Bill Cosby

3 Reasons Not to Totally Hate Bill Cosby

Do we wish Bill Cosby really was Dr. Huxtable, the wise, fatherly figure in the multicolored sweaters? Or the comedian with the clean yet funny jokes? Yes. But those days are long gone and for a while now the world has known that Cosby wasn’t who he wanted us to believe he was. Despite the fact that Bill Cosby has not yet been convicted of a criminal act or yet been held civilly liable for any of his actions, the stories of more than 50 women could not be discounted; and, luckily they have not. As a direct result of Cosby’s actions, the following three states have changed their laws regarding the statute of limitations on sexual assault.

Colorado:

In the ‘80s, Beth Ferrier and Heidi Thomas, Colorado residents who are now in their 50s say Cosby drugged and sexually assaulted them. They did not immediately come forward with their claims because of fear—fear of damage to their careers and fear of facing the truth of what happened to them.  When they did come forward they learned that their cases could not be prosecuted because they were time barred by Colorado’s ten-year statute of limitations on sexual assaults. These women, stronger now, did not sit idly by and “take the second arrow.” Along with the bipartisan support of Colorado state representatives they fought to have the law changed. And they won. In June 2016, Colorado Governor Hickenlooper signed into law House Bill 1260 which extended the statute of limitations on sexual assaults from 10 to 20 years.  HB 1260 isn’t retroactive which means it doesn’t directly help Ferrier and Thomas but it is the hope and goal of those who supported the bill (which, by the way, passed unanimously in the Senate and by an overwhelming majority in the House)  that it will inspire more victims to come forward, even after 10 or 15 years.

Nevada:

Just as with HB 1260 in Colorado, Nevada Assembly Bill 212 was sparked by Bill Cosby. Lise-Lott Lublin, a Nevada resident claimed that in 1989 Cosby drugged and sexually assaulted her.  She did not come forward for many years and her claims were time barred by Nevada’s four-year statute of limitations.  But Ms. Lublin, her lawyer Gloria Allred and Nevada State Assemblywoman, Irene Bustamante Adams urged Governor Brian Sandoval to enact Nevada Assembly Bill 212.  That Bill, which was signed into law in May 2015 extended the statute of limitations for bringing rape charges from four years to 20 years. Just like in Colorado the new law is not retroactive and does not allow Ms. Lublin’s claims against Bill Cosby to go forward. But Lublin, who was “furious (her own words)” by the inability to pursue charges against Cosby has worked tirelessly to secure change and in doing so has helped countless others who find themselves victims of sexual assault. Here at Proof we are hopeful that this important victory has helped allay a little bit of Lublin’s anger and has helped her feel proud and strong.  Thank you Lise!

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California:

Several of Cosby’s victims resided in California and in each instance their claims of drugging and sexual assault were barred by California’s ten-year statute of limitations. But on September 28, 2016, California took the bold step of eradicating a time limit on the prosecution of sexual assaults. Now, as with murder, people who commit a sexual assault in California can be called to answer for their actions at any time, whenever the victim comes forward. So, if victims fear coming forward or delay coming forward for any reason, “they will always have an opportunity to seek justice in a court of law,” said Senator Connie Leyva, the author of Senate Bill 813. Just as with Colorado and Nevada the law is not retroactive so Cosby’s victims remain unable to pursue charges against him but they, along with, again, Gloria Allred must be thanked for sparking this very critical change.  It is Gloria Allred’s words that so eloquently express the significance of this change: “The passage of this new law means that the courthouse doors will no longer be slammed shut in the face of rape victims. It puts sexual predators on notice that the passage of time may no longer protect them from serious criminal consequences for their acts of sexual violence.” Thank you again to Cosby’s victims, fearless elected officials and others who have taken on this fight and saw it through so that other women can benefit and live with a little less fear of our justice system.

So, yes, while many of us hate Bill Cosby and are anxiously awaiting the day when a Pennsylvania jury convicts him and sends him to jail for the rest of his natural life, here at Proof we do celebrate a modicum of joy in having found a silver lining among the terrible cloud that is former Hollywood funny-man.

Cosby: Guilty, Guilty, Guilty! Sentencing September 24 and 25

It’s about time Dr. Huxtable. We are happy about this verdict: Bill Cosby guilty on all three counts of aggravated indecent assault. As many PROOF readers may recall, PROOF was at the June 2017 trial (click here to see my play-by-play posts) and was blown away by the witnesses, especially Andrea Constand and her mother. We also understood well the weaknesses in the case and what would be needed the second time around in order to hope for a conviction (most jury trials rely on some level of hope no matter how solid the evidence). What we got though, was even better.

