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Thread: Sexual predators have a friend in PA’s Supreme Court which overturns Cosby conviction

  1. #1

    Sexual predators have a friend in PA’s Supreme Court which overturns Cosby conviction

    .

    SEE: Bill Cosby freed after US court quashes sex crimes conviction

    “US comedian Bill Cosby was freed from prison Wednesday, in a blow to the #MeToo movement, after a US court overturned his conviction for drugging and sexually assaulting a woman 15 years ago.”

    It’s saddening how those entrusted to uphold the “rule of law”, have not only used their positions of power to “legislate from the bench” and make our laws mean what they want them to mean as happened in Bostock v. Clayton County, 590 U.S., where the majority on the court used the Humpty Dumpty theory of language to make the word “sex”, as found in the 1964 Civil Rights Act, mean what they wanted it to mean, but now these scoundrels are shown to use their position of public trust to overturn a conviction of a sexual predator who took liberty of sixty women.
    Let us remember the definition of tyranny, as defined by one of our founding fathers.

    ”The accumulation of all powers, legislative, executive, and judiciary, in the same hands [e.g., our judicial system] . . . may justly be pronounced the very definition of tyranny.” ___ Madison, Federalist Paper No. 47

    JWK

    As nightfall does not come at once, neither does oppression. In both instances there is a twilight where everything remains seemingly unchanged. And it is in such twilight that we all must be aware of change in the air - however slight - lest we become unwitting victims of darkness.___Supreme Court Justice William Douglas



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  3. #2
    I don't think Cosby is above reproach. But he shouldn't be deprived of liberty without due process. From what it looks like to me, this court, at least in this instance (I know nothing about their rulings outside this), is a friend of due process, not a friend of sexual predators. And that's a good thing.

    One of the consequences of being a stickler for due process is that the guilty will sometimes benefit from it, as will those who occupy gray areas of wrong doing between criminal guilt and innocence. That is a cost we have to accept.
    Last edited by Invisible Man; 07-01-2021 at 10:02 AM.
    There is nothing to fear from globalism, free trade and a single worldwide currency, but a globalism where free trade is competitively subsidized by each nation, a continuous trade war is dictated by the WTO, and the single currency is pure fiat, fear is justified. That type of globalism is destined to collapse into economic despair, inflationism and protectionism and managed by resurgent militant nationalism.
    Ron Paul
    Congressional Record (March 13, 2001)

  4. #3
    Well I guess that shreds the left's argument that black men kind find justice in a white man's court.

  5. #4
    Quote Originally Posted by phill4paul View Post
    Well I guess that shreds the left's argument that black men kind find justice in a white man's court.
    Code switch:
    Male supremacy. Color irrelevant.

  6. #5
    Controversial balancing-act theory

    There used to be a theory in some media circles that connected Cosby's fall to rise of Obama (Dems) and Cain (GOP) (How Herman Cain and Barack Obama Brought Down Bill Cosby).
    If that was valid theory, then converse of that theory might be true also; W Bush had awarded Cosby a Freedom medal and a former kkk recruiter's pal Biden is more in the mould of Bush than Obama on race/minorities related issues.

  7. #6

    Bill Cosby case, PA's S.C. dissenting opinions

    Quote Originally Posted by Invisible Man View Post
    I don't think Cosby is above reproach. But he shouldn't be deprived of liberty without due process. From what it looks like to me, this judge, at least in this instance (I know nothing about their rulings outside this), is a friend of due process, not a friend of sexual predators. And that's a good thing.

    One of the consequences of being a stickler for due process is that the guilty will sometimes benefit from it, as will those who occupy gray areas of wrong doing between criminal guilt and innocence. That is a cost we have to accept.
    Did you read the DISSENTING OPINIONS?

    Judge Dougherty Dissent


    Judge Saylor - Dissent


    JWK


    The Equality Act attempts to exercise legislative power proposed under the “Equal Rights Amendment” which was wisely rejected by the American people, and thus, to this degree, the Act is an attempted usurpation of legislative power not granted.

  8. #7
    I agree with Phylicia Rashad (below). I have always thought that TPTB didn't like Cosby going around the country giving motivating speeches to the black communities. His Pound Cake Speech, especially.

    I am going to post this here:

    Ladies and gentlemen, I really have to ask you to seriously consider what you've heard, and now this is the end of the evening so to speak. I heard a prize fight manager say to his fellow who was losing badly, “David, listen to me. It's not what's he's doing to you. It's what you're not doing. (laughter).

    Ladies and gentlemen, these people set, they opened the doors, they gave us the right, and today, ladies and gentlemen, in our cities and public schools we have fifty percent drop out. In our own neighborhood, we have men in prison. No longer is a person embarrassed because they're pregnant without a husband. (clapping) No longer is a boy considered an embarrassment if he tries to run away from being the father of the unmarried child (clapping)

    .

