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SVTPerformance's Chain of Restaurants
Road Side Pub
Bill Cosbys sex assault conviction overturned
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<blockquote data-quote="JimCSHO" data-source="post: 16637961" data-attributes="member: 183032"><p>I read the opinion. What happened was the prosecutor decided that he didn't have a good enough case to go after him. The agreement was that charges would be dropped and he was not going to face charges for anything said in the civil trial.</p><p></p><p>As a result, that meant that he could not use his 5th amendment rights against self incrimination during the civil trial. After the civil trial was settled, the new prosecutors decided "we didn't agree to that so we don't have to honor it" (the original prosecutor had left the position). They then used the depositions from the civil trial to charge him and take him to trial.</p><p></p><p>In essence a bait and switch. Prosecutors got what they needed out of him in the civil trial where he couldn't plead the 5th because he was not in danger allegedly of facing criminal prosecution.</p><p></p><p>Then the judge allowed the prosecution to use additional "character" witnesses who had no knowledge of the case he was charged with. That meant that he was convicted as a "bad person" and not on the facts of that case.</p><p></p><p>Prosecutor over-reach meant that the conviction was overturned. Prosecutors can't use evidence that was obtained in violation of your rights. Had the prosecutor not said, "you will not be charged" he would have been able to use the 5th amendment to refuse to answer questions in the civil trial.</p></blockquote><p></p>
[QUOTE="JimCSHO, post: 16637961, member: 183032"] I read the opinion. What happened was the prosecutor decided that he didn't have a good enough case to go after him. The agreement was that charges would be dropped and he was not going to face charges for anything said in the civil trial. As a result, that meant that he could not use his 5th amendment rights against self incrimination during the civil trial. After the civil trial was settled, the new prosecutors decided "we didn't agree to that so we don't have to honor it" (the original prosecutor had left the position). They then used the depositions from the civil trial to charge him and take him to trial. In essence a bait and switch. Prosecutors got what they needed out of him in the civil trial where he couldn't plead the 5th because he was not in danger allegedly of facing criminal prosecution. Then the judge allowed the prosecution to use additional "character" witnesses who had no knowledge of the case he was charged with. That meant that he was convicted as a "bad person" and not on the facts of that case. Prosecutor over-reach meant that the conviction was overturned. Prosecutors can't use evidence that was obtained in violation of your rights. Had the prosecutor not said, "you will not be charged" he would have been able to use the 5th amendment to refuse to answer questions in the civil trial. [/QUOTE]
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SVTPerformance's Chain of Restaurants
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Bill Cosbys sex assault conviction overturned
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