Bill Cosby Freed From Prison After Sexual Assault Conviction Overturned By Pennsylvania Supreme Court - CBS Philly

PHILADELPHIA (CBS/AP) — Bill Cosby has been freed from prison after Pennsylvania’s highest court overturned his sexual assault conviction Wednesday. The Pennsylvania Supreme Court said today that they found an agreement with a previous prosecutor that prevented him from being charged in the case.

The country watched — some cheering, some dismayed — as Cosby was shackled and lead into prison more than two years ago. Just this afternoon, he was released from the State Correctional Institution Phoenix with little fanfare

Cosby has served more than two years of a three- to 10-year sentence at a state prison near Philadelphia. He had vowed to serve all 10 years rather than acknowledge any remorse over the 2004 encounter with accuser Andrea Constand.

The opinions of the court blasted light on a press release issued by former District Attorney Bruce Castor more than 15 years ago. The document essentially promised that Cosby would not be prosecuted.

Years later, Cosby then testified in a deposition and did not take the Fifth Amendment. He made incriminating statements, and those statements became the foundation of prosecutions against Cosby as it related to the accused indecent aggravated assault of Constand.

Legal experts say the prosecution was essentially a violation of a written contract between the DA’s office and Cosby.

The Montgomery County District Attorney’s Office released a statement on Cosby’s release:

The majority decision by the Pennsylvania Supreme Court orders the release of William H. Cosby Jr. from state prison. He was found guilty by a jury and now goes free on a procedural issue that is irrelevant to the facts of the crime. I want to commend Cosby’s victim Andrea Constand for her bravery in coming forward and remaining steadfast throughout this long ordeal, as well as all of the other women who have shared similar experiences. My hope is that this decision will not dampen the reporting of sexual assaults by victims. Prosecutors in my office will continue to follow the evidence wherever and to whomever it leads. We still believe that no one is above the law—including those who are rich, famous and powerful.

The 83-year-old Cosby, who was once beloved as “America’s Dad,” was convicted of drugging and molesting Constand at his suburban estate.

Constand and her legal counsel released a statement on the court’s ruling Wednesday evening.

“Today’s majority decision regarding Bill Cosby is not only disappointing but of concern in that it may discourage those who seek justice for sexual assault in the criminal justice system from reporting or participating in the prosecution of the assailant or may force a victim to choose between filing either a criminal or civil action.

On the one hand, the Court acknowledged that the former District Attorney’s decision to not prosecute Mr. Cosby was not a formal immunity agreement and constituted at best a unilateral exercise of prosecutorial discretion not to prosecute at the time, but nevertheless precluded a future prosecution, which included additional evidence developed in the civil case. the Supreme Court acknowledged that it was bound by the lower court’s credibility findings, including that Andrea Constand and her civil counsel, Dolores Troiani and Bebe Kivitz, were not privy to any discussions between the former prosecutor and Mr. Cosby or his then criminal counsel, let alone signatories to any agreement of any kind. We were not consulted or asked our thoughts by Mr. Castor concerning any agreements concerning immunity or anything, and we were not made aware if there were any such discussions. The press release had no meaning or significance to us in 2005 other than being a press release circulated by the then District Attorney.

Once again, we remain grateful to those women who came forward to tell their stores, to DA Kevin Steele and the excellent prosecutors who achieved a conviction at trial, despite the ultimate outcome which resulted from a procedural technicality, and we urge all victims to have their voices heard. We do not intend to make any further comment.

In the Pennsylvania Supreme Court’s opinion, the judges “do not question the discretion that is vested in prosecutors ‘over whether charges should be brought in any given case,'” but rather the court examined if the prosecution performed within the bounds of due process.

Legal experts say the Pennsylvania Supreme Court’s opinion reveals parts of the Cosby prosecution were braced on a legal house of cards. Prosecutors who took the legendary comedian and actor to trial twice say the ruling is an unfortunate technicality.

Cosby tweeted out a statement, maintaining his innocence and thanking supporters.

“I have never changed my stance nor my story. I have always maintained my innocence. Thank you to all my fans, supporters and friends who stood by me through this ordeal. Special thanks to the Pennsylvania Supreme Court for upholding the rule of law,” he tweeted.

Cosby’s return to his Elkins Park home was unceremonious in many ways but did inspire those passionate for and against the comedian to visit the property.

Credit: Getty Images

In a T-shirt ode to his Philadelphia high school, Central graduate Cosby returned from prison, yielding comment to his attorneys and representative.

“He said they was ringing his cell, they was just knocking on the walls the inmates, they said ‘you’re free! Get up! Get up.’ And he was just so excited,” spokesperson Andrew Wyatt said.

Nearly 60 women accused Cosby of sexual assault. Attorney Gloria Allred represented several of the women and says her heart breaks for them.

Phylicia Rashad, who played Clair Huxtable on The Cosby Show, took to social media after hearing the news Cosby would be released.

“FINALLY!!!! A terrible wrong is being righted — a miscarriage of justice is corrected,” Rashad tweeted.

FINALLY!!!! A terrible wrong is being righted- a miscarriage of justice is corrected! pic.twitter.com/NrGUdwr23c

— Phylicia Rashad (@PhyliciaRashad) June 30, 2021

He was charged in late 2015, when a prosecutor armed with newly unsealed evidence — Cosby’s damaging deposition from her lawsuit — arrested him days before the 12-year statute of limitations expired.

The trial judge had allowed just one other accuser to testify at Cosby’s first trial, when the jury deadlocked. However, he then allowed five other accusers to testify at the retrial about their experiences with Cosby in the 1980s.

The Pennsylvania Supreme Court said that testimony tainted the trial, even though a lower appeals court had found it appropriate to show a signature pattern of drugging and molesting women.

Cosby was the first celebrity tried and convicted in the #MeToo era, so the reversal could make prosecutors wary of calling other accusers in similar cases. The law on prior bad act testimony varies by state, though, and the ruling only holds sway in Pennsylvania.

Prosecutors did not immediately say if they would appeal or seek to try Cosby for a third time.

