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Prosecutors ask U.S. Supreme Court to reconsider Bill Cosby’s sexual assault conviction

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The Montgomery County District Attorney, who led the high-profile court case against Cosby for sexually assaulting Andrea Constand, said in a press release the main issue of the appeal was the 14th Amendment and the right to litigation regular.

“The question put to the court is:” When a prosecutor publicly announces that he will not bring criminal charges on the basis of a lack of evidence, does the due process clause of the Fourteenth Amendment transform she announces this in a binding promise that no charges will ever be laid? filed, a promise on which the target can rely as if it were a grant of immunity? “” Indicates the press release.

As the ruling stands, it could have “far reaching negative consequences” across the country, District Attorney Kevin Steele said in a statement.

“Petitioning for a High Court review was the right thing to do because of the precedent set in this case by the majority opinion of the Pennsylvania Supreme Court that prosecutors’ statements in press releases now apparently create a immunity, ”Steele said. “The United States Supreme Court can correct what we believe to be a serious wrong. “

Cosby was convicted of aggravated indecent assault in 2018 for drugging and sexually assaulting Constand in his Pennsylvania home in 2004. He was sentenced to 3 to 10 years in state prison. The case marked the first high-profile celebrity criminal trial of the #MeToo era.
He was released from prison in June after the state Supreme Court overturned his sexual assault conviction on the grounds that his due process rights had been violated. Pennsylvania State Supreme Court justices said in their opinion that a former Montgomery County prosecutor’s decision not to prosecute Cosby in 2005 in exchange for his deposition in a civil case was ultimately used against him during the trial.

Cosby spokesman Andrew Wyatt blasted the call, saying the district attorney’s office “is unwilling to accept his epic loss.”

“There is no basis for the prosecutor’s request which focuses on the unique facts of the Cosby case and has no impact on important issues of federal law,” Wyatt said. “This is a pathetic last-ditch effort that will not prevail. The Montgomery County Attorney’s fixation with Mr. Cosby is troubling to say the least.”

The petition has not yet been officially received by the United States Supreme Court.

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