News Roundup

Published for NC Criminal Law on July 02, 2021.

Bill Cosby was released from prison this week after the Pennsylvania Supreme Court ruled that his 2018 prosecution for sexually assaulting Andrea Constand violated due process.  In 2018, Cosby was convicted by a jury and received a prison sentence of three to ten years.  Keep reading for more on this story and other news. Cosby.  As the Pennsylvania Supreme Court’s opinion explains, Constand’s allegations against Cosby first came to the attention of the district attorney’s office in 2005 when she reported that he had sexually assaulted her at his house the previous year.  The district attorney at the time, Bruce Castor (who later represented Donald Trump when he was impeached in connection with the insurrection at the United States Capitol), doubted whether there was sufficient admissible evidence to convict Cosby. In order to deprive Cosby of the opportunity to invoke his Fifth Amendment privilege in a civil suit Constand was expected to bring against him, Castor declined to charge Cosby criminally and announced his decision publicly.  At civil depositions, Cosby made incriminating statements that were later introduced at trial when Castor’s successor prosecuted Cosby.  The Pennsylvania Supreme Court ruled that because Cosby had relied on Castor’s unconditional promise of non-prosecution to the detriment of his right to not testify, fundamental fairness barred the later prosecution. Hertford PD.  WAVY reports that the Hertford Town Council has voted to disband the Hertford Police Department in order to save the town money.  The Perquimans County Sheriff’s Office now will provide all law enforcement services [...]