Rabu, 30 Juni 2021

Why Bill Cosby was released after being convicted of sexually assaulting Andrea Constand - ABC News

Bill Cosby's sexual assault conviction has been thrown out, allowing him to walk free from prison.

He had spent about three years locked up after he was found guilty of drugging and molesting Temple University employee Andrea Constand at his suburban Philadelphia mansion.

Mr Cosby, 83, was the first celebrity tried and convicted in the #MeToo era, and his conviction was seen as a turning point in the movement to hold powerful men accountable for sexual misconduct.

Here's a look at the case against Mr Cosby and the Pennsylvania Supreme Court's decision.

Why did the court overturn the conviction?

The split court found Mr Cosby was unfairly prosecuted because a previous district attorney had promised the comedian he wouldn't be charged over Ms Constand's accusations.

Mr Cosby was charged by a subsequent prosecutor, who claimed he wasn't bound by that agreement.

The court disagreed.

The judges found that Mr Cosby relied on that promise when he agreed to testify without invoking his Fifth Amendment right against self-incrimination in a lawsuit brought against him by Ms Constand.

The court concluded that the prosecutor who later brought the charges was obligated to stick to the non-prosecution agreement, so the conviction could not stand.

The justices wrote that "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".

Bill Cosby's face as he looks to the side.
Bill Cosby spent nearly three years in prison before his sexual assault conviction was overturned.(

Reuters: Mark Makela

)

What's the deal with the non-prosecution agreement?

The promise not to prosecute Mr Cosby was made in 2005 by Bruce Castor, who was then the top prosecutor for Montgomery County.

Mr Castor was also on the legal team that defended former president Donald Trump during his historic second impeachment trial over the January 6 insurrection at the US Capitol by his supporters.

During a court hearing weeks after Mr Cosby's 2015 arrest, Mr Castor testified that he promised Mr Cosby he wouldn't be prosecuted in the hopes that it would persuade the actor to testify in a civil case brought by Ms Constand, and allow her to win damages.

Mr Castor acknowledged the only place the matter was put in writing was in the 2005 press release announcing his decision not to prosecute, but said his decision was meant to shield Mr Cosby from prosecution "for all time".

Bruce Castor in a suit and tie and glasses speaks at a lectern in the US Capitol with people seated behind him
Bruce Castor acted for former US president Donald Trump during his second impeachment.(

AP: Senate Television

)

His successor noted, during the appeal arguments, that Mr Castor went on to say in the press release that he could revisit the decision in the future.

Mr Castor had said that Ms Constand's case would be difficult to prove in court because she waited a year to come forward and stayed in contact with Mr Cosby.

The first jurors who heard the case may have agreed with him, as they could not reach a verdict in 2017.

Cosby accuser says she waited 32 years for justice
Several other women, including Chelan Lasha (centre), have accused Mr Cosby of assaulting them.(

News Video

)

But a second jury, empanelled after the #MeToo movement exploded, found Mr Cosby guilty at his 2018 retrial.

Ms Constand settled her civil case against Ms Cosby for more than $US3 million ($4 million).

Mr Castor's successor, District Attorney Kevin Steele, charged Mr Cosby in 2015 after a federal judge, acting on a request from The Associated Press, unsealed documents from Ms Constand's 2005 lawsuit against Mr Cosby, revealing his damaging testimony about sexual encounters with Ms Constand and others.

Mr Castor has said Mr Cosby "would've had to have been nuts to say those things if there was any chance he could've been prosecuted".

What does this mean for Cosby's accuser?

In a statement, Ms Constand and her lawyers called the ruling disappointing, and they, like many other advocates, expressed fear that it could discourage sexual assault victims from coming forward.

"We urge all victims to have their voices heard," they added.

Andrea Constand
Andrea Constand said in a statement she was disappointed by the court's ruling.(

AP: David Maialetti/Philadelphia Inquirer

)

However, Symone Redwine, an attorney and legal expert, said that in retrospect Ms Constand had received all the "relief" she could.

Ms Redwine said Mr Cosby's accuser had received financial compensation from the civil case, and Mr Cosby had also spent several years in prison.

"In this day and age, he'll never be able to work again," she said. 

"He is forever tarnished.

How rare is this?

Extremely rare.

Wesley Oliver, a Pennsylvania law professor who has followed Mr Cosby's case closely over the years, said he had never heard of a high court in Pennsylvania or anywhere else grappling with a prosecutor's informal promise not to prosecute.

