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Opinion Bill Cosby mistrial shows laws must change

18:35  19 june  2017
18:35  19 june  2017 Source:   usatoday.com

Cosby lawyers fighting civil suits by 10 women

  Cosby lawyers fighting civil suits by 10 women Bill Cosby's sexual assault case in Pennsylvania has ended in a mistrial, but the comedian's civil lawyers still are fighting lawsuits against him by 10 women around the country. Currently, seven women have defamation suits pending in Massachusetts, while three more have defamation or sexual battery suits pending in California. Cosby has denied any wrongdoing.

Looking at Cosby , who thankfully did not teach me how to smile or how to love, I saw not good old Cliff Huxtable from The Cosby Show , but a man accused publicly by some 60 women across the decades. Bill Cosby ’s Lawyers Get Slammed by Women’s Advocates.

The mistrial Saturday in the Bill Cosby sexual assault trial shows how difficult it can be sometimes for 12 jurors to reach a unanimous verdict. The law requires that before someone can be found guilty or innocent a jury must agree unanimously and beyond a reasonable doubt

  Bill Cosby mistrial shows laws must change © Provided by USA TodayEditor’s note: The opinions in this article are the author’s, as published by our content partner, and do not necessarily represent the views of MSN or Microsoft.

Bill Cosby is a free man, for now anyway, because a jury never could agree on whether one of TV’s most comforting dads drugged and sexually assaulted Andrea Constand at his mansion outside Philadelphia in 2004.

Constand, 44, is the only one of dozens Cosby accusers whose report led to a criminal trial because in the other cases, the statute of limitations had expired.

Though the prosecution wanted to present testimony from 13 others who have said that the comedian drugged and/or violated them, the judge allowed the jury to hear from only one of them. That made it a lot easier for the defense team to attack Constand and her credibility.

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NORRISTOWN, PA — Bill Cosby 's rape case ended in a mistrial on Saturday after jurors failed to reach a unanimous decision on charges that he drugged and raped a woman, Andrea Constand, at his home in 2004.

Cosby's defense attorney, Brian McMonagle, offered a classic, off-the-rack depiction of Constand as a fabulist and willing participant on the “romantic” night Cosby gave her pills “to relax” and then “danced outside (his) marriage.” At the time, she was working for the women’s basketball program at his alma mater, Temple University, where he was not just a revered alumni but also a trustee.

In a closing as unnaturally sweet and sticky as a Jell-O pudding pop, McMonagle argued that even the best dads aren’t perfect: “We try to be, but we’re not ... sometimes we’re wrong.” Jurors thus no longer saw the defendant, who is 79 and legally blind, with “the adoring eyes of children. ... I told you that when you look over here, you’ll see different things: You’ll see a great comedian, an artist, who taught us not only how to smile but how to love.”

One night, two stories: In the Bill Cosby saga of sex, race, celebrity and alleged assault, even the jury couldn't agree on the truth

  One night, two stories: In the Bill Cosby saga of sex, race, celebrity and alleged assault, even the jury couldn't agree on the truth The dozen jurors in the Bill Cosby sexual assault trial spanned a diverse demographic range: white men in their 20s and 30s, middle-aged African Americans, elderly white women. But with that diversity also came deadlock. After five long days of deliberations, the jury found itself unable to render a verdict -- like so much of this country, unable to find consensus on charged questions of race, age, power and gender. Cosby will now face a new trial as soon as October, the judge said in declaring a mistrial Saturday morning. The prosecutor said that he hopes to settle the matter by pressing ahead with the same three counts of aggravated indecent assault.

Readers react to Bill Cosby ’s mistrial . Bill Cosby leaving Montgomery County Courthouse in Norristown, Penn. on June 17, 2017. Showing no empathy at all for her husband’s possible victims, and instead deciding to defend a deeply flawed person who doesn’t deserve any defending, is pathetic.

Bill Cosby 's Accusers Have Not Lost Hope Despite Mistrial . Kirkpatrick, who alleges that Cosby sexually assaulted her after she attended his show in 1981, said she would gladly testify against Cosby at the next trial if the judge allows it.