The justices voiced concern not just about sex assault cases, but what they saw as the judiciary’s increasing tendency to allow testimony that crosses the line into character attacks. The law allows the testimony only in limited cases, including to show a crime pattern so specific it serves to identify the perpetrator.

In New York, the judge presiding over last year’s trial of movie mogul Harvey Weinstein, whose case had sparked the explosion of the #MeToo movement in 2017, let four other accusers testify. Weinstein was convicted and sentenced to 23 years in prison. He is now facing separate charges in California.

In Cosby’s case, one of his appellate lawyers said prosecutors put on vague evidence about the uncharged conduct, including Cosby’s own recollections in his deposition about giving women alcohol or quaaludes before sexual encounters.

“The presumption of innocence just didn’t exist for him,” Jennifer Bonjean, the lawyer, argued to the court in December.

In May, Cosby was denied paroled after refusing to participate in sex offender programs during his nearly three years in state prison. He has long said he would resist the treatment programs and refuse to acknowledge wrongdoing even if it means serving the full 10-year sentence.

This is the first year he was eligible for parole under the three- to 10-year sentence handed down after his 2018 conviction.

Cosby spokesperson Andrew Wyatt called the parole board decision “appalling.”

Prosecutors said Cosby repeatedly used his fame and “family man” persona to manipulate young women, holding himself out as a mentor before betraying them.

Cosby, a groundbreaking Black actor who grew up in public housing in Philadelphia, made a fortune estimated at $400 million during his 50 years in the entertainment industry. His trademark clean comedy and homespun wisdom fueled popular TV shows, books and standup acts.

He fell from favor in his later years as he lectured the Black community about family values, but was attempting a comeback when he was arrested.

“There was a built-in level of trust because of his status in the entertainment industry and because he held himself out as a public moralist,” Assistant District Attorney Adrienne Jappe, of suburban Montgomery County, argued to the justices.

Cosby had invited Constand to an estate he owns in Pennsylvania the night she said he drugged and sexually assaulted her.

Constand, a former professional basketball player who worked at his alma mater, went to police a year later. The other accusers knew Cosby through the entertainment industry and did not go to police.

CBS3’s Joe Holden, Natasha Brown and Alexandria Hoff contributed to this report.

Copyright 2021 by The Associated Press. All Rights Reserved.

Adblock test (Why?)

Bill Cosby Freed From Prison After Sexual Assault Conviction Overturned By Pennsylvania Supreme Court - CBS Philly
Read More

Judge Denies Britney Spears’ Request to Remove Father From Conservatorship Again - Variety

A judge has shot down Britney Spears’ request to have her father removed from her conservatorship — at least for now.

New court documents that were filed by the Los Angeles Superior Court on Wednesday show that the judge has denied a months-old request by Spears’ attorney, Samuel Ingham III, to remove her father, Jamie Spears, as her sole conservator. These documents are not in direct response to last week’s hearing, where Spears gave an explosive testimony; though Spears delivered a powerful 24-minute statement, the judge cannot make any ruling based on what she said as she still has yet to file a petition to terminate her conservatorship.

“The conservator’s request to suspend James P. Spears immediately upon the appointment of Bessemer Trust Company of California as sole conservator of estate is denied without prejudice,” the court documents filed on Wednesday stated.

The new court filings are another legal setback for the singer, but the judge’s denial is nothing new. Samuel Ingham III had filed the request to remove Spears’ father back in November 2020, stating that his client was “afraid of her father” and would refuse to perform again, if her father continued to be in charge of her career. At that time, Judge Brenda Penny declined to suspend her father from the conservatorship, though she did not rule out future petitions for his removal or suspension. Also, at that time, the judge appointed financial company Bessemer Trust as a co-conservator.

Today’s paperwork was solely intended for the judge to approve Bessemer Trust as the co-conservator, but also reiterates the judge’s decision to not remove the elder Spears from the pop star’s conservatorship.

However, it’s significant that the document was signed by Judge Penny on June 30 — after the singer’s explosive testimony where she told the judge that her conservatorship was “abusive.”

Last week, Spears gave her 24-minute testimony, marking the first time she had publicly addressed the court in her 13-year conservatorship. While speaking to the judge, Spears said that her dad enjoys controlling her life, and stated that she believes her conservators, including her father, should be in jail, and that she wants to sue her family.

Spears’ case has garnered an enormous amount of global attention, with pressure mounting to support the pop star and remove her father from the conservatorship.

Wednesday’s court filing states that the court found Spears to be “substantially unable to manage his or her financial resources or to resist fraud or undue influence.”

Spears’ father has been her co-conservator since 2008, when the singer suffered a very public breakdown. He became sole conservator in 2019 after attorney Andrew Wallet resigned from co-conservatorship. In September 2019, he temporarily relinquished his powers and Jodi Montgomery became the conservator of her person, meaning she is responsible for Spears’ medical and personal well-being. Spears’ father remains the sole conservator of her estate, managing all of her finances — while making a hefty sum of of her annual multi-million dollar earnings, given that Spears has continued to record music and perform regularly at her residence in Las Vegas, while under her restrictive conservatorship.

Earlier today, Variety reported that Spears’ father attorney filed paperwork on his behalf, pointing the finger at Montgomery with the father’s perspective being that he loves his daughter, is very concerned and has done nothing wrong.

“Mr. Spears is concerned about the management and care of his daughter,” his attorney said in the docs. “Based on her statements to the court, Mr. Spears is concerned that the petition to appoint Jodi Montgomery filed by Ms. Spears’ court-appointed counsel Samuel D. Ingham III does not reflect her wishes. Ms. Spears told the court on June 23 that she is opposed to being under a conservatorship and revealed her ongoing disputes with Ms. Montgomery about her medical treatment and other personal care issues.”

Montgomery strongly denied the elder Spears’ stance with her attorney fighting back, releasing a statement that she is a “tireless advocate for Britney and for her well-being.”

Meanwhile, despite her father’s perspective and the judge’s ruling, the pop star has made her stance clear: she wants her father out, and wants to end her conservatorship altogether without further evaluation.