A Different World

Yup, thanks to Harvey Weinstein and the #metoo movement the world looks a lot different for sexual predators and their survivors in April 2018 than it did in June 2017. Today, we no longer see someone like Bill Cosby, or rather, the image he has hidden behind all these years (and wants the world to believe is real), and say “no way would he do that.” Today, we know powerful Hollywood men are capable of heinous, criminal acts no matter how charming, how handsome, how talented, how married, etc. they might be. In fact, it is those very traits that seem to make them feel all powerful, as if they can do and say whatever they want with impunity. Somehow it is their money, prestige, and fame that makes them they think they can take advantage of others. But, unlike during Cosby’s reign, victims today are speaking out buoyed by the strength of the #metoo movement and all the hundreds of other victims who are speaking out. What a great thing! And so, while the jury can’t take into account #metoo and all that has gone on in the past six months since the Harvey Weinstein scandal exploded, to say that it is not part of public discourse, to say that it’s not part of our (and jury members) subconscious would be to ignore a societal fact. No doubt #metoo played a powerful role in Cosby round 2. Timing is everything, huh Bill?

Story after Story, Cosby Victims Recount Harrowingly Similar Experiences

Second, a pivotal, game changing ruling by Judge O’Neill in 2018 that allowed for the testimony of 5 other victims. Five women who experienced almost exactly what Andrea Constand experienced with Bill Cosby-from the trust building to the promises to the fake friendship to the drugging and the assault. I thought Kelly Johnson and her mother, both of whom testified in the June 2017 trial were amazing, strong witnesses but they, along with the other evidence, weren’t enough to convince a jury. Neither returned to the witness box in 2018. But this year with 5 women telling the same story as Andrea Constand it was hard to ignore their relevance and persuasiveness. Especially hard to ignore was when, through tears, Lashan Chelan, who was just 17 years old to Bill Cosby’s almost 50 when he assaulted her, looked at him from the stand and said, “You remember Mr. Cosby, don’t you? Gives us the chills even today.

Cosby Paid Constand 3.38 million in Settlement of Civil Suit

Third, the defense was allowed to introduce evidence that Cosby paid Constand millions to make the civil suit go away. For the prosecution, this was not great news but it cuts several ways. Did Cosby settle for such a big number because he did it? If Constand didn’t settle the matter and went on to write books, go on television, give interviews, etc. about her Cosby experience certainly the comedian could have thought the damage to his career was going to cost him well in excess of 3.38 million. Cosby’s net worth is estimated to be about 400 million so 3.38 bit of a drop in the bucket, no? So, what did jurors do with this information? Might they think Cosby must have done it if he paid Constand that much money? Or, might it have played into the defense’s theory supported by the Temple employee witness, Marguerite Jackson (whose testimony was not allowed in the first trial), that Constand talked about framing a celebrity for a sex crime so that she could get money? The truth is litigants settle matters for many reasons and now that Cosby has been convicted, it’s safe to say they probably believed he had something to hide and that’s why he paid Constand off.  However, it must be noted that in Cosby’s deposition in the civil matter he said he did not believe Andrea was after money or that if she got money she wouldn’t report the incident to police. Apparently, the defendant’s own words had more power than that of Jackson.

Constand Never Asked Law Enforcement to Restart Cosby Investigation

In 2005 when law enforcement decided not to charge Cosby, Constand moved on. She pursued her civil case and obtained the settlement referenced above. She never asked officials to reopen the matter. It was only after Cosby’s deposition testimony became available pursuant to a request by a news outlet and police learned about Cosby’s use of quaaludes and “dropping a Spanish Fly” in a drink to get women to have sex with him that they reopened the investigation and ultimately charged him with crimes against Constand. Note, it was just weeks before Pennsylvania’s twelve year statute of limitations on sexual assault was to run.

Shame on you Defense Team for Blaming the Victim

No doubt Kathleen Bliss and Tom Mesereau made a huge strategy error when in their shared closing argument, they attacked personally Constand and the five other victims who testified. Constand was a “con artist”, a “pathological liar.” According to Bliss, former model Janice Dickinson was a “failed starlet”, who seemed to have “slept with every man on the planet.”  Heidi Thomas was a failed comedy star “living the dream,” reveling in the attention she was getting as a witness. In today’s world, many understand better the psyche of the victim, how hard it is for victims of sexual assault to come forward. In this #metoo era, the defense’s public shaming backfired.