    Ladies and gentlemen, the lower economic and lower middle economic people are [not*] holding their end in this deal. In the neighborhood that most of us grew up in, parenting is not going on. (clapping) In the old days, you couldn't hooky school because every drawn shade was an eye (laughing). And before your mother got off the bus and to the house, she knew exactly where you had gone, who had gone into the house, and where you got on whatever you had one and where you got it from. Parents don't know that today.

    I'm talking about these people who cry when their son is standing there in an orange suit. Where were you when he was two? (clapping) Where were you when he was twelve? (clapping) Where were you when he was eighteen, and how come you don't know he had a pistol? (clapping) And where is his father, and why don't you know where he is? And why doesn't the father show up to talk to this boy?

    The church is only open on Sunday. And you can't keep asking Jesus to ask doing things for you (clapping). You can't keep asking that God will find a way. God is tired of you (clapping and laughing). God was there when they won all those cases. 50 in a row. That's where God was because these people were doing something. And God said, “I'm going to find a way.” I wasn't there when God said it... I'm making this up (laughter). But it sounds like what God would do (laughter).

    We cannot blame white people. White people (clapping) .. white people don't live over there. They close up the shop early. The Korean ones still don't know us as well...they stay open 24 hours (laughter).

    I'm looking and I see a man named Kenneth Clark. He and his wife Mamie...Kenneth's still alive. I have to apologize to him for these people because Kenneth said it straight. He said you have to strengthen yourselves...and we've got to have that black doll. And everybody said it. Julian Bond said it. Dick Gregory said it. All these lawyers said it. And you wouldn't know that anybody had done a damned thing.

    50 percent drop out rate, I'm telling you, and people in jail, and women having children by five, six different men. Under what excuse, I want somebody to love me, and as soon as you have it, you forget to parent. Grandmother, mother, and great grandmother in the same room, raising children, and the child knows nothing about love or respect of any one of the three of them (clapping). All this child knows is “gimme, gimme, gimme.” These people want to buy the friendship of a child....and the child couldn't care less. Those of us sitting out here who have gone on to some college or whatever we've done, we still fear our parents (clapping and laughter). And these people are not parenting. They're buying things for the kid. $500 sneakers, for what? They won't buy or spend $250 on Hooked on Phonics. (clapping)

    A\Kenneth Clark, somewhere in his home in upstate New York...just looking ahead. Thank God, he doesn't know what's going on, thank God. But these people, the ones up here in the balcony fought so hard. Looking at the incarcerated, these are not political criminals. These are people going around stealing Coca Cola. People getting shot in the back of the head over a piece of pound cake! Then we all run out and are outraged, “The cops shouldn't have shot him” What the hell was he doing with the pound cake in his hand? (laughter and clapping). I wanted a piece of pound cake just as bad as anybody else (laughter) And I looked at it and I had no money. And something called parenting said if get caught with it you're going to embarrass your mother. Not you're going to get your butt kicked. No. You're going to embarrass your mother. You're going to embarrass your family.

    If knock that girl up, you're going to have to run away because it's going to be too embarrassing for your family. In the old days, a girl getting pregnant had to go down South, and then her mother would go down to get her. But the mother had the baby. I said the mother had the baby. The girl didn't have a baby. The mother had the baby in two weeks. (laughter) We are not parenting. Ladies and gentlemen, listen to these people, they are showing you what's wrong. People putting their clothes on backwards. –isn't that a sign of something going on wrong? (laughter)

    Are you not paying attention, people with their hat on backwards, pants down around the crack. Isn't that a sign of something, or are you waiting for Jesus to pull his pants up (laughter and clapping ). Isn't it a sign of something when she's got her dress all the way up to the crack...and got all kinds of needles and things going through her body. What part of Africa did this come from? (laughter). We are not Africans. Those people are not Africans, they don't know a damned thing about Africa. With names like Shaniqua, Shaligua, Mohammed and all that crap and all of them are in jail. (When we give these kinds names to our children, we give them the strength and inspiration in the meaning of those names. What's the point of giving them strong names if there is not parenting and values backing it up).

    Brown Versus the Board of Education is no longer the white person's problem. We've got to take the neighborhood back (clapping). We've got to go in there. Just forget telling your child to go to the Peace Corps. It's right around the corner. (laughter) It's standing on the corner. It can't speak English. It doesn't want to speak English. I can't even talk the way these people talk. “Why you ain't where you is go, ra,” I don't know who these people are. And I blamed the kid until I heard the mother talk (laughter). Then I heard the father talk. This is all in the house. You used to talk a certain way on the corner and you got into the house and switched to English. Everybody knows it's important to speak English except these knuckleheads. You can't land a plane with “why you ain't...” You can't be a doctor with that kind of crap coming out of your mouth. There is no Bible that has that kind of language. Where did these people get the idea that they're moving ahead on this. Well, they know they're not, they're just hanging out in the same place, five or six generations sitting in the projects when you're just supposed to stay there long enough to get a job and move out.

