript
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| 0:00.0 | Good morning. Welcome to Exxios today. Can you believe it's July 1st? I'm Naila Boudou. |
| 0:09.2 | Here's what we're watching today. Missed cancer screenings take a toll. Plus, Dr. Iberam |
| 0:14.7 | X-Kendi on overlapping movements for civil rights. But first, today's one big thing. Why Bill |
| 0:21.2 | Cosby is now free. Bill Cosby was released from prison yesterday after the Pennsylvania Supreme |
| 0:31.5 | Court overturned his sexual assault conviction. The Justice has cited an existing agreement with |
| 0:37.2 | a prosecutor, which should have barred Cosby from being charged. I know I have a lot of questions |
| 0:42.7 | about this as you probably do, and we have our resident legal scholar Harvard Law Professor |
| 0:48.0 | Noah Feldman here with some answers. Hi, Noah. Hey, Naila. Thanks for having me. Noah, what happened |
| 0:53.8 | here? What happened here is that the Pennsylvania Supreme Court overturned the conviction of Bill Cosby, |
| 1:01.4 | not because Cosby was not guilty, but because the prior prosecutor in the case before the case |
| 1:08.4 | was brought against Cosby had promised that he would not charge Cosby in a criminal charge. |
| 1:16.1 | Subsequent to that, Bill Cosby testified at a civil trial, and he was unable to invoke his |
| 1:22.1 | right against self-incrimination because the prosecutor had said he wouldn't be charged. |
| 1:26.8 | Then, the next prosecutor came and brought a criminal charge against Cosby. At that moment, |
| 1:32.1 | they were able to take advantage of testimony that he had given in the civil trial. The Pennsylvania |
| 1:36.5 | Supreme Court said that whole process is not okay, that violates due process. If a prosecutor says |
| 1:42.4 | we're not bringing charges, and then after that the person against whom no charges are brought |
| 1:47.1 | has to testify, then the government can't change its mind, bring criminal charges, and rely on |
| 1:53.8 | the testimony that was given in the civil case. So how could the trial even happen to begin with? |
| 1:59.6 | The reason the trial happened is that the prosecutor who made this agreement, whose name was Bruce |
| 2:05.0 | Caster, was no longer the district attorney at the time when the criminal charges were brought |
| 2:10.0 | against Cosby. The subsequent prosecutors simply said they did not consider themselves bound |
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