"It breaks new ground entirely," said Professor Oliver, who teaches at Duquesne University School of Law in Pittsburgh.

"It sets precedent not just for Pennsylvania but probably other states."

He said the ruling should drive home to prosecutors the risks of suggesting at news conferences, in press releases or verbally in private that they will not prosecute.

Can Cosby be tried again?

It's highly unlikely.

The decision bars him from being tried again over Ms Constand's complaint, finding it to be the "only remedy that comports with society's reasonable expectations of its elected prosecutors and our criminal justice system".

Bill Cosby standing with a woman on one side and two men on the other.
Bill Cosby's appeal lawyer Jennifer Bonjean (left) said her client should never have been prosecuted.(

Reuters: Mark Makela

)

Mr Cosby turns 84 next month. However, his lawyer said he remained in good health, except for vision problems that have rendered him legally blind.

The trial judge deemed him a sexually violent predator who could still pose a danger to women given his wealth, power and fame, and ordered that he be on a lifetime sex offender registry and check in monthly with authorities.

The decision negates that finding.

However, the decision does not prevent anyone else filing a new complaint against Mr Cosby.

The accusations so far raised by dozens of other women, including the five who testified at his 2018 trial, often go back decades and are most likely too remote to prosecute.

"If there are any other victims besides Andrea Constand out there where the statute of limitations has not expired, I'm certain that those prosecutors are probably in their offices today reevaluating those cases to determine if they want to press charges against Bill Cosby for them," said Ms Redwine.

ABC/AP

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2021-07-01 01:49:09Z
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Smallville actor Allison Mack sentenced to three years in prison for her role in NXIVM sex cult's crimes - ABC News

Smallville actor Allison Mack has been sentenced to three years in prison for her role in NXIVM, a New York-based cult in which women were branded with its leader's initials and ordered to have sex with him.

Mack, 38, who pleaded guilty in 2019 to racketeering and conspiracy, is expected to begin serving her sentence on September 29.

Before being sentenced, Mack tearfully apologised to her victims and her family, saying her actions while in the group were "abusive, abhorrent and illegal". 

She said she had completely renounced NXIVM leader Keith Raniere, who was sentenced to 120 years in prison last year for sex trafficking and other crimes.

"Coming out from under this delusion has been the most difficult experience of my life," Mack said.

A courtroom sketch shows Allison Mack weeping while she apologises to the women she victimised.
Mack as depicted in a courtroom sketch from her sentencing. 

Former NXIVM members testified at Raniere's trial that he established a secret sorority within the organisation in which "slaves" pledged total obedience to "masters", with Raniere at the top as "grand master." 

Women were kept on starvation diets, branded with Raniere's initials and in some cases coerced into sex with him.

Leaders of the group were said to use nude photos and other compromising materials to keep lower-ranking members in line. 

Mack, who was both a "slave" of Raniere and "master" of other women, admitted in her guilty plea that she coerced two women into doing unpaid work by threatening to release damaging information about them.

One victim, Jessica Joan, spoke at the sentencing hearing, saying Mack emotionally manipulated her and eventually ordered her to "seduce" Raniere, with the promise that doing so would resolve her trauma from previous sexual abuse. 

Cult victim Jessica Joan walks in before Mack's sentencing
Former NXIVM cult member Jessica Joan arriving for Mack's sentencing hearing.(

Reuters: Andrew Kelly

)

Ms Joan said she did not obey that order.

She called Mack "a predator and an evil human being" and said she was "cut from the same cloth" as Raniere.

US District Judge Nicholas Garaufis said Mack had been an "essential accomplice" in Raniere's "monstrous crimes", rejecting her lawyers' plea for a sentence of home confinement or probation.

However, the judge agreed with prosecutors that she deserved credit for cooperating against Raniere, warranting a sentence much lower than the 14 years called for by federal guidelines. 

He also said he believed her remorse was sincere.

Smallville, a television series that ran from 2001 to 2011, featured a young Clark Kent before he became famous as Superman. Mack played Chloe Sullivan, his close friend.

AP

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2021-06-30 23:30:42Z
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Bill Cosby released from prison after sex conviction overturned - 9News

Bill Cosby has defiantly declared his innocence after he was released from prison overnight in a stunning reversal of fortune for the comedian once known as "America's Dad".

Cosby's lawyers say the disgraced comedian served "three years of an unjust sentence" after he walked free.

News of Cosby's release from prison has shocked many across the US, especially his accusers.