    Now look, I'm telling you. It's not what they're doing to us. It's what we're not doing. 50 percent drop out. Look, we're raising our own ingrown immigrants. These people are fighting hard to be ignorant. There's no English being spoken, and they're walking and they're angry. Oh God, they're angry and they have pistols and they shoot and they do stupid things. And after they kill somebody, they don't have a plan. Just murder somebody. Boom. Over what? A pizza? And then run to the poor cousin's house. They sit there and the cousin says “what are you doing here?” “I just killed somebody, man.” “What?” “I just killed somebody, I've got to stay here.” “No, you don't.” “Well, give me some money, I'll go...” “Where are you going?” “North Carolina.” Everybody wanted to go to North Carolina. But the police know where you're going because your cousin has a record.

    Five or six different children, same woman, eight, ten different husbands or whatever, pretty soon you're going to have to have DNA cards so you can tell who you're making love to. You don't who this is. It might be your grandmother. (laughter) I'm telling you, they're young enough. Hey, you have a baby when you're twelve. Your baby turns thirteen and has a baby, how old are you? Huh? Grandmother. By the time you're twelve, you could have sex with your grandmother, you keep those numbers coming. I'm just predicting.

    I'm saying Brown Vs. Board of Education. We've got to hit the streets, ladies and gentlemen. I'm winding up, now , no more applause. I'm saying, look at the Black Muslims. There are Black Muslims standing on the street corners and they say so forth and so on, and we'rere laughing at them because they have bean pies and all that, but you don't read “Black Muslim gunned down while chastising drug dealer.” You don't read that. They don't shoot down Black Muslims. You understand me. Muslims tell you to get out of the neighborhood. When you want to clear your neighborhood out, first thing you do is go get the Black Muslims, bean pies and all (laughter). And your neighborhood is then clear. The police can't do it .

    I'm telling you Christians, what's wrong with you? Why can't you hit the streets? Why can't you clean it out yourselves? It's our time now, ladies and gentlemen. It is our time (clapping). And I've got good news for you. It's not about money. It's about you doing something ordinarily that we do—get in somebody else's business. It's time for you to not accept the language that these people are speaking, which will take them nowhere. What the hell good is Brown V. Board of Education if nobody wants it?

    What is it with young girls getting after some girl who wants to still remain a virgin. Who are these sick black people and where did they come from and why haven't they been parented to shut up? To go up to girls and try to get a club where “you are nobody..,” this is a sickness ladies and gentlemen and we are not paying attention to these children. These are children. They don't know anything. They don't have anything. They're homeless people. All they know how to do is beg. And you give it to them, trying to win their friendship. And what are they good for? And then they stand there in an orange suit and you drop to your knees, “(crying sound) He didn't do anything, he didn't do anything.” Yes, he did do it. And you need to have an orange suit on too (laughter, clapping).

    So, ladies and gentlemen, I want to thank you for the award (big laughter) and giving me an opportunity to speak because, I mean, this is the future, and all of these people who lined up and done..they've got to be wondering what the hell happened. Brown V. Board of Education, these people who marched and were hit in the face with rocks and punched in the face to get an education and we got these knuckleheads walking around who don't want to learn English (clapping) I know that you all know it. I just want to get you as angry that you ought to be. When you walk around the neighborhood and you see this stuff, that stuff's not funny. These people are not funny anymore. And that 's not brother. And that's not my sister. They're faking and they're dragging me way down because the state, the city and all these people have to pick up the tab on them because they don't want to accept that they have to study to get an education.

    We have to begin to build in the neighborhood, have restaurants, have cleaners, have pharmacies, have real estate, have medical buildings instead of trying to rob them all. And so, ladies and gentlemen, please, Dorothy Height, where ever she's sitting, she didn't do all that stuff so that she could hear somebody say “I can't stand algebra, I can't stand...and “what you is.” It's horrible.

    Basketball players, multimillionaires can't write a paragraph. Football players, multimillionaires, can't read. Yes. Multimillionaires. Well, Brown V Board of Education, where are we today? It's there. They paved the way. What did we do with it. The white man, he's laughing, got to be laughing. 50 percent drop out, rest of them in prison.

    You got to tell me that if there was parenting, help me, if there was parenting, he wouldn't have picked up the Coca Cola bottle and walked out with it to get shot in the back of the head. He wouldn't have. Not if he loved his parents. And not if they were parenting! Not if the father would come home. Not if the boy hadn't dropped the sperm cell inside of the girl and the girl had said, “No, you have to come back here and be the father of this child.” Not ..“I don't have to.”