“I cried on the phone for an hour and he loved every minute of it,” Spears told the judge, referring to her father. “The control he had over someone as powerful as me — he loved the control to hurt his own daughter 100,000%. He loved it.”

Spears pleaded to the judge: “I just want my life back. And it’s been 13 years. And it’s enough. It’s been a long time since I’ve owned my money. And it’s my wish and my dream for all of this to end without being tested.”

Adblock test (Why?)

Judge Denies Britney Spears’ Request to Remove Father From Conservatorship Again - Variety
Read More

Prince Harry Honors Princess Diana and Shouts-Out Prince William in New Speech - Yahoo Lifestyle

Prince Harry is honoring the next generation of leaders who are continuing his late mother's legacy of philanthropy and service.

The Duke of Sussex gave a virtual speech for recipients of the 2021 Diana Awards, the annual ceremony that recognizes young activists who are making the world a better place; this year, the ceremony highlighted young people who helped their communities during the COVID-19 pandemic. During the duke's address, he mentioned his mother, the late Princess Diana, and his brother, Prince William, whom he will reunite with later this week to unveil a commemorative statue of Diana at Kensington Palace.

"I want to thank you for being part of this important moment and for being such an invaluable asset to your community," Harry began. "I'm truly honored to be celebrating your work, your commitment to change making, and the vital role you've taken on representing a new generation of humanitarianism."

He continued, "Later this week, my brother and I are recognizing what would have been our mum's 60th birthday, and she would be so proud of you all for living an authentic life with purpose and with compassion for others. Our mum believed that young people have the power to change the world. She believed in your strength, because she saw it day in and day out. And in the faces of young people exactly like you, she witnessed a boundless enthusiasm and passion, and I, too, see those same values shine through."

Harry also mentioned his wife, Duchess Meghan, and that they both believe the next generation retains the power to change the world for the better.

"Meghan and I fundamentally believe that our world is at the cusp of change—real change—for the good of all," the duke said. "There is great need for young leadership, and there is no greater time to be a young leader. I believe in you. We believe in you. And that belief in your own ability to change the world … is what makes you a force to be reckoned with."

You Might Also Like

Adblock test (Why?)

Prince Harry Honors Princess Diana and Shouts-Out Prince William in New Speech - Yahoo Lifestyle
Read More

Bill Cosby freed from prison, his sex conviction overturned - The Associated Press

PHILADELPHIA (AP) — Pennsylvania’s highest court threw out Bill Cosby’s sexual assault conviction and released him from prison Wednesday in a stunning reversal of fortune for the comedian once known as “America’s Dad,” ruling that the prosecutor who brought the case was bound by his predecessor’s agreement not to charge Cosby.

Cosby, 83, had served nearly three years of a three- to 10-year sentence after being found guilty of drugging and violating Temple University sports administrator Andrea Constand at his suburban Philadelphia home in 2004. He was the first celebrity tried and convicted in the #MeToo era.

The former “Cosby Show” star was arrested in 2015, when a district attorney armed with newly unsealed evidence — the comic’s damaging deposition in a lawsuit filed by Constand — brought charges against him days before the 12-year statute of limitations was about to run out.

Previous coverage of the Cosby case

• – Bill Cosby refuses sex offender program, so is denied parole
• – Cosby's sex assault conviction goes before high-level court
• – Key question in Cosby appeal: Does defendant's past matter?

But the Pennsylvania Supreme Court said Wednesday that District Attorney Kevin Steele, who made the decision to arrest Cosby, was obligated to stand by his predecessor’s promise not to charge Cosby, though there was no evidence that promise was ever put in writing.

Justice David Wecht, writing for a split court, said Cosby had relied on the previous district attorney’s decision not to charge him when the comedian gave his potentially incriminating testimony in Constand’s civil case.

The court called Cosby’s subsequent arrest “an affront to fundamental fairness, particularly when it results in a criminal prosecution that was forgone for more than a decade.” It said justice and “fair play and decency” require that the district attorney’s office stand by the decision of the previous DA.

The justices said that overturning the conviction, and barring any further prosecution, “is the only remedy that comports with society’s reasonable expectations of its elected prosecutors and our criminal justice system.”

He was promptly set free from the state prison in suburban Montgomery County and returned to his home with no immediate comment.

His appeals lawyer, Jennifer Bonjean, said Cosby should never have been prosecuted. “District attorneys can’t change it up simply because of their political motivation,” she said, adding that Cosby remains in excellent health, apart from being legally blind.

In a statement, Steele said Cosby went free “on a procedural issue that is irrelevant to the facts of the crime.” He commended Constand for coming forward and added: “My hope is that this decision will not dampen the reporting of sexual assaults by victims. ... We still believe that no one is above the law — including those who are rich, famous and powerful.”

Constand and her lawyer did not immediately return messages seeking comment.

“FINALLY!!!! A terrible wrong is being righted — a miscarriage of justice is corrected!” the actor’s “Cosby Show” co-star Phylicia Rashad tweeted.

“I am furious to hear this news,” actor Amber Tamblyn, a founder of Time’s Up, an advocacy group for victims of sexual assault, said in a Twitter post. “I personally know women who this man drugged and raped while unconscious. Shame on the court and this decision.”

In sentencing Cosby, the trial judge had ruled him a sexually violent predator who could not be safely allowed out in public and needed to report to authorities for the rest of his life.

Four Supreme Court justices formed the majority that ruled in Cosby’s favor, while three others dissented in whole or in part.

Peter Goldberger, a suburban Philadelphia lawyer with an expertise in criminal appeals, said prosecutors could ask the Pennsylvania Supreme Court for reargument or reconsideration, but it would be a very long shot.

“I can’t imagine that with such a lengthy opinion, with a thoughtful concurring opinion and a thoughtful dissenting opinion, that you could honestly say they made a simple mistake that would change their minds if they point it out to them,” Goldberger said.

