June 30, (THEWILL) – Famous US comedian, Bill Cosby’s sexual assault conviction has been overturned by Pennsylvania’s Supreme Court, paving the way for his release from prison immediately.
“Cosby’s convictions and judgment of sentence are vacated, and he is discharged,” the court said.
The court ruled that a non-prosecution deal he had struck with a previous district attorney should have shielded him from facing criminal charges.
The decision by the Pennsylvania Supreme Court came after Cosby had served more than two years of a potential three-to 10-year sentence in a state prison following his 2018 conviction.
The 83-year-old comedian and actor was best known for his role as the lovable husband and father in the 1980s television comedy series “The Cosby Show,” earning him the nickname “America’s Dad.”
But his family-friendly reputation was shattered after dozens of women accused him of sexual assault over a period of decades.
He could be released as soon as later today Wednesday from a state correctional facility in Shippack, Pennsylvania.
Cosby was found guilty of sexually assaulting Andrea Constand, a Temple University employee, in his home in 2004 after drugging the ex-basketball player with unidentified pills.
The court’s majority found that a state prosecutor, Bruce Castor, struck a deal with Cosby’s attorneys in 2005 not to bring criminal charges.
As a result, Cosby was unable to avoid testifying as part of a civil lawsuit that Constand brought against him, since defendants can only refuse to testify when faced with criminal prosecution.
His sworn deposition, which a Judge unsealed in 2015, eventually led a new District Attorney, Kevin Steele, to charge Cosby later that year, just days before the statute of limitations was set to expire.
The Pennsylvania’s highest court regarded this as a “process violation” of Cosby’s earlier agreement with the previous Prosecutor that he would not be charged in the case.
“In light of these circumstances, the subsequent decision by successor D.A.s to prosecute Cosby violated Cosby’s due process rights,” Justice David Wecht wrote for the majority in the 79-page submission. “There is only one remedy that can completely restore Cosby to the status quo ante. He must be discharged, and any future prosecution on these particular charges must be barred.”
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