    Therefore, you have the pile up of these sweet beautiful things born by nature raised by no one. Give them presents. You're raising pimps. That's what a pimp is. A pimp will act nasty to you so you have to go out and get them something. And then you bring it back and maybe he or she hugs you. And that's why pimp is so famous. They've got a drink called the “Pimp-something.” You all wonder what that's about, don't you? Well, you're probably going to let Jesus figure it out for you (laughter). Well, I've got something to tell you about Jesus. When you go to the church, look at the stained glass things of Jesus. Look at them. Is Jesus smiling? Not in one picture. So, tell your friends. Let's try to do something. Let's try to make Jesus smile. Let's start parenting. Thank you, thank you (clapping, cheers)
    https://genius.com/Bill-cosby-pound-...eech-annotated


    “The spirits of darkness are now among us. We have to be on guard so that we may realize what is happening when we encounter them and gain a real idea of where they are to be found. The most dangerous thing you can do in the immediate future will be to give yourself up unconsciously to the influences which are definitely present.” ~ Rudolf Steiner

  9. #8
    Quote Originally Posted by johnwk View Post
    Did you read the DISSENTING OPINIONS?

    Judge Dougherty Dissent


    [FONT=Arial]Judge Saylor - Dissent
    From your tone, I get the impression you approve of the use of false promises to negate the Fifth Amendment.

    I don't. Be as shocked and outraged about that as you like. Why should leftists get to have all the fun being indignant over people being protected by the Constitution?
    Quote Originally Posted by Swordsmyth View Post
    We believe our lying eyes...



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  11. #9
    Quote Originally Posted by donnay View Post
    I agree with Phylicia Rashad (below). I have always thought that TPTB didn't like Cosby going around the country giving motivating speeches to the black communities. His Pound Cake Speech, especially.

    I am going to post this here:


    https://genius.com/Bill-cosby-pound-...eech-annotated


    If Claire Huxtable said he didn't do it, he probably didn't do it.
    "He's talkin' to his gut like it's a person!!" -me
    "dumpster diving isn't professional." - angelatc
    "You don't need a medical degree to spot obvious bullshit, that's actually a separate skill." -Scott Adams
    "When you are divided, and angry, and controlled, you target those 'different' from you, not those responsible [controllers]" -Q

    "Each of us must choose which course of action we should take: education, conventional political action, or even peaceful civil disobedience to bring about necessary changes. But let it not be said that we did nothing." - Ron Paul

    "Paul said "the wave of the future" is a coalition of anti-authoritarian progressive Democrats and libertarian Republicans in Congress opposed to domestic surveillance, opposed to starting new wars and in favor of ending the so-called War on Drugs."

  12. #10
    Quote Originally Posted by dannno View Post
    If Claire Huxtable said he didn't do it, he probably didn't do it.
    And logic would say if he were a sexual predator, you would think he would have made a move on her, right?
    “The spirits of darkness are now among us. We have to be on guard so that we may realize what is happening when we encounter them and gain a real idea of where they are to be found. The most dangerous thing you can do in the immediate future will be to give yourself up unconsciously to the influences which are definitely present.” ~ Rudolf Steiner

  13. #11
    Quote Originally Posted by acptulsa View Post
    From your tone, I get the impression you approve of the use of false promises to negate the Fifth Amendment.

    I don't. Be as shocked and outraged about that as you like. Why should leftists get to have all the fun being indignant over people being protected by the Constitution?
    All I asked was:
    Did you read the DISSENTING OPINIONS?

    Judge Dougherty Dissent


    Judge Saylor - Dissent


    JWK

  14. #12
    Quote Originally Posted by donnay View Post
    And logic would say if he were a sexual predator, you would think he would have made a move on her, right?
    I would imagine so, if I was closer to her age back when The Cosby Show was running, I would have hit it. She is stunning and brave.
    "He's talkin' to his gut like it's a person!!" -me
    "dumpster diving isn't professional." - angelatc
    "You don't need a medical degree to spot obvious bullshit, that's actually a separate skill." -Scott Adams
    "When you are divided, and angry, and controlled, you target those 'different' from you, not those responsible [controllers]" -Q

    "Each of us must choose which course of action we should take: education, conventional political action, or even peaceful civil disobedience to bring about necessary changes. But let it not be said that we did nothing." - Ron Paul

    "Paul said "the wave of the future" is a coalition of anti-authoritarian progressive Democrats and libertarian Republicans in Congress opposed to domestic surveillance, opposed to starting new wars and in favor of ending the so-called War on Drugs."

  15. #13
    Quote Originally Posted by donnay View Post
    I agree with Phylicia Rashad (below). I have always thought that TPTB didn't like Cosby going around the country giving motivating speeches to the black communities. His Pound Cake Speech, especially.