Even though Cosby was charged only with the assault on Constand, the judge at his trial allowed five other accusers to testify that they, too, were similarly victimized by Cosby in the 1980s. Prosecutors called them as witnesses to establish what they said was a pattern of behavior on Cosby’s part.

Cosby’s lawyers had argued on appeal that the use of the five additional accusers was improper.

But the Pennsylvania high court did not weigh in on the question, saying it was moot given the justices’ finding that Cosby should not have been prosecuted in the first place.

In New York, the judge at last year’s trial of Hollywood mogul Harvey Weinstein, whose case helped sparked the #MeToo movement in 2017, let four other accusers testify. Weinstein was convicted and sentenced to 23 years in prison.

In May, Cosby was denied parole after refusing to participate in sex offender programs behind bars. He said he would resist the treatment programs and refuse to acknowledge wrongdoing even if it meant serving the full 10 years.

Prosecutors said Cosby repeatedly used his fame and family man persona to manipulate young women, holding himself out as a mentor before betraying them.

The groundbreaking Black actor grew up in public housing in Philadelphia and made a fortune estimated at $400 million during his 50 years in the entertainment industry that included the TV shows “I Spy,” “The Cosby Show” and “Fat Albert,” along with comedy albums and a multitude of television commercials.

The suburban Philadelphia prosecutor who originally looked into Constand’s allegations, Montgomery County District Attorney Bruce Castor, considered the case flawed because Constand waited a year to come forward and stayed in contact with Cosby afterward. Castor declined to prosecute and instead encouraged Constand to sue for damages.

Questioned under oath as part of that lawsuit, Cosby said he used to offer quaaludes to women he wanted to have sex with. He eventually settled with Constand for $3.4 million.

Portions of the deposition later became public at the request of The Associated Press and spelled Cosby’s downfall, opening the floodgates on accusations from other women and destroying the comic’s good-guy reputation and career. More than 60 women came forward to say Cosby violated them.

The AP does not typically identify sexual assault victims without their permission, which Constand has granted.

Cosby, in the deposition, acknowledged giving quaaludes to a 19-year-old woman before having sex with her at a Las Vegas hotel in 1976. Cosby called the encounter consensual.

On Wednesday, the woman, Therese Serignese, now 64, said the court ruling “takes my breath away.”

“I just think it’s a miscarriage of justice. This is about procedure. It’s not about the truth of the women,” she said. She said she took solace in the fact Cosby served nearly three years: “That’s as good as it gets in America” for sex crime victims, she said.

___

This story has been corrected to show that the Pennsylvania Supreme Court did not express an opinion on the use of additional accusers

___

Follow Maryclaire Dale on Twitter at https://twitter.com/Maryclairedale

Adblock test (Why?)

Bill Cosby freed from prison, his sex conviction overturned - The Associated Press
Read More

William and Harry likely won't meet privately after Diana memorial - Page Six

Prince William and Prince Harry are not expected to meet in private after a statue of their late mother, Princess Diana, is unveiled Thursday, sources say.

Page Six is told that the brothers likely will not have time for a heart-to-heart amid their long-running rift before Harry flies back to his wife, Meghan Markle, and their two children in the US.

A private chat would also be particularly difficult with the media just steps away, it was pointed out to us — despite reports Wednesday saying the brothers would meet privately following the statue unveiling. 

It is not known when Harry, who arrived in the UK on Friday, will head back home, but it is believed that he doesn’t want to be away from his recently-expanded family for too long.

The statue unveiling falls on what would have been the late Princess of Wales’ 60th birthday.

There will be just 15 guests at the event due to COVID protocols, including Diana’s siblings. We’re told it will be short.

While a royal source said the event could be “sad and a little strained,” another source told us the brothers are expected to be dignified for the sake of their mother.

“The boys will be fine,” the source said.

Absent from the event will be William’s wife, Kate Middleton — which family sources previously told Page Six will be be “telling on so many levels.”

The Duchess of Cambridge was cut from the guest list in an effort to keep numbers down due to COVID-19 protocols, but an insider said it’s merely an excuse to keep the family drama away from the important ceremony.

“I think keeping the numbers down is a perfect ‘excuse’ for Catherine to stay away. William is fed up with the drama and Catherine doesn’t need to be dragged into this,” the source said.

The brothers, seen here with their mother Princess Diana in 1992, will unveil a statue in her honor on what would’ve been her 60th birthday.

AP

“They are planning a private family visit with their children, and that private moment is far more important than the public rhetoric.”

The source added, “William is determined that the Sussex drama does not overshadow this important moment of remembrance to his much-missed mother and is keeping that as his focus.”

Prince Charles, who divorced Diana a year before her 1997, will reportedly be absent from the event as well, as “old wounds” could be reopened.

“It brings back memories for him; happy, sad, regretful,” an insider told the UK Times. “Since Diana’s death, he has felt it’s best to keep those memories to himself and leave his sons to it.”

Markle remains in California, where she is caring for their newborn daughter, Lilibet Diana, and their 2-year-old son, Archie.

Adblock test (Why?)

William and Harry likely won't meet privately after Diana memorial - Page Six
Read More

Phylicia Rashad Responded To The Backlash Over Her Tweet Supporting Bill Cosby's Release From Jail - BuzzFeed

"I fully support survivors of sexual assault coming forward."

Now Rashad is clarifying her initial remarks in a follow-up statement.

Jamie Mccarthy / Getty Images

"I fully support survivors of sexual assault coming forward," Rashad tweeted. "My post was in no way intended to be insensitive to their truth."

I fully support survivors of sexual assault coming forward. My post was in no way intended to be insensitive to their truth. Personally, I know from friends and family that such abuse has lifelong residual effects. My heartfelt wish is for healing.

08:35 PM - 30 Jun 2021

@PhyliciaRashad / Via Twitter: @PhyliciaRashad

"Personally, I know from friends and family that such abuse has lifelong residual effects," Rashad continued. "My heartfelt wish is for healing."

As previously mentioned, Rashad initially responded, "FINALLY!!!" to the news of Cosby's release: "A terrible wrong is being righted — a miscarriage of justice is corrected!"