Sentencing: Will Cosby Do Time Behind Bars?

The maximum punishment for each of the counts is 10 years in prison and a $25,000 fine. Though Judge O’Neill could sentence Cosby to 30 years, that’s not going to happen. We at PROOF believe it will be more like 2-3 years per count and then he will only serve about a year and a half total, maybe a tad more. So, if Cosby’s health continues to decline, he may in fact spend his last days behind bars but then again, he has endured two trials, scores of accusations and the former funny man is still standing.  And, remains feisty, calling District Attorney Kevin Steele and asshole when he asked for Cosby’s bail to be revoked.

Cosby’s sentencing hearing is set for September 24 and 25, 2018.

Cosby Retrial: Guilty on All Three Counts. Bye, Bye, Dr. Huxtable

The second sexual assault trial of disgraced comedian, Bill Cosby will begin on April 2, 2018. Given how much evidence and information there is from the first trial and all the pretrial proceedings and investigations this actually is not too bad. Though we often hear the phrase “justice delayed is justice denied,” the truth is delay is a tactic that many defense teams use to their advantage. In Cosby’s case, given his advanced age and the fact that he is not sitting in a jail outside of Philadelphia awaiting trial, a later trial date might have been preferable to his team. But, that’s not what they got and the Commonwealth of Pennsylvania vs. William H. Cosby, Jr. will be retried within a year of the original trial date.

To recap, despite the fact that nearly 60 women claimed that Cosby assaulted them, this case, is the only one in which Cosby will face criminal charges (there are several civil suits against him). As you might recall, that’s because in all of the other incidents the statute of limitations–the time period in which criminal charges can be brought–had run. Cosby stands accused of three counts of aggravated indecent assault, a second degree felony, punishable by up to ten years in prison.

 

So, what happened last June and why is there a second trial? Many of you know I was there for the trial’s entirety and wrote about what occurred. Click here  to read detailed daily updates. The bottom line is that the jury could not reach a unanimous decision on guilt on ANY of the three counts. They deadlocked on all of them with no hope of any movement. After six days of intense deliberation, Judge O’Neill, the presiding judge, had no choice but to declare a mistrial. What’s surprising though is that the jury, who was sequestered during the trial, were very quiet post the declaration of the mistrial. We know very few details about what went on in the deliberation room. Having feedback from them would have been helpful to both sides because on April 2, 2018 a totally new trial will begin. So, while this is a second chance for both Cosby and for the prosecution, Judge O’Neill is set to sit at the next trial so it may prove not to be overly different from the first one.

One major way in which it will be different, however is that in August 2017, Cosby’s lead defense counsel, Brian McMonogle (who, you will note in my daily trial briefing I praised for his zealous, albeit perhaps sometimes overly zealous, representation of Cosby), withdrew from the case; Cosby replaced him with Thomas Mesereau, the attorney to such celebrity clients as Michael Jackson, Mike Tyson, Robert Blake and Marion “Suge” Knight, among many others.  No doubt right now Mesereau and his team are poring over trial transcripts, witness statements and evidence as well as looking for that new information attorney Matt Swain referenced that might just make Judge O’Neill change one of his rulings.

Rest assured, PROOF will be back in Norristown, PA for the second trial and we will certainly let you know all about it.

 

 

Celebrity Criminal Cases | Celebrity News | Proof With Jill Stanley

Celebrity Criminal Cases That Have Us Talking in 2017

Celebrity news is fun to follow, but nothing ensnares our attention quite like a star who is mixed up with the justice system. While many celebs find themselves involved with the court system due to divorce or contract disputes, it’s the star that has run-ins with the criminal law system that really gets us talking.

From physical assault to sexual assault and DUIs, count on PROOF to cover the most shocking celebrity criminal cases. Below though you will find a handful of celeb criminal cases that are keeping our attention in 2017.

Shia LaBeouf

Surprise, surprise! Shia’s in trouble — again!