Looking at Cosby, who thankfully did not teach me how to smile or how to love, I saw not good old Cliff Huxtable from The Cosby Show, but a man accused publicly by some 60 women across the decades. Those women, and in fact all other sexual assault victims and their supporters, were put on trial by the defense, too. “We know why we’re here. Let’s be real. ... We’re not here because of Andrea Constand. We’re here because of them,” McMonagle said, shouting and pointing at the back of the courtroom, where other accusers were sitting.

I also looked at Cosby and saw one lucky guy. He's still supported by his wife of five decades, Camille. And to a remarkable extent, he was spared the national avalanche of attention that his trial would normally have attracted by all the high drama surrounding the self-proclaimed p---y-grabber in the White House.

Some of those who would otherwise have been following the testimony avidly, and asking why Constand saw and kept calling Cosby after the assault (that was part of her job, she said) were instead following the testimony of fired former FBI director James Comey and questioning why, if Comey didn’t want to be left alone in a room with President Trump, he kept talking to him on the phone.

In Cosby Case, First Trial Is a Guide for the 2nd

  In Cosby Case, First Trial Is a Guide for the 2nd Both sides may feel exhausted after the mistrial that ended Bill Cosby’s sexual assault case, but a new round of prosecution is looming just months ahead.The fatigue from Saturday’s mistrial has hardly faded for either side in the Bill Cosby sexual assault case, but both need to begin preparing almost immediately for a new trial that the prosecution has vowed to bring.

June 17, 2017 11:37am PT by Matthew Belloni , Eriq Gardner , Ashley Cullins. Bill Cosby Mistrial : Hollywood Reporter Legal Experts Debate How I thought it was a bit odd that in the survey we took a couple months ago of top entertainment lawyers , about 80 percent thought Cosby would be convicted.

MUST WATCH. Hollywood reacts to Bill Cosby mistrial . "We are just in awe of what she has done," Steele said. The decision to retry Cosby "lies in the fact that she's entitled to a verdict in this case."

As a result, this wasn’t the O.J. trial, or even Casey Anthony‘s.

Whatever comes next, and the prosecutor has vowed to retry the case, the most important question the trial leaves unanswered is this: When are we going to update our antiquated statutes of limitations — the legal limits that a modern understanding of sexual assault should have forced us to rethink decades ago?

It's not just that it can take a long time for victims to come forward to report an attack, but that to some extent, public attitudes on rape and assault have shifted in recent years. Constand pursued criminal charges against Cosby in 2005 and got nowhere, not because detectives didn’t believe her but because her case didn’t seem winnable.

Many prosecutors still only agree to try sexual assault and rape cases they know they can win. But it’s a Catch-22 to say that years ago, we would never have taken that case, and now that we might, it happened too long ago for us to even consider it.

Last year, California scrapped its statute of limitations on sex crimes altogether, and Nevada and Colorado extended theirs to 20 years. That so many reports of wrongdoing netted only one criminal case against Cosby shows just how badly other states need to follow their lead.

Melinda Henneberger, a member of USA TODAY's Board of Contributors, is an editorial writer and a columnist for the The Kansas City Star. Follow her on Twitter @MelindaKCMO

You can read diverse opinions from our Board of Contributors and other writers on the Opinion front page, on Twitter @USATOpinion and in our daily Opinion newsletter. To submit a letter, comment or column, check our submission guidelines.

Cosby juror: 'Not enough evidence' led to mistrial .
Another juror in Bill Cosby's sexual assault trial came forward Monday — the first to go on camera — and said the mistrial in the 13-year-old case was due to a lack of convincing evidence for all 12 jurors to agree unanimously on a verdict. Bobby Dugan, 21, one of the youngest of the seven men and five women on the jury, spoke to the Philadelphia Inquirer, Philadelphia Daily News and to ABC's Good Morning America, becoming the first of the deadlocked jury to appear on camera and with his name attached to his comments.

Source: http://us.pressfrom.com/news/opinion/-60334-bill-cosby-mistrial-shows-laws-must-change/

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