    I am going to post this here:


    https://genius.com/Bill-cosby-pound-...eech-annotated



    "Howard Students and Alumni Are Furious With Phylicia Rashad’s Support of Bill Cosby"
    A bit off topic, but I saw this headline. It's interesting the peer pressure they use in "journalism" these days. I am sure there are some Howard students and alumni who are quite happy with her support, but the majority probably could care less. There was another headline I saw a while back that was harping on Ozzy Osbourne for defending his wife who was attacked for defending Piers Morgan. That's insane.
    ...

  16. #14
    Quote Originally Posted by RJB View Post

    "Howard Students and Alumni Are Furious With Phylicia Rashad’s Support of Bill Cosby"
    A bit off topic, but I saw this headline. It's interesting the peer pressure they use in "journalism" these days. I am sure there are some Howard students and alumni who are quite happy with her support, but the majority probably could care less. There was another headline I saw a while back that was harping on Ozzy Osbourne for defending his wife who was attacked for defending Piers Morgan. That's insane.
    This is the era of the bully mentality. If I believe, in my gut, that someone is innocent, I will stand up for them. We all need to learn to find the courage of our convictions and stand up and not be bullied by a bunch of criminal degenerates--because that is exactly what we are dealing with.

    I am also of the mindset that with God on our side, who could be against us?
    “The spirits of darkness are now among us. We have to be on guard so that we may realize what is happening when we encounter them and gain a real idea of where they are to be found. The most dangerous thing you can do in the immediate future will be to give yourself up unconsciously to the influences which are definitely present.” ~ Rudolf Steiner

  17. #15
    Quote Originally Posted by johnwk View Post
    .

    SEE: Bill Cosby freed after US court quashes sex crimes conviction

    “US comedian Bill Cosby was freed from prison Wednesday, in a blow to the #MeToo movement, after a US court overturned his conviction for drugging and sexually assaulting a woman 15 years ago.”

    It’s saddening how those entrusted to uphold the “rule of law”, have not only used their positions of power to “legislate from the bench” and make our laws mean what they want them to mean as happened in Bostock v. Clayton County, 590 U.S., where the majority on the court used the Humpty Dumpty theory of language to make the word “sex”, as found in the 1964 Civil Rights Act, mean what they wanted it to mean, but now these scoundrels are shown to use their position of public trust to overturn a conviction of a sexual predator who took liberty of sixty women.
    Let us remember the definition of tyranny, as defined by one of our founding fathers.

    ”The accumulation of all powers, legislative, executive, and judiciary, in the same hands [e.g., our judicial system] . . . may justly be pronounced the very definition of tyranny.” ___ Madison, Federalist Paper No. 47

    JWK

    As nightfall does not come at once, neither does oppression. In both instances there is a twilight where everything remains seemingly unchanged. And it is in such twilight that we all must be aware of change in the air - however slight - lest we become unwitting victims of darkness.___Supreme Court Justice William Douglas
    Respectfully disagree.


    Judges should not railroad defendants in order to grandstand for the femi-nazis or any other powerful political group.

    There is a big difference between Mr Cosby giving Andrea Constand, quaaludes in exchange for sex - ie, prostitution

    And administering them surreptitiously in order to induce her to have sex .

    It was NOT proven that

    (a) he gave them to her surreptitiously

    (b) nor that quaaludes can cause someone who is not predispose to have sex to have sex - specifically it has not been proven that they have sexual properties.


    In this case the PA Supreme Court was correct.

    .
    .
    .DON'T TAX ME BRO!!!

    .
    .
    "It does not take a majority to prevail, but rather an irate, tireless minority, keen on setting brush fires of freedom in the minds of men." -- Samuel Adams (1722-1803)

  18. #16
    Quote Originally Posted by Contumacious View Post
    Respectfully disagree.


    Judges should not railroad defendants in order to grandstand for the femi-nazis or any other powerful political group.

    There is a big difference between Mr Cosby giving Andrea Constand, quaaludes in exchange for sex - ie, prostitution

    And administering them surreptitiously in order to induce her to have sex .

    It was NOT proven that

    (a) he gave them to her surreptitiously

    (b) nor that quaaludes can cause someone who is not predispose to have sex to have sex - specifically it has not been proven that they have sexual properties.


    In this case the PA Supreme Court was correct.

    .


    Did you read the DISSENTING OPINIONS?

    Judge Dougherty Dissent


    Judge Saylor - Dissent


    JWK



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  20. #17
    Quote Originally Posted by johnwk View Post
    Did you read the DISSENTING OPINIONS?