Bill Cosby
Bill Cosby's lawyers said the disgraced comedian served "three years of an unjust sentence" as he was released from prison overnight a stunning reversal of fortune for the comedian once known as "America's Dad". (AP)
Pennsylvania's highest court threw out Cosby's sexual assault conviction and released him from prison.

The court ruled that the prosecutor who brought the case was bound by his predecessor's agreement not to charge Cosby.

Lawyer Brian Perry addressed the media alongside Cosby hours after he was released.

"We've said from day one, we just didn't think he was treated fairly," he said.

"And that... the system has to be fair, and fortunately, the Supreme Court agreed with us.

"He's happy, his wife is happy. The system only works if it's fair to all sides. That's the bottom line."

The comedian didn't speak during the press conference but later tweeted to say he has never changed his "stance nor my story".

"I have always maintained my innocence," Cosby said.

"Thank you to all my fans, supporters and friends who stood by me through this ordeal."

Accusers and their attorneys express outrage

The reaction from accusers and their attorneys to the announcement is in stark contrast to the elation many of them felt in 2018 when the comedian was found guilty of three counts of aggravated indecent assault for drugging and sexually assaulting Andrea Constand at his home in a Philadelphia suburb in 2004.

The women, along with their attorneys, have spoken out about Cosby's release.

Lisa Bloom told CNN's Ana Cabrera she is "disgusted and shocked" by the ruling.

Lisa Bloom
Lisa Bloom told CNN's Ana Cabrera she is "disgusted and shocked" by the ruling. (Getty)

"The jury heard all of the evidence, considered everything, convicted him, and now that this day has come I just think it's a slap in the face for all the victims," Ms Bloom, one of the attorneys, said.

"I'm glad he got some time served," she said, but it was only "a tiny, tiny measure of the justice that he should have received."

Ms Bloom said she thought it was "going to be a very hard day. I think it's going to be a retriggering event for all of them who've testified that he had drugged and raped them".

She also tweeted and told CNN that Cosby's release shows the criminal justice system favours the rich and powerful.

"And it just goes to show, if you have money and power in the criminal justice system and you can afford attorneys to fight and fight for years and years, eventually you may find a loophole and a way to get a conviction overturned, and that's what's happened here," Ms Bloom said.

Lawyer Gloria Allred, representing plaintiffs in California against comedian Bill Cosby, speaks to media during a recess at the Montgomery County Courthouse for a preliminary hearing related to assault charges, May 24, 2016, in Norristown, PA. AFP PHOTO/DOMINICK REUTER/POOL
Attorney Gloria Allred, who represented many of the women who have accused Bill Cosby of misconduct, says today's court decision to release Cosby is "devastating" for the accusers. (AP)

In a statement obtained by CNN, attorney Gloria Allred said the following:

"This decision by the Pennsylvania Supreme Court today to overturn the conviction of Bill Cosby must be devastating for Bill Cosby's accusers," she said.

"My heart especially goes out to those who bravely testified in both of his criminal cases. I represented a majority of the prior bad act accusers who testified.

"Despite the Pennsylvania Supreme Court's decision, this was an important fight for justice and even though the court overturned the conviction on technical grounds, it did not vindicate Bill Cosby's conduct and should not be interpreted as a statement or a finding that he did not engage in the acts of which he has been accused."

Victoria Valentino
Victoria Valentino said the announcement came out of left field and she described it as a gut punch. (NurPhoto via Getty Images)

Victoria Valentino, who accused Cosby of raping her in the 1960s, said she felt "outraged" and "stunned".

"My stomach is in knots. The work that we have done to uplift women has been overturned by a legal glitch. We now have a serial predator on the street," she said.

Ms Valentino said the announcement came out of left field and she described it as a gut punch.

"What does that say about a woman's worth? A woman's value? Do our lives mean nothing? All of the lives that he damaged, not to mention our children and how we respond to our children and our personal relationships. He's impacted the lives of well over 60 women."

Ms Valentino went on to say that when Cosby's guilty verdict came three years ago, she and other accusers — as well as victims of other powerful men, such as Harvey Weinstein — felt vindicated.

"So here we are, back to square one," she said.

Janice Baker-Kinney
Janice Baker-Kinney told CNN affiliate WPVI-TV it's taking her some time to absorb news of Cosby's release. (Getty)

Janice Baker-Kinney accused Cosby of giving her pills and raping her in the 1980s.

She told CNN affiliate WPVI-TV it's taking her some time to absorb news of Cosby's release.

"I am stunned, I am shocked and my stomach is in a knot," she said.