Paras Griffin / Getty Images

This is not the first time Rashad has come to Cosby's defense. When sexual assault allegations resurfaced against the actor and comedian in 2015, Rashad responded, "I love him," when asked about the claims during a junket.

Rich Polk / Getty Images

“What you’re seeing is the destruction of a legacy," she said at the time. "And I think it’s orchestrated. I don’t know why or who’s doing it, but it’s the legacy. And it’s a legacy that is so important to the culture.”

Dimitrios Kambouris / WireImage / Getty Images

Head here to read more about why Cosby's conviction was overturned today.

If you or someone you know has experienced sexual assault, you can call the National Sexual Assault Hotline at 1-800-656-HOPE, which routes the caller to their nearest sexual assault service provider. You can also search your local center here.

BuzzFeed Daily

Keep up with the latest daily buzz with the BuzzFeed Daily newsletter!

Adblock test (Why?)

Phylicia Rashad Responded To The Backlash Over Her Tweet Supporting Bill Cosby's Release From Jail - BuzzFeed
Read More

New movie 'Zola' is based on metro Detroit Hooters waitress' viral tweets - Detroit Free Press

Bill Cosby ruling could have chilling effect on survivors, sexual assault victim advocates say - Fox News

Bill Cosby's release from prison could have a chilling effect on survivors coming forward after Pennsylvania's highest court threw out the famed comic's conviction on Wednesday, advocates for sexual assault victims told Fox News. 

"It is incredibly disappointing. It is shocking that someone could have committed so many sexual assaults and get away with it because of a procedural decision," Scott Berkowitz, the president of the Rape, Abuse & Incest National Network, said Wednesday. 

Cosby was released from prison nearly three years into a three- to 10-year sentence after he was convicted in 2018 of sexually assaulting Temple University employee Andrea Constand in 2004.

BILL COSBY’S SEX ASSAULT CONVICTION OVERTURNED BY PENNSYLVANIA COURT

Former Montgomery County District Attorney Bruce Castor agreed not to prosecute Cosby criminally in the mid-2000s in exchange for Cosby's testimony in a civil case. 

The Pennsylvania Supreme Court ruled Wednesday that District Attorney Kevin Steele, who arrested and brought charges against Cosby in 2015, was bound by his predecessor's promise not to prosecute Cosby. 

The court called Cosby’s 2015 arrest "an affront to fundamental fairness, particularly when it results in a criminal prosecution that was forgone for more than a decade."

Bill Cosby returned to his suburban Philadelphia home after being released from prison Wednesday.  (WTXF)

BILL COSBY'S SUDDEN RELEASE FROM PRISON STUNS TWITTER: ‘JUSTICE WAS OVERTURNED’

Advocates for sexual assault victims say this could be discouraging to survivors who already don't have faith in the criminal justice system. 

"I think anytime survivors receive a message that they will not be believed, or that justice won't be served, or that the process towards justice serves to create more harm and more trauma, then some survivors will choose not to go forward," Renee Branson, the executive director of the Sexual Assault Resource Agency, told Fox News.

Berkowitz said that survivors make a "very rational decision" about whether to go to the police to report sexual assault. 

"The process is hard on survivors and it's only worth going through, in the end, if there's a reasonable chance at justice," Berkowitz said. 

CLICK HERE TO GET THE FOX NEWS APP

Andrea Constand, whose allegations helped land Cosby behind bars, urged "all victims to have their voices heard" on Wednesday after the comic was released from prison. 

"Today’s majority decision regarding Bill Cosby is not only disappointing but of concern in that it may discourage those who seek justice for sexual assault in the criminal justice system from reporting or participating in the prosecution of the assailant or may force a victim to choose between filing either a criminal or civil action," Constand said in a statement on Twitter. 

Adblock test (Why?)

Bill Cosby ruling could have chilling effect on survivors, sexual assault victim advocates say - Fox News
Read More

Britney Spears' father asks court to investigate claims made at conservatorship hearing - CNN

"Either the allegations will be shown to be true, in which case corrective action must be taken," a petition from his attorneys, obtained by CNN, reads, "or they will be shown to be false, in which case the conservatorship can continue its course. It is not acceptable for the Conservators or the Court to do nothing in response to Ms. Spears' testimony."

During a hearing one week ago, Britney Spears called her court-ordered conservatorship -- in place since 2008 -- "abusive." The singer said she felt forced to perform, take medication and use birth control against her will by her conservators, of which her father is one.

Spears' father had been the conservator of her estimated $60 million estate since 2008, along with attorney Andrew Wallet, following a series of personal issues that played out publicly for the singer. Following Wallet's resignation in 2019, Jamie Spears had been solely responsible for overseeing his daughter's finances until Judge Brenda Penny appointed Bessemer Trust in November 2020 to serve as co-conservator.

Jodi Montogomery was appointed temporary conservator of Spears' person in 2019, after Jamie Spears suffered a series of medical issues. Montgomery is tasked with handling Spears day-to-day care and medical decisions.

A second filing by Jamie Spears requests the court not grant Spears' attorney's request for Montgomery to be appointed the permanent conservator of his daughter's person. Jamie Spears, according to the document, does not want Montogomery making decisions for his daughter because he feels it "does not reflect Ms. Spears' wishes."

Spears also claims that his daughter's attorney, Samuel D. Ingham III, falsely stated earlier this year that a court order from 2014 found the singer did not have the ability to "consent to any form of medical treatment."

"There was no such finding and there is no such order," the filing reads. "Nonetheless, based on this false premise, Mr. Ingham seeks an order from the Court taking away Ms. Spears' right to give informed consent for her own medical treatment." Adding in capital letters, "Mr. Ingham should not be allowed to take away Ms. Spears' right to consent to medical treatment."

CNN has reached out to Ingham for comment.

Ingham has been Spears' court-appointed attorney since 2008. In last week's hearing, the pop star stated that she wanted a new attorney.

Adblock test (Why?)