    Judge Dougherty Dissent


    Judge Saylor - Dissent


    JWK


    The Equality Act attempts to exercise legislative power proposed under the “Equal Rights Amendment” which was wisely rejected by the American people, and thus, to this degree, the Act is an attempted usurpation of legislative power not granted.
    Quote Originally Posted by johnwk View Post
    All I asked was:
    Did you read the DISSENTING OPINIONS?

    Judge Dougherty Dissent


    Judge Saylor - Dissent


    JWK
    Quote Originally Posted by johnwk View Post
    Did you read the DISSENTING OPINIONS?

    Judge Dougherty Dissent


    Judge Saylor - Dissent


    JWK
    Yes! They hardly even dissent! They both agree with the decision that Cosby's Fifth Amendment rights were violated! They only differ in what to do about it, mainly so the court can save face!

    Do you have a point? Because I can not only use a bold font and repeat myself repeat myself repeat myself, I can use a BIGGER FONT AND ALL CAPS! SO MAYBE YOU SHOULD MAKE THAT POINT, BECAUSE THIS CASE IS ABOUT POLITICS, NOT JUSTICE.
    Last edited by acptulsa; 07-02-2021 at 08:05 AM.
    Quote Originally Posted by Swordsmyth View Post
    We believe our lying eyes...

  21. #18
    Quote Originally Posted by acptulsa View Post
    Yes! They hardly even dissent! They both agree with the decision that Cosby's Fifth Amendment rights were violated! They only differ in what to do about it, mainly so the court can save face!

    Do you have a point? Because I can not only use a bold font and repeat myself repeat myself repeat myself, I can use a BIGGER FONT AND ALL CAPS! SO MAYBE YOU SHOULD MAKE THAT POINT, BECAUSE THIS CASE IS ABOUT POLITICS, NOT JUSTICE.
    Well, I'm sorry I asked. I didn't think you would take offense in my asking the question. When I was studying law, I was taught to always read dissenting opinions, which, on many occasions, shed light on important subject matter. In this case, JUSTICE DOUGHERT eloquently confirms the majority's opinion to bar further prosecution is wrong!


    ". . . we can return him [Cosby] to the position he enjoyed prior to being forced to surrender his Fifth Amendment right against self-incrimination by simply suppressing the evidence derived from the civil depositions at which he testified. We should not use Castor’s “blunder” to place Cosby in a better position than he otherwise would have been in by forever barring his prosecution. “So drastic a step” merely “increase[s] to an intolerable degree interference with the public interest in having the guilty brought to book.” Blue, 384 U.S. at 255.6"

    JWK
    Last edited by johnwk; 07-02-2021 at 09:17 AM.

  22. #19
    Quote Originally Posted by johnwk View Post
    Well, I'm sorry I asked. I didn't think you would take offense in my asking the question. When I was studying law, I was taught to always read dissenting opinions, which, on many occasions, shed light on important subject matter. In this case, JUSTICE DOUGHERT eloquently confirms the majority's opinion to bar further prosecution is wrong!


    ". . . we can return him [Cosby] to the position he enjoyed prior to being forced to surrender his Fifth Amendment right against self-incrimination by simply suppressing the evidence derived from the civil depositions at which he testified. We should not use Castor’s “blunder” to place Cosby in a better position than he otherwise would have been in by forever barring his prosecution. “So drastic a step” merely “increase[s] to an intolerable degree interference with the public interest in having the guilty brought to book.” Blue, 384 U.S. at 255.6"

    JWK
    My understanding of the majority's legal reasoning for barring future prosecution of these charges is (a) to prevent double-jeopardy (this matter was already fully tried, so any and all prosecution agreements would now be moot under double-jeopardy) and (b) as a disciplinary measure against the PA DA. In modern law, courts see themselves not only as trying the specific facts of specific cases but also as regulators of the conduct of justice itself, so that is why (b) is relevant. Note that I have looked over the minority opinions since you provided the links but I haven't read the majority opinion, I'm just going off the news articles.
    Jer. 11:18-20. "The Kingdom of God has come upon you." -- Matthew 12:28

  23. #20
    Quote Originally Posted by ClaytonB View Post
    My understanding of the majority's legal reasoning for barring future prosecution of these charges is (a) to prevent double-jeopardy (this matter was already fully tried, so any and all prosecution agreements would now be moot under double-jeopardy) and (b) as a disciplinary measure against the PA DA. In modern law, courts see themselves not only as trying the specific facts of specific cases but also as regulators of the conduct of justice itself, so that is why (b) is relevant. Note that I have looked over the minority opinions since you provided the links but I haven't read the majority opinion, I'm just going off the news articles.
    I don't think double-jeopardy is applicable.

