As reactions continue to flow over Bill Cosby’s unexpected release from state prison – after his sexual assault conviction was overturned by the Pennsylvania Supreme Court – new questions have arisen as to what the beleaguered TV dad might do next.
The state’s highest court dismissed the 83-year-old disgraced actor’s conviction after it found that District Attorney Kevin Steele, the prosecutor who brought the case against Cosby, violated an agreement not to indict him. It was a deal former District Attorney Bruce Castor made in 2005, though it was apparently never put in writing.
Now legal expert Andrew Stoltmann, who is not involved in Cosby’s case, tells Fox News that there is a clear chance Cosby could turn the tide on the legal system and file his own grievance after he served two years of a three to ten contract. year in prison for alleged sexual assault.
“First of all, from a global perspective it’s kind of a black mark on the whole #MeToo movement because Cosby was basically the start of #MeToo, so for his conviction to be overturned, it ‘is a big deal,’ said the Chicago litigant. .
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“On a micro level, I don’t think you can really read too much of it because it was a truly unique factual pattern – and by that I mean prosecutors said Cosby wasn’t going to be charged – publicly he said which is rare. So Cosby relied on that and then he testified in a deposition, ”Stoltmann added.
“Now normally if Cosby could have been charged he could have argued the Fifth Amendment – the right not to self-incriminate himself, but because prosecutors said he would not be charged, Cosby has talked, ”the lawyer explained. “Cosby let himself be dropped off and he couldn’t claim the fifth because the DA said he wasn’t going to be charged. So that’s a very narrow factual pattern. I don’t think Harvey Weinstein or the other #MeToo sitting in the jail can use this fact model, but it’s a big deal. “
Stotlmann spoke to Fox News about what Cosby’s next move could be and more.
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Fox News: What’s Cosby’s likely next move? Could he sue for damages?
Andrew Stotlmann: Yeah, I’d put a better than 50/50 odds that Cosby would bring a civil action for malicious prosecution and I would expect him to because, look, prosecutors have a lot of immunity in what they do unless they commit gross misconduct and it can be convincingly proven that this is prosecution misconduct. It’s a black eye on prosecutors and it’s a black eye on the criminal procedure system… Now, what lasting impact does this have? I don’t think much. But today, it’s a black eye.
Fox News: How come Cosby’s defense team discovered an unwritten non-prosecution agreement dating back to 2005?
Stotlmann: I think they relied on court records and public statements. You usually can’t introduce new information into a call like this. Therefore, I do not know precisely the evidentiary record. But given Cosby’s resources, he had the ability to investigate, dig, and make a quality case.
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Fox News: Based on your experience in cases of this magnitude, how much money would you estimate that Bill Cosby spent on his legal defense of the indictment upon release?
Stotlmann: I would say there’s no question that Cosby spent at least $ 10 million and that number could rise to $ 25 million between the two trials – the appeal, the private investigators – I mean, that’s a substantial invoice. And he had some of the best lawyers money could buy.
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Fox News: When you first saw Judgment in the news, what was your first reaction?
Stotlmann: I was shocked because it is not common for criminal convictions to be overturned. But there is an advantage to having a lot of money and having the best lawyers money can buy and Cosby took advantage of that – and I’m not saying that the wrong way, but when you have the money, you can afford a very vigorous legal defense. And that’s what Cosby did.