Britney Spears' father asks court to investigate claims made at conservatorship hearing - CNN
Read More

James Franco Agrees To Settle Class-Action Sexual Misconduct Suit For $2.2 Million - NPR

Enlarge this image

James Franco in New York in 2017. Dimitrios Kambouris/Getty Images for IFP

Dimitrios Kambouris/Getty Images for IFP

Actor James Franco and two other men have agreed to settle a class-action lawsuit led by Sarah Tither-Kaplan and Toni Gaal, former students of an acting school owned by Franco and one of the other men. Tither-Kaplan and Gaal, who filed their suit in Oct. 2020, claimed that they were sexually exploited and victims of fraud at the now-closed school, which was called Studio 4.

According to the settlement agreement announced Wednesday, Franco, Jay Davis and Vince Jolivette, along with production company Rabbit Bandini Films (owned by Franco and Jolivette, with Davis as its general manager) and the shuttered school (co-owned by Franco and Jolivette), will pay out $2,235,000. The terms of the deal, which still has to be approved by a judge in Los Angeles Superior Court, were first published Wednesday by The Hollywood Reporter. Franco has repeatedly denied the women's allegations.

Tither-Kaplan and Gaal spoke to NPR when they initially filed their suit. They said they were promised that as paying students, they would be offered opportunities to audition for Franco and Rabbit Bandini.

Tither-Kaplan said that she auditioned and paid extra money for a class called Sex Scenes, taught by Franco. She said that she assumed that the class would teach her how to negotiate sex scenes professionally. Instead, she told NPR, "I did what seemed to be the thing that they wanted in this class, and that was get naked and do sex scenes and not complain and push the envelope." Gaal said that most of the auditions eventually offered had nudity requirements.

Back in February, Tither-Kaplan and Gaal agreed to drop their individual complaints. According to The Hollywood Reporter, the settlement includes a statement that reads in part: "While defendants continue to deny the allegations in the complaint, they acknowledge that plaintiffs have raised important issues; and all parties strongly believe that now is a critical time to focus on addressing the mistreatment of women in Hollywood. All agree on the need to make sure that no one in the entertainment industry — regardless of race, religion, disability, ethnicity, background, gender or sexual orientation — faces discrimination, harassment or prejudice of any kind."

Adblock test (Why?)

James Franco Agrees To Settle Class-Action Sexual Misconduct Suit For $2.2 Million - NPR
Read More

Bill Cosby to be released after sexual assault conviction overturned by Pennsylvania Supreme Court - NBC News

The Pennsylvania Supreme Court overturned the sexual assault conviction of Bill Cosby on Wednesday and ordered his release from prison after finding that he was denied protection against self-incrimination.

The court said that a prosecutor's decision not to charge Cosby, 83, opened the door for him to speak freely in a lawsuit against him and that testimony was key in his conviction years later by another prosecutor.

Cosby was convicted in 2018 of drugging and sexually assaulting a woman in 2004, and was serving a three- to 10-year sentence. He has served nearly three years of the sentence.

The state Supreme Court said Cosby cannot be retried on the same charges.

June 30, 202102:41

"When an unconditional charging decision is made publicly and with the intent to induce action and reliance by the defendant, and when the defendant does so to his detriment (and in some instances upon the advice of counsel), denying the defendant the benefit of that decision is an affront to fundamental fairness, particularly when it results in a criminal prosecution that was foregone for more than a decade," the high court ruled.

"For these reasons, Cosby’s convictions and judgment of sentence are vacated, and he is discharged."

The prosecution of Cosby was one of the first major milestones of the #MeToo movement, as women came forward with their tales of unwanted sexual advances and harassment in the workplace.

Cosby’s spokesman Andrew Wyatt thanked the comedian's legal team and the Pennsylvania Supreme Court, calling Wednesday's ruling a moment of justice for Black Americans.

"This is the justice Mr. Cosby has been fighting for," Wyatt said in a statement. "They saw the light. He waived his Fifth Amendment right and settled out of court. He was given a deal and he had immunity. He should have never been charged."

It wasn't immediately clear when exactly Cosby would be released from SCI Phoenix, where he's currently housed as inmate No. NN7687.

“The Pennsylvania Department of Corrections is in receipt of today’s court decision," a Department of Corrections representative said. "Work is underway to complete the necessary paperwork, and Mr. Cosby will be released as soon as practical.”

The entertainer once dubbed “America’s Dad” was sent to state prison following his 2018 conviction for drugging and sexually assaulting Andrea Constand.

She testified that Cosby assaulted her at his Pennsylvania home in 2004 after she came to him for career advice.

But Bruce Castor, the Montgomery district attorney at the time, declined to press charges against the comedian and actor, "thereby allowing Cosby to be forced to testify in a subsequent civil action," according to the high court.

"Unable to invoke any right not to testify in the civil proceedings, Cosby relied upon the district attorney’s declination and proceeded to provide four sworn depositions. During those depositions, Cosby made several incriminating statements," according to the high court opinion.

"D.A. Castor’s successors did not feel bound by his decision, and decided to prosecute Cosby notwithstanding that prior undertaking. The fruits of Cosby’s reliance upon D.A. Castor’s decision — Cosby’s sworn inculpatory testimony — were then used by D.A. Castor’s successors against Cosby at Cosby’s criminal trial."

In a rare jailhouse interview in 2019, Cosby said he wouldn't offer any remorse for his actions — even if that would've affected a parole board's decision.

"When I come up for parole, they're not going to hear me say that I have remorse. I was there. I don't care what group of people come along and talk about this when they weren't there. They don't know," Cosby told the news outlet BlackPressUSA.com.

This is a developing story, please refresh here for updates.

David K. Li is a breaking news reporter for NBC News.

Alec Hernandez and Diana Dasrath contributed.

Adblock test (Why?)

Bill Cosby to be released after sexual assault conviction overturned by Pennsylvania Supreme Court - NBC News
Read More

Britney Spears' father Jamie Spears blames Jodi Montgomery for blocking star's personal care, medical freedom - Fox News

Jamie Spears claims his daughter Britney Spears's court-appointed conservator Jodi Montgomery and her attorney Samuel Ingham III are the ones who have failed to give her freedom to make her own medical and personal care choices under her 13-year conservatorship.

