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Bill Cosby spent two years in prison before his conviction was overturned — details
A shocking reversal. Bill Cosby is set to be released from prison after his sexual assault conviction was overturned.
Us Weekly confirmed on Wednesday, June 30, that the Pennsylvania high court found an agreement with a previous prosecutor prevented Cosby, 83, from being charged, which means the actor will soon be released from the state prison where he served two years of his three to 10-year sentence.
In 2005, Montgomery County District Attorney Bruce Castor determined that Cosby couldn’t be prosecuted due to what he perceived as a lack of credibility on Andrea Constand‘s part, partially attributing that judgement to her decision not to file a complaint right away.
Instead, Constand went through with a civil case against Cosby. In the civil case, Cosby had to forfeit his right to the Fifth Amendment, the right to remain silent, and made four depositions.
Those depositions from the civil case, in which he made incriminating statements, were used in the 2015 criminal case that found him guilty of drugging and molesting Constand. The former Cosby Show star was arrested after newly unsealed evidence led to his arrest just 12 days before the statute of limitations was set to expire.
“Unable to invoke any right not to testify in the civil proceedings, Cosby relied upon the district attorney’s declination and proceeded to provide four sworn depositions. During those depositions, Cosby made several incriminating statements,” the court’s decision notes.
“D.A. Castor’s successors did not feel bound by his decision, and decided to prosecute Cosby notwithstanding that prior undertaking. The fruits of Cosby’s reliance upon D.A. Castor’s decision Cosby’s sworn inculpatory testimony were then used by D.A. Castor’s successors against Cosby at Cosby’s criminal trial. We granted allowance of appeal to determine whether D.A. Castor’s decision not to prosecute Cosby in exchange for his testimony must be enforced against the Commonwealth.”
Cosby’s release date has yet to be announced.
Story developing.
This story originally appeared on: US Magazine - Author:Nicole Massabrook