    JWK

  24. #21
    Quote Originally Posted by ClaytonB View Post
    My understanding of the majority's legal reasoning for barring future prosecution of these charges is (a) to prevent double-jeopardy (this matter was already fully tried, so any and all prosecution agreements would now be moot under double-jeopardy) and (b) as a disciplinary measure against the PA DA. In modern law, courts see themselves not only as trying the specific facts of specific cases but also as regulators of the conduct of justice itself, so that is why (b) is relevant. Note that I have looked over the minority opinions since you provided the links but I haven't read the majority opinion, I'm just going off the news articles.
    I believe there are other victims and they were not involved in either case.

  25. #22
    Quote Originally Posted by johnwk View Post
    I don't think double-jeopardy is applicable.

    JWK
    I think the definition includes being tried a second time for a crime you were either already convicted or cleared of -- "The Fifth Amendment to the U.S. Constitution provides in part, "No person shall . . . be subject for the same offence to be twice put in jeopardy of life or limb[.]" (https://defensewiki.ibj.org/index.php/Double_Jeopardy) Perhaps legal scholars use the term in a more restricted sense but the 5th amendment itself says nothing about acquittal -- even if you were convicted, you can't be tried a second time on the very same charges.
    Jer. 11:18-20. "The Kingdom of God has come upon you." -- Matthew 12:28

  26. #23
    Quote Originally Posted by tebowlives View Post
    I believe there are other victims and they were not involved in either case.
    Then charges brought regarding those victims would not fall under the umbrella of this decision. The PA supreme court can only address the PA case itself, it can't make sweeping judgments about charges in other states, or other charges that could have been brought in PA but weren't (however, my assumption is that the PA DA would have already charged him if they had a case).
    Jer. 11:18-20. "The Kingdom of God has come upon you." -- Matthew 12:28

  27. #24
    Quote Originally Posted by johnwk View Post
    Did you read the DISSENTING OPINIONS?

    Judge Dougherty Dissent


    Judge Saylor - Dissent


    JWK
    The dissenting opinions did not discuss whether

    (a) he gave her quaaludes surreptitiously

    (b) nor that quaaludes can cause someone who is not predispose to have sex to have sex - specifically it has not been proven that they have sexual properties;


    It is gross prosecutorial misconduct to
    (a) entrap ,
    b) engage in improper plea bargaining and
    (c) failing to disclose exculpatory evidence - in this case that his promise not to prosecute was not binding on future prosecutors

    The judgment is correct.


    .
    .
    .DON'T TAX ME BRO!!!

    .
    .
    "It does not take a majority to prevail, but rather an irate, tireless minority, keen on setting brush fires of freedom in the minds of men." -- Samuel Adams (1722-1803)



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  29. #25
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  30. #26
    I don't know if he was guilty or innocent, but there was some serious chicanery going on with the trial and everything surrounding it.

    NeoReactionary. American High Tory.

    The counter-revolution will not be televised.

  31. #27
    Quote Originally Posted by ThePaleoLibertarian View Post
    I don't know if he was guilty or innocent, but there was some serious chicanery going on with the trial and everything surrounding it.

    I agree- always doubted the accusations- seemed very contrived.
    There is no spoon.

  32. #28
    Quote Originally Posted by ThePaleoLibertarian View Post
    I don't know if he was guilty or innocent, but there was some serious chicanery going on with the trial and everything surrounding it.

    Thank you for this video, it was worth watching if for no other reason than the jaw-dropping clip of Gloria Allred repeating the "simulated sex with a baseball bat" routine in front of those poor, traumatized children...
    Jer. 11:18-20. "The Kingdom of God has come upon you." -- Matthew 12:28

  33. #29
    Quote Originally Posted by Contumacious View Post

    Originally Posted by johnwk
    Did you read the DISSENTING OPINIONS?

    Judge Dougherty Dissent


    Judge Saylor - Dissent


    JWK
    The dissenting opinions did not discuss whether

    (a) he gave her quaaludes surreptitiously

    (b) nor that quaaludes can cause someone who is not predispose to have sex to have sex - specifically it has not been proven that they have sexual properties;


    It is gross prosecutorial misconduct to
    (a) entrap ,
    b) engage in improper plea bargaining and
    (c) failing to disclose exculpatory evidence - in this case that his promise not to prosecute was not binding on future prosecutors

    The judgment is correct.


    .
    When I was studying law, I was taught to always read dissenting opinions, which, on many occasions, shed light on important subject matter. In this case, JUSTICE DOUGHERT eloquently confirms the majority’s opinion to bar further prosecution is wrong!


    Judge Dougherty Dissent


    “. . . we can return him [Cosby] to the position he enjoyed prior to being forced to surrender his Fifth Amendment right against self-incrimination by simply suppressing the evidence derived from the civil depositions at which he testified. We should not use Castor’s “blunder” to place Cosby in a better position than he otherwise would have been in by forever barring his prosecution. “So drastic a step” merely “increase(s) to an intolerable degree interference with the public interest in having the guilty brought to book.” Blue, 384 U.S. at 255.6”


    Justice Doughert is absolutely correct in my opinion.