In new court documents obtained by Fox News, Jamie, 68, on Monday argued he has no authority over Spears' personal care and medical desires following her bombshell claims made in court on June 23. He claimed he has not had authority because Montgomery "has served continuously as the sole Conservator of the Person of Ms. Spears since September 2019 and continues to serve in that capacity."

"Ms. Montgomery has been fully in charge of Ms. Spears' personal care and medical treatment in consultations with Mr. Ingham – and which consultations specifically excluded Mr. Spears. Mr. Spears, therefore, was greatly saddened to hear of his daughter's difficulties and suffering, and he believes that there must be an investigation into those claims," the court docs continue.

Jamie is now calling for an evidentiary hearing in order for the court to determine whether or not to grant Ingham III's petition to appoint Montgomery. He also claimed that Britney's claims in court made last week – the most damning that she has been prevented from removing an IUD – have left him concerned.

FEDERLINE MAY REQUEST EVALUATION BEFORE BRITNEY SPEARS’ CONSERVATORSHIP ENDS

FILE - Jamie Spears, father of singer Britney Spears, leaves the Stanley Mosk Courthouse on Oct. 24, 2012, in Los Angeles. When Britney Spears speaks to a judge at her own request on Wednesday, June. 23, 2021, she'll do it 13 years into a court-enforced conservatorship that has exercised vast control of her life and money by her father. Spears has said the conservatorship saved her from collapse and exploitation. But she has sought more control over how it operates, and says she wants her father out.  (AP Photo/Nick Ut, File)

"On September 9, 2019, Mr. Spears relinquished his powers as Conservator of the Person in favor of Ms. Montgomery. Unlike Ms. Montgomery and Mr. Ingham, Mr. Spears does not speak or meet with Ms. Spears' medical team, and he is not permitted to nor does he have the opportunity to provide any input into his daughter's current medical treatment, diagnosis, or therapy. Nor does Mr. Spears participate in or discuss Ms. Spears' personal affairs with her, such as issues related to her self-care, marriage, and reproductive desires. These are issues under the purview off Ms. Montgomery as Ms. Spears' conservator of the person, and issues that Ms. Spears presumably discusses with her court-appointed attorney, Mr. Ingham," Jamie's filing continues.

Additionally, Jamie claimed that Britney did not sign "nor verified" a petition filed by her attorney to appoint Montgomery as conservator of his person. 

The famous father added that he's been barred from having any communication with the "Toxic" singer, 39.

"Mr. Spears is simply not involved in any decisions related to Ms. Spears' personal care or reproductive issues. Furthermore, Mr. Spears is unable to hear and address his daughter's concerns directly because he has been cut-off from communicating with her.

BRITNEY SPEARS' CONSERVATOR JODI MONTGOMERY IS 'CONCENTRATED' ON GIVING STAR 'TOOLS TO GET BETTER': REPORT

Jamie Spears claims he has been cut off from communicating with the pop star and is not to blame for her lack of freedom under her current conservatorship. (Getty Images)

Jamie further claims Ingham "incorrectly" communicated to the court that his daughter's "incapacity to consent to any form of medical treatment was determined by order filed" on Oct. 10, 2014.

"But there was no such finding, and there is no such order," Jamie argues. "Nonetheless, based on this false premise, Mr. Ingham seeks and order from the Court taking away Ms. Spears' right to give informed consent for her own medical treatment."

Despite the lack of recent communication with Britney, Jamie claimed that he "dutifully served in various conservator roles for over thirteen years on behalf of his daughter, whom he loves unconditionally."

CLICK HERE TO SIGN UP FOR OUR ENTERTAINMENT NEWSLETTER

 On June 23, 2021, Britney Spears addressed the court calling the legal guardianship 'abusive' and asking the judge to terminate it. (Jordan Strauss/Invision/AP, File)

Following his daughter's testimony in court on June 23, Jamie argues that it's "unclear whether it is appropriate for Ms. Montgomery to serve in that role or for that matter, whether the continued conservatorship of Ms. Spears' person is appropriate."

CLICK HERE TO GET THE FOX NEWS APP

On June 23, Spears delivered an impassioned plea to a Los Angeles court to end the longstanding control it has over her life. The singer claimed that under her conservatorship she's blocked from getting married and removing her contraceptive in order to have more kids. 

"I want changes and I want changes going forward," Spears ordered the court in her speech. The star went on to note that she doesn’t want to be evaluated to determine if she has regained her mental capacity.

"My family didn’t do a God d--m thing," she fumed. "Anything I had to do, [my dad] was the one who approved all of it. My whole family did nothing."

Spears' attorney and Montgomery did not immediately return Fox News' requests for comment.

Adblock test (Why?)

Britney Spears' father Jamie Spears blames Jodi Montgomery for blocking star's personal care, medical freedom - Fox News
Read More

Actor Allison Mack Sentenced To 3 Years In Prison For NXIVM Case - NPR

Enlarge this image

Allison Mack leaving a court appearance in 2019. Spencer Platt/Getty Images

Spencer Platt/Getty Images

A federal judge has sentenced Allison Mack to 3 years in prison, along with a $20,000 fine, for her involvement in the NXIVM case.

Allison Mack has been sentenced to 3 years in prison for her role in the Nxivm case. Also a $20,000 fine.

— US Attorney EDNY (@EDNYnews) June 30, 2021

Mack was one of the lead deputies and recruiters for NXIVM — the cult group that masqueraded itself as a self-help organization. The group's leader, Keith Raniere, was sentenced to 120 years in prison in October for racketeering and sex trafficking charges.

According to recently released documents, federal prosecutors asked the judge for a more lenient sentencing on Mack's behalf, saying she was cooperative in the case against Rainere. Notably, Mack provided the government with a recording of the ceremony in which women were branded with Raniere's initials.