Cosby released

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 Ms Constand — brought charges against him days before the 12-year statute of limitations was about to run out.

But the Pennsylvania Supreme Court said overnight 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.

Bill Cosby freed from prison, sex conviction overturned
Bill Cosby was promptly set free from the state prison in suburban Montgomery County on Wednesday and returned to his home with no immediate comment. (Supplied)

Justice David Wecht, writing for a split court, said Cosby had relied on the former district attorney's decision not to charge him when the comedian gave his potentially incriminating testimony in Ms 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."

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.

Bill Cosby freed from prison, sex conviction overturned
The comedian didn't speak during the press conference but tweeted he has never changed his "stance nor (his) story". (AP)

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, Mr Steele said Cosby went free "on a procedural issue that is irrelevant to the facts of the crime."

He commended Ms 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."

Ms 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.

Bill Cosby freed from prison, sex conviction overturned
Bill Cosby's attorneys addressed the media alongside the disgraced comedian. (AP)

"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 favour, 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.

Bill Cosby freed from prison, sex conviction overturned
Cosby was set free from the state prison in suburban Montgomery County on Wednesday and returned to his home with no immediate comment. (AP)

"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," Mr Goldberger said.

Even though Cosby was charged only with the assault on Ms Constand, the judge at his trial allowed five other accusers to testify that they, too, were similarly victimised by Cosby in the 1980s.

Prosecutors called them as witnesses to establish what they said was a pattern of behaviour 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.

Actor and comedian Bill Cosby departs the courthouse after he was found guilty in his sexual assault retrial, Thursday, April, 26, 2018, at the Montgomery County Courthouse in Norristown, Pa. (AP Photo/Matt Slocum)
Cosby 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. (AP)

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 Ms Constand's allegations, Montgomery County District Attorney Bruce Castor, considered the case flawed because Ms 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.

Cosby was the first celebrity tried and convicted in the #MeToo era. (AP)

He eventually settled with Ms Constand for US$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 Ms Constand has granted.

Pennsylvania's highest court threw out Bill Cosby's sexual assault conviction and released him from prison Wednesday. (AP)

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.

Overnight, 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.

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2021-06-30 23:29:03Z
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Indiana Jones 5 thrown into chaos by Harrison Ford’s injury - NEWS.com.au

Perhaps this is what Indy meant when he said, “It’s not the years, honey. It’s the mileage”.

Fans won’t get to see Harrison Ford’s legendary whip-wielding archaeologist ride into the sunset just yet. Production on the much-delayed final instalment of Indiana Jones has ground to a halt yet again as the action star recovers from an injury he suffered during filming.

“It is Harrison’s last outing as Indiana and everyone thought it would be plain sailing,” an industry insider told The Sun. “But now Harrison is injured and it is worse than first thought.”

RELATED: Where are they now? The biggest Indiana Jones stars

The disaster began after the 78-year-old Star Wars actor hurt his shoulder while shooting a fight scene for Indiana Jones 5 last week, Disney confirmed in a statement.

And while the team had initially suggested that the mishap wouldn’t derail filming too badly, the Oscar nominee and franchise film icon will reportedly be sidelined for at least three months as he undergoes shoulder surgery.

“The film’s bosses have come together to work out the scheduling and it’s chaos,” lamented the source. “The earliest they think they can restart the production is September.”

They added, “It was not what anyone was expecting so to have to change everything is a huge blow.”

Representatives for Disney and Harrison Ford did not immediately return The Post’s request for comment.

This marks yet another hiccup for the highly anticipated Indy film, which was originally slated to hit theatres on July 9, 2021, but was pushed back to July 29, 2022 this past April over Covid concerns, Collider reported.

Sources have yet to confirm whether this latest fiasco will impact the theatrical debut of Indiana Jones 5.

Despite the setback, the insider says that everyone is glad that Ford “is on the mend”.

One group that might not be upset by the temporary delay: residents of Hackney, East London, the film location where residents say the production was making life “a living hell” for them. While the production paid one neighbour $100,000 to film in their home, the entire street has been blocked off for days, causing major headaches, according to local reports.

This article originally appeared on the New York Post and was reproduced with permission

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2021-06-30 21:50:43Z
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Bill Cosby released from prison after sex conviction overturned - 9News

Bill Cosby's lawyers said the disgraced comedian served "three years of an unjust sentence" as he was released from prison overnight a stunning reversal of fortune for the comedian once known as "America's Dad".

