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Old 02-03-2016, 02:55 PM
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Default Re: Comic Hannibal Buress Calls Bill Cosby A “Rapist”

http://philadelphia.cbslocal.com/201...osby-in-court/

Judge Deliberating In Bill Cosby Case
February 3, 2016 2:46 PM By Jim Melwert

NORRISTOWN, Pa. (CBS) — A Montgomery County judge is now deliberating whether to dismiss criminal charges against Bill Cosby.

The defense has wrapped up its case in a hearing in Montgomery County asking a judge to throw out charges against Cosby, based on what the defense says was a “binding promise not to prosecute,” made by then-district-attorney Bruce Castor.

Before the prosecution presents any evidence, it’s asking a judge to deny the motion, saying the defense hasn’t proved that “binding promise” exists.

Montgomery County District Attorney Kevin Steele argues the defense has not proved the DA’s office is bound by what then-DA Bruce Castor claims was his decision to never prosecute Bill Cosby.

Steele argues under Pennsylvania law, immunity is only available through a court and there is no record of that.

Steele says “a secret agreement that allows a defendant to buy his way out of a criminal case isn’t right.”

But Cosby’s defense attorney Christopher Tayback says this isn’t whether Castor’s decision was right or wrong, it’s simply that he made it. And Tayback says, “a promise is promise.”

If Judge O’Neill rules the defense has met its burden, the hearing would proceed with the prosecution presenting witnesses. If he decides they have not met their burden the hearing would come to an end.

Wednesday afternoon, the judge returned from lunch with his ruling, which was a deferred ruling, which allowed the prosecution to call the Andrea Constand’s civil attorney.

At this time, no decision has been made and the hearing continues with more witnesses.
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  #2  
Old 02-03-2016, 03:33 PM
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Default Re: Comic Hannibal Buress Calls Bill Cosby A “Rapist”

http://www.nbcphiladelphia.com/news/...367510781.html

Sex Assault Case Against Cosby to Proceed
By MaryClaire Dale, Michael R. Sisak and NBC10 Staff
Published 44 minutes ago

A judge refused to throw out the sexual assault case against Bill Cosby on Wednesday, sweeping aside claims that a previous district attorney had granted the comedian immunity from prosecution a decade ago.

Common Pleas Judge Steven O'Neill issued the ruling after a hard-fought two-day hearing.

The case now moves to a preliminary hearing to determine whether there is enough evidence to try the 78-year-old Cosby on charges he drugged and violated former Temple University athletic department employee Andrea Constand at his suburban Philadelphia home in 2004. The TV star could get up to 10 years in prison if convicted. The next court date is scheduled for March 8.

In 2005, then-District Attorney Bruce Castor decided the case was too flawed to prosecute. But Castor's successors reopened the investigation last year after Cosby's lurid, decade-old testimony from Constand's civil suit was unsealed at the request of The Associated Press and after dozens of other women came forward with similar accusations that destroyed Cosby's nice-guy image as America's Dad.

At the hearing this week, Cosby's lawyers tried to get the case thrown out by putting Castor himself on the stand. Castor testified that in deciding not to charge Cosby, he intended to forever close the door on prosecuting the comedian. He said he considered his decision binding on his successors.

Similarly, Cosby's lawyers said they never would have let the TV star testify in the civil case if they didn't believe criminal charges were off the table.

"In this case, the prosecution should be stopped in its tracks," Cosby lawyer Chris Tayback argued. "Really what we're talking about here is honoring a commitment."

But current District Attorney Kevin Steele questioned whether Castor ever made such an agreement, since it was never put in writing on a legal document and the Cosby attorney with whom Castor dealt is now dead. Steele argued that in any case, Castor had no legal authority to make such a deal.

"A secret agreement that allows a wealthy defendant to buy his way out of a criminal case isn't right," Steele told the judge.

On the stand, Castor defended his decision not to bring charges, citing among other things Constand's yearlong delay in reporting the allegations, her continued contact with Cosby, and suggestions that she and her mother might have tried to extort the comic.

The former DA said he made the no-prosecution commitment in hopes of prodding Cosby to testify in Constand's lawsuit without invoking his Fifth Amendment right against self-incrimination. In the end, Cosby testified, denying he assaulted Constand but admitting among other things that he obtained quaaludes to give to women he wanted to seduce, and Constand eventually settled for an undisclosed amount.

As the case goes forward, Cosby's lawyers are expected to fight mightily to keep the deposition from being introduced at trial.

Castor tried to make a comeback as DA last fall but lost to Steele in a hotly contested race, during which Steele ran ads criticizing Castor for not prosecuting Cosby when he had the chance. The tension between the two men was on display Wednesday when Steele accused Castor and the Cosby camp of engaging in "revisionist history."

Wednesday night, the judge denied the defense's request for a new prosecutor, meaning Steele will remain on the case.

Most of the back-and-forth in court hinged on the wording and interpretation of a 2005 press release in which Castor announced he would not prosecute Cosby. Castor found himself sparring with prosecutors over many seemingly inconsistent statements he made over the years on whether Cosby could still be charged.