The always controversial former Disney star was charged with misdemeanor assault and a harassment violation after getting in a fight.  LaBeouf got into a scuffle with the 25-year-old man in front of the Museum of the Moving Image in the Big Apple where Shia was holding his anti-Trump, He Will Not Divide Us protest.  Authorities allege that LaBeouf pulled on the man’s scarf and in doing so scratched the man’s face. While this may be his first arrest of 2017 – we have a feeling he’ll be making more headlines in celebrity news, especially because the 30-year-old has said he’s planning to continue the protest art exhibit for the next four years. That’s right, FOUR YEARS!  The exhibit was originally slated to run continuously outside the Museum of the Moving Image, but due to the controversy, it got shut down on February 10, 2017. No fear though because just about a week later, LaBeouf and his collaborators, Nastja Säde Rönkkö and Luke Turner, announced that the exhibit was relocating to the El Rey Theater in Albuquerque, New Mexico. Sadly though, once again the protest has been shut down. Apparently gunshots were heard in and around it. At the time of this writing, Labeouf tweeted the following: We have taken the stream down after shots were reported in the area. The safety of everybody participating in our project is paramount. It’s a shame that this keep happening, that’s there’s violence in the face of a seeker of free speech, especially with all that’s going in with this Administration. Perhaps this “participatory performance artwork” will reopen and any acts of violence will cease.  As for LaBeouf, let’s hope he will play nice and stay out of celebrity news headlines.

T.J. Miller

T.J. Miller is one of Hollywood’s newest funny guys, but certainly no one was laughing when Uber driver, Wilson Deon Thomas III, said that the “Silicon Valley” actor slapped him after getting in a dispute about Donald Trump. Talk about some celebrity news drama!

Los Angeles Police Department Officer, Jenner Houser, said that authorities responded to a report of battery at the 6900 block of Camrose Drive in the Hollywood Hills at 1AM. Miller was charged with that battery. He was issued a citation and was quickly released from custody with a promise to appear in court on the matter at a later date.  Despite his quick release, Miller may have to deal with more than just a slap on the wrist for his slap across the face. The driver now claims he suffered violent whiplash from the incident after slamming on the brakes while driving and is now suing T.J. for medical expenses and other damages.

Miller’s attorney has called the lawsuit a “pure money grab” and said Thomas is prone to filing “lawsuits to extort people.” I’m not sure what that is based on as PROOF has searched LA County court records and found only this case with Wilson Deon Thomas as a plaintiff. We look forward to seeing the evidence T.J.’s lawyer has to support his statement.

Though not overly serious, this is one celebrity news tale we are interested in for both civil and criminal ramifications

Bill Cosby

Anyone spending time on PROOF knows we just can’t stop talking about the fallen funnyman. And, we’re not the only one. Seems like no story since O.J. has grabbed the celebrity news world’s attention than that of the tale of Bill Cosby and sexual assault. Over the past few years, Cosby has been accused of sexual assault, rape, sexual battery and more by over 60 women, spanning from 1965-2008. Despite the abundance of allegations, Cosby has been able to escape the full weight of law because the accusers came forward years after the alleged incidents occurred and well after the statute of limitations had run.

Many thought that Cosby would never see a courtroom despite the mounting complaints against him — that is until Andrea Constand stepped forward one more time.

In January 2004, a former Temple University employee named Andrea Constand alleged that Cosby drugged and sexually assaulted her in his home outside of Philadelphia, Pennsylvania.

In January 2005, the Montgomery County Detectives opened a criminal investigation. On February 22, 2005, Montgomery County District Attorney Bruce Castor released a statement on his office’s website that he found, “Insufficient, credible and admissible evidence exists upon which any charge against Mr. Cosby could be sustained beyond a reasonable doubt.” The case was then dropped.

In March 2005, Constand filed a civil suit against the former “Cosby Show” star. Instead of dealing with the likely celebrity news scandal that would surely follow, Cosby settled with Constand out of court for an undisclosed amount in November 2006.

Over a decade after the settlement, a motion was filed to void the confidentiality agreement that stemmed from settlement of the 2005 civil suit. In court, Constand’s attorney argued that Cosby himself had already displayed a ”total abandonment of the confidentiality portions of the agreement” with his denials of all allegations against him. On July 8, 2015, Judge Eduardo C. Robreno ruled to unseal some of the private documents in that civil case. In his ruling, the judge wrote that Cosby’s role as a “public moralist” was in contrast to his possible crimes. The unsealed documents were made public and showed that in 2005 Cosby had said that he intended to give Quaaludes to young women so that he could have sex with them (he insisted, however, that the sex was consensual).