    Aside from that, I suggest you research the background of those making up the majority opinion. It might explain why they decided to close the door on ". . . having the guilty brought to book.”


    JWK

  34. #30
    Quote Originally Posted by johnwk View Post
    When I was studying law, I was taught to always read dissenting opinions, which, on many occasions, shed light on important subject matter. In this case, JUSTICE DOUGHERT eloquently confirms the majority’s opinion to bar further prosecution is wrong!


    Judge Dougherty Dissent


    “. . . we can return him [Cosby] to the position he enjoyed prior to being forced to surrender his Fifth Amendment right against self-incrimination by simply suppressing the evidence derived from the civil depositions at which he testified. We should not use Castor’s “blunder” to place Cosby in a better position than he otherwise would have been in by forever barring his prosecution. “So drastic a step” merely “increase(s) to an intolerable degree interference with the public interest in having the guilty brought to book.” Blue, 384 U.S. at 255.6”


    Justice Doughert is absolutely correct in my opinion.

    Aside from that, I suggest you research the background of those making up the majority opinion. It might explain why they decided to close the door on ". . . having the guilty brought to book.”


    JWK
    It is better than one guilty man should go free than that the government should be allowed to set the precedents that will be used to destroy uncounted innocent men.
    I suggest you take a closer look at the prosecution and the crimes it committed.

    From a comment on another site:

    -The DA to investigate the original accuser's claims found them so inconsistent and contradiction-laden, they dismissed them out of hand.
    -Another man runs against that DA on a platform of 'getting Cosby'. He loses. But becomes judge in Cosby's trial!
    -A friend of the judge then runs for DA, and uses Bill Cosby IN CAMPAIGN ADS (hello, tainted Jury pool!) in order to win! He then prosecutes Bill Cosby.
    -Because the first DA told Cosby the case was incredulous, Cosby was NOT GIVEN FIFTH AMENDMENT PRIVILEGE against self-incrimination during his civil deposition.
    His deposition - arguably the most damning evidence against him - was ILLEGALLY ENTERED INTO EVIDENCE ANYWAYS!
    -The accusers were represented by Gloria Allred, infamous for trotting out false victims in extortion attempts. She did the same in 1993 with Michael Jackson, who defeated those accusations (ironically, thanks to 1108 evidence) in 2005.
    CONT.
    -Becky James, (James & Associates) a renowned Legal Appeals specialist, went on record as saying she had "never seen as many valid appellate issues for a defendant in a single case", from the tainted jury to the illegally obtained evidence and political motives of the prosecutor.
    -Cosby was so committed to his innocence, he refused to even accept a plea deal to a misdemeanor. A fact NEVER referenced in mainstream media, among (false) reports that he 'joked' about committing the alleged crimes.
    -Janice Dickinson, as I mentioned, not only admitted to fabricating her accusations... this is noteworthy, because - as the most notable celebrity accuser - her accusations precipitated the Cosby dogpile.
    Prior to Dickinson's accusations? There were 2 accusers. Now there are 60.
    So we have:
    Accuser 1: Investigated and found not to be credible by the previous D.A.
    Accuser 2: Glommed on to accuser #1, and therefore must be regarded as suspect, given that the accusations were dismissed.
    And Accuser 3: Admitted to LYING ON THE WITNESS STAND!
    CONT.
    And you think - because 57 women jumped on the money train after a CELEBRITY made a KNOWINGLY FALSE ACCUSATION against Cosby, and admitted it under oath... this make the case... MORE credible?
    Oh, did I mention the prior D.A. testified in the Cosby trial, saying Bill Cosby was not given 5th Amendment Privilege and therefore a Mistrial should be declared... and was deemed NOT a credible witness by the judge, whom he'd previously defeated?
    WHAT political motive?
    -The case was also not filed in time. Because of this, accuser testimony should have been thrown out. The Judge (who has a political motive) refused to even hold an evidenciary hearing. And so virtually any accuser was fair game.
    Statute of Limitations? What's that?
    -As if that weren't enough, the wife of the trial judge (who, we've already noted, ran against the previous DA on a platform of 'getting Cosby') contributed money to a #MeToo affiliate that planned a protest outside the courthouse during Cosby's trial.
    -Lest you believe the Jury may not have been tainted, as previously suggested: A Juror who left the trial later testified that one of their fellow Jurors said 'Cosby is guilty' before the trial even started and 'we won't deliberate long'.
    The Judge refused to remove that juror.
    -During testimony, two witnesses whose accusations date back 30 YEARS shouted at the Jury "Bill Cosby is a Rapist!" and "You know what you did to me!"
    Which would end in mistrial in any other instance, as it prejudices the Jury.
    The Judge refused to grant a mistrial.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

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