The judge said he struggled to find similar cases where a suspect who was never charged received a promise that he would never be prosecuted. Normally, immunity is granted after a suspect is charged because he or she can provide testimony or information to prosecutors.

While more than 50 women have accused Cosby of drugging and sexually assaulting them since the 1960s, the statute of limitations for prosecuting the comic has run out in nearly every instance. This is the only case in which he has been charged.
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Old 02-10-2016, 06:02 AM
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Default Re: Comic Hannibal Buress Calls Bill Cosby A “Rapist”

http://www.nbcphiladelphia.com/news/...368210301.html

Cosby Ex-Lawyer Dismissed From Defamation Lawsuit
Published at 3:06 PM EST on Feb 9, 2016

A judge on Tuesday dismissed model Janice Dickinson's defamation claim filed against Bill Cosby's former jew lawyer for denying her allegations that the comedian had drugged and raped her in 1982.

However, Los Angeles County Superior Court Judge Debre Katz Weintraub did not dismiss defamation allegations made against Cosby in the same lawsuit.

Weintraub ruled that Dickinson cannot sue attorney Martin Singer because his denial of her allegations was known to her at the time she sued Cosby in May.

Dickinson's lawyers later amended her lawsuit to add the defamation allegations against Singer.

"We are very pleased with the ruling," Singer's attorney Andrew Brettler said. "We believe the court got it right."

Dickinson has said Cosby drugged and raped her in Lake Tahoe, California, in 1982. She never reported the rape to authorities and has said she was afraid if she did that her career would be damaged and Cosby would retaliate.

The statute of limitations has passed on suing for rape or other allegations directly related to the incident.

Dickinson is one of dozens of women who have accused Cosby of sexual abuse dating back to the 1960s.

"The primary focus of the case has always been against Bill Cosby and it remains against Bill Cosby," Dickinson's lawyer Lisa Bloom said after the hearing.

A Feb. 29 hearing was set on a motion by Cosby's lawyers to dismiss the rest of the suit.
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Old 02-12-2016, 06:38 AM
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Default Re: Comic Hannibal Buress Calls Bill Cosby A “Rapist”

http://www.nbcphiladelphia.com/news/...368504381.html

Judge Says Camille Cosby Can Be Deposed
Published at 2:34 PM EST on Feb 11, 2016

The wife of embattled comedian Bill Cosby will be deposed in a civil suit involving her husband later this month, NBC News reports.

In January, Camille Cosby appealed a ruling ordering her to be deposed by lawyers for seven women accusing Bill Cosby of defamation.

A Massachusetts federal district judge has since ruled that Camille Cosby can, in fact, be deposed, but "may refuse to answer deposition questions which call for testimony prohibited by the marital disqualification rule and not falling within an exception," according to NBC News.

Camille Cosby's deposition is scheduled for Feb. 22 in Springfield, Massachusetts.

It's unclear whether Camille Cosby's attorneys can appeal the latest ruling.
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Old 02-13-2016, 07:02 AM
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Default Re: Comic Hannibal Buress Calls Bill Cosby A “Rapist”

http://philadelphia.cbslocal.com/201...orneys-appeal/

Cosby’s Attorneys Appeal Pair Of Montgomery County Court Decisions
February 12, 2016 5:34 PM By Jim Melwert
By Jim Melwert

NORRISTOWN, Pa., (CBS) — Attorneys for Bill Cosby have filed an appeal to the Pennsylvania Superior Court, of a Montgomery County court ruling that denied their motion to have sex assault charges against the comedian tossed out based on a 2005 decision by then-District Attorney Bruce Castor.

Bill Cosby’s attorneys say while they don’t need permission from Montgomery County court for the appeal to proceed, they’re asking judge Steven O’Neill give the okay, which they say would expedite the process.

The motion argues the issues are far too important to be denied review as they relate to Cosby’s due process rights, and they concern the integrity of the judicial system.

Cosby’s defense points to a decision then-DA Bruce Castor says he made in 2005, never to prosecute Cosby for allegations brought by Andrea Constand. Castor contends that stripped Cosby of the right to plead the 5th in the civil trial.

Cosby is also appealing the denial of a motion to disqualify the Montgomery County District Attorney.
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Old 02-17-2016, 06:01 AM
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Default Re: Comic Hannibal Buress Calls Bill Cosby A “Rapist”

http://philadelphia.cbslocal.com/201...-cosby-appeal/

Montgomery County Judge Refuses To Fast-Track Cosby Appeal
February 16, 2016 7:17 PM
By Ian Bush

PHILADELPHIA (CBS) — A Montgomery County judge has denied a motion to expedite Bill Cosby’s fight to have the criminal sexual assault charges against him dismissed.

The Pennsylvania Superior Court still could hear Cosby’s appeal, but the comedian’s attorneys hoped Judge Steven O’Neill would speed up the process by effectively giving his OK for a review.

In his order, O’Neill rejects the lawyers’ arguments that “extraordinary circumstances” should put the case on hold.

The defense pointed to former District Attorney Bruce Castor’s testimony noting a binding non-prosecution promise made to Cosby in 2005. The government contends there is no such agreement.

Barring a move by the higher court, Cosby has a preliminary hearing scheduled for March 8 on sexual assault charges.
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