"Although Mack could have provided even more substantial assistance had she made the decision to cooperate earlier, Mack provided significant, detailed and highly corroborated information which assisted the government in its prosecution," wrote acting United States Attorney Jacquelyn M. Kasulis.

"While the government did not call Mack to testify at any trial or hearing, she met with the government numerous times at the government's request in order to prepare for potential trial testimony and was available to testify at Raniere's trial if requested to do so."

As an actor, Mack was best known for her role on the WB show Smallville. During Raniere's trial, a woman only identified as Nicole testified that she herself was an aspiring actor when Mack convinced her to join NXIVM as a "slave" under the guise of mentorship, promising that joining the group would help "fix" how she "was feeling." But in order to do so, she had to provide "collateral," including a sex tape and a letter falsely claiming her father sexually abused her. Nicole went on to testify that Mack orchestrated abusive sexual encounters with Raniere.

Another woman, known as Jay, testified that Mack told her that she needed to have seduce Raniere as a way of healing her trauma from previous sexual abuse.

In April 2019, Mack pleaded guilty to the racketeering charges brought against her for her involvement in the NXIVM case.

In a letter to the court, Mack wrote "I am sorry to those of you that I brought into Nxivm. I am sorry I ever exposed you to the nefarious and emotionally abusive schemes of a twisted man. I am sorry that I encouraged you to use your resources to participate in something that was ultimately so ugly."

Adblock test (Why?)

Actor Allison Mack Sentenced To 3 Years In Prison For NXIVM Case - NPR
Read More

Loki episode 4 after-credits scene and Richard E. Grant’s character, explained - Polygon

Each episode of Loki delivers a new mind-bending twist on the Marvel Cinematic Universe. Even the mere introduction of the TVA and the sacred timeline radically shook everything we thought we knew about the “Infinity Saga.” And honestly, we’d expect nothing less from a show starring the God of Mischief. But the steady stream of lore-busting on the Disney Plus original has kept one of Marvel’s classic traditions out of the (time) loop: the after-credits scene. Loki season 1 hasn’t needed one — until episode 4.

“The Nexus Event” picks back up where episode 3 left off, with the imminent destruction of Lementis-1 and both Loki and Sylvie, the female Loki variant, poised for actual death. By the end of the episode, each variant is left with more questions than answers, and the promise of two more episodes to answer them.

But you don’t want to bounce after the credits on this one. The scene is pivotal to where the story’s going in episode 5.

[Ed. note: This post contains spoilers for Loki episode 4, “The Nexus Event”]

“Is this Hel?” Loki wonders aloud.

Moments after Loki and Sylvie discover that the omniscient creators of the sacred timeline, the floaty-chair-sitting Time-Keepers, were just a bunch of animatronics, a defeated Ravonna Renslayer (Guga Mbatha-Raw) prunes the god into oblivion. That might be the end, but like most of what the TVA gets involved in, what happens on the surface doesn’t explain everything that’s going on.

In the post-credits scene, Tom Hiddleston’s version of Loki pops up in what appears to be a ravaged version of New York City, complete with a crumbling Stark Tower. A fair assumption might be that this is an Earth where Loki and Thanos’ attack on New York went according to plan. But it doesn’t appear to be his own timeline: Instead of finding a mirror version of himself lording over the world as king, Loki meets a number of new Loki variants.

Image: Marvel Studios

So who do we have here? On the right is “Classic Loki” (at least by the credits’ description), a mirror image of Jack Kirby’s original take on the character as played by Richard E. Grant — who fans have long speculated might show up as Mephisto, even back in WandaVision.

Not quite. In bold yellow and green, Grant’s Loki is a dead ringer for the version of Loki who reigned devilish king over Marvel’s Thor mythos for decades. If you only know Loki from the MCU or Marvel Comics after Agent of Asgard , it’s tough to separate the Tom Hiddleston of it all from the character. His portrayal shaped the characterization of the God of Mischief for years. But long before his entrance into the MCU, Marvel’s Loki was this thin-faced, jester-garbed figure — wizened where Thor was muscular, sour-faced where Thor was handsome, and as irredeemably evil as Thor was worthy. Marvel’s classic Loki had as much red in his ledger as any other genocidal supervillain, and he felt about as much remorse as a the Joker or Carnage. He was not the sympathetic trickster we know today.

Classic Loki’s transition from villain to antihero took place over many years, but reached an inflection point during Marvel’s Siege event, when … he super died. And at the same time that the old Loki died, a new Loki appeared in the comics: Kid Loki. Also known as Teen Loki, Kid Loki — played by Jack Veal on Loki — was created by Classic Loki as a very long-game bit of trickery. But functionally, he was a younger version of Loki who had yet to commit grievous crimes and had the potential to have a better (though still not completely heroic) nature.

Thor believed in his brother where the rest of Asgard didn’t, and that gave Kid Loki plenty of room to use his “ain’t I a stinker” vibes to become a fan favorite. Though he eventually realized he was a piece of deception and gave way to the narrative need for a fully adult Loki, Kid Loki cameos are not uncommon in Marvel Comics, and some of his adventures, particularly with the Young Avengers, remain very popular.

Comics history doesn’t have much more to clear up about the other two Lokis in the after-credits scene. Deobia Oparei, whose credits include Sex Education and Game of Thrones, seems to be playing a version of Loki that’s more like Thor (if he’s a Loki at all). The heroic outfit even comes with its own hammer, and while the only times Loki has wielded Mjolnir have been when magic spells inverted the moral compasses of most of the characters in the Marvel Universe, who’s to say if the weapon is even Thor’s go-to. Maybe in that world, Loki has is own hammer with its own name.

Then there’s Alligator Loki. Where did he come from? What does he want? We can only hope this means the live-action introduction of Frog Thor in the near future...

---

| Image: Marvel Studios

Loki on Disney Plus

Prices taken at time of publishing.

Sign up for a month- or year-long subscription to catch Marvel’s six-part MCU series

Adblock test (Why?)

Loki episode 4 after-credits scene and Richard E. Grant’s character, explained - Polygon
Read More