Pennsylvania's highest court threw out Bill Cosby's sexual assault conviction and released him from prison.

The court ruled that the prosecutor who brought the case was bound by his predecessor's agreement not to charge Cosby.

Bill Cosby freed from prison, sex conviction overturned
Bill Cosby was promptly set free from the state prison in suburban Montgomery County on Wednesday and returned to his home with no immediate comment. (Supplied)

Lawyer Brian Perry, addressed the media alongside Cosby hours after he was released.

Mr Perry said "the system has to be fair, and fortunately the Supreme Court agreed with us."

"We've said from day one, we just didn't think he was treated fairly," he said.

"And that...the system has to be fair, and fortunately, the Supreme Court agreed with us.

"He's happy, his wife is happy. The system only works if it's fair to all sides. That's the bottom line."

The comedian didn't speak during the press conference.

Bill Cosby freed from prison, sex conviction overturned
Bill Cosby's attorneys addressed the media alongside the disgraced comedian. (AP)

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 Ms Constand — brought charges against him days before the 12-year statute of limitations was about to run out.

But the Pennsylvania Supreme Court said on 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 former district attorney's decision not to charge him when the comedian gave his potentially incriminating testimony in Ms Constand's civil case.

Bill Cosby freed from prison, sex conviction overturned
Cosby didn't speak during the press conference. (AP)

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."

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 on Wednesday and returned to his home with no immediate comment.

Actor and comedian Bill Cosby departs the courthouse after he was found guilty in his sexual assault retrial, Thursday, April, 26, 2018, at the Montgomery County Courthouse in Norristown, Pa. (AP Photo/Matt Slocum)
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. (AP)

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, Mr Steele said Cosby went free "on a procedural issue that is irrelevant to the facts of the crime."

He commended Ms 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."

Ms 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.

Bill Cosby was the first celebrity tried and convicted in the #MeToo era. (AP)

"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," Mr 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 victimised by Cosby in the 1980s.

Prosecutors called them as witnesses to establish what they said was a pattern of behaviour 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 Ms Constand's allegations, Montgomery County District Attorney Bruce Castor, considered the case flawed because Ms 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 Ms Constand for US$3.4 million.

Pennsylvania's highest court threw out Bill Cosby's sexual assault conviction and released him from prison Wednesday. (AP)

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 Ms 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.

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2021-06-30 21:24:32Z
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Former Smallville star Allison Mack sentenced for role in NXIVM sex cult - NEWS.com.au

Allison Mack, former Smallville actress and high-ranking member of the cult group NXIVM, has been sentenced to three years in prison .

Mack is required to have three years of supervised release after serving her prison term and has to pay a $US20,000 ($A27,000) fine.

The group’s leader, Keith Raniere, was sentenced to 120 years in prison in October for racketeering and sex trafficking charges.

At her sentencing in Brooklyn federal court, Mack renounced the self-improvement guru.

“I made choices I will forever regret,” she said, also telling the judge she was filled with “remorse and guilt.”

The New York Post reports that Mack, 38, asked US District Judge Nicholas Garaufis in Brooklyn to spare her prison time and instead sentence her to home confinement or probation.

“She cannot undo what has been done, and she will have to live with the regret for the rest of her life,” Mack’s lawyers said in a court filing last week. “But Ms Mack still holds the potential to be valuable to society – as a family member, as a friend, as a helper to those in need and as a cautionary tale.”

Seagram liquor company heiress Clare Bronfman, who was accused of using more than $100 million of her $2.6 billion estimated net worth to fund the group

It’s almost unbelievable even by TV drama standards.

Mack won legions of young fans over the years playing Chloe Sullivan, the clever girl-next-door sidekick to a young Clark Kent, in the hit series Smallville.

Then the fresh-faced Teen Choice Award winner was introduced to the supposed self-help group NXIVM and its sadistic leader, Keith Raniere — transforming her from hardworking television star to sex-cult recruiter.

Mack was one of Raniere’s top slave “masters” who branded women with his initials, starved and blackmailed them and groomed them for sex with him.

How Mack went from star to federal indictment has baffled even those who knew her.

“It’s like someone telling you that your brother murdered someone,” former Smallville actor Michael Rosenbaum told the podcast This Past Weekend after Mack had been arrested for her crimes in 2018.

“You’re like, ‘No he didn’t,’ ” Rosenbaum said. “[Mack] was just a great girl, great actress. … Ultimately, inadvertently, she got into something that was bigger than her.”

But Mack explained it to a judge