The celebrity news world was then rocked when, after years of speculation and dozens upon dozens of accusations, Cosby was finally charged with three counts of aggravated indecent assault on December 30, 2015.

Cosby’s attorneys have been fighting these charges tooth and nail ever since. On January 11, 2016, they filed a motion to dismiss the sexual assault charges stating that the local district attorney’s office had promised in 2005 that Cosby would not be prosecuted. On February 3, 2016, Judge Steven O’Neill ruled, “there was no basis” to dismiss the case based on Cosby’s assertions. Cosby’s legal team has made several attempts to have the criminal case thrown out but none have been successful. On September 6, 2016, Judge Steven O’Neill set a trial date for June 6, 2017.  If convicted on all three counts, Cosby faces a maximum of of thirty years in prison and a fine up to $25,000. It should also be noted that Cosby is fighting dozens of civil suits for defamation when, through his lawyers, he called his accusers liars. One of those cases, a matter filed in Massachusetts, was dismissed in February 2017, and though others have also been dismissed, several remain active.

Want more celebrity news about Cosby and other celebs? Explore the pages on PROOF. We’ve got lots of celebrity news articles about your favorites!

Meet Two of Bill Cosby’s Accusers | Celeb News | PROOF with Jill Stanley

Meet Two of Bill Cosby’s Accusers: Ruehli and Constand

As we all know, the once adored creator and star of The Cosby Show has become one of America’s most despised men. To date, more than 50 women have publicly accused Bill Cosby of rape, sexual assault or attempted assault. His disturbing behavior spanned decades. Now, he has been charged and, in the coming year, will stand trial in a Pennsylvania court. His accusers vary in just about every aspect from age to appearance to socioeconomic background. We could spend days talking about these women, dissecting their lives and interaction with Cosby but, let’s look at two of his accusers as they serve to crystallize so much of what this case is about: the earliest victim, Kristina Ruehli, and the former basketball player, Andrea Constand, whose refusal to back down sparked Ruehli to speak up.

In December 1965, Kristina Ruehli, was a 22-year-old talent agency secretary whom Cosby invited to a cocktail party at his home. When she arrived fashionably late to the party, Ruehli was surprised she was the only one there. She quickly realized there was, in fact, no party but agreed to stay for a cocktail– he was Bill Cosby after all. Ruehli only remembers her first few of sips. When she regained consciousness hours later, she found herself with Cosby in his bedroom; he was attempting to force her to perform oral sex. Ashamed and embarrassed, Ruehli, the beautiful, blue eyed blonde did not report the incident. But in 2005, buoyed by the stories of other victims, Ruehli gained the courage to speak out. Specifically, it was during Andrea Constand’s civil lawsuit that Ruehli exposed what Cosby had done to her. Ruehli, now 73 years old, has since dropped her charges against Cosby. But she did not do so for want of proof or because she felt some latent shame for herself or sympathy for Cosby but rather because she believes her suit against him did what she wanted it to do: shed light on the issue of sexual assault in this country. Can’t fault a woman for that.

Cosby approached Andrea Constand in 2002 while both were affiliated with Temple University in Philadelphia. He offered to act as her mentor. Who would say no to that? One time while Constand was at Cosby’s house she mentioned that she was feeling anxious. He gave her an herbal pill that he said would help ease that. Ok, maybe that wasn’t the smartest choice by Constand but remember, she was a fan and Cosby was widely known as a fatherly figure, very upstanding. The pill did a lot more than reduce Constand’s anxiety. It made her immobile. She was unable to escape while Cosby undressed her and sexually assaulted her. For years, she kept the assault a secret, but after struggling through nightmares and depression, she finally let it out. She filed a civil lawsuit against Cosby and that matter was resolved via a confidential settlement in 2006. One of the clauses in the settlement? Constand was not to talk about the matter with anyone. But, she cooperated with law enforcement during a subsequent criminal investigation. An investigation that led to Cosby’s arrest. Cosby and his legal team did not make it easy on Constand. He sued her for violating the agreement and demanded that she return the money that he paid her. In July 2016, U.S. District Judge Eduardo Robreno ruled that Constand’s cooperation in the investigation did not violate the nondisclosure provision in the 2006 settlement. Cosby will now stand trial. With regard to proof Cosby’s trial is going to rival that of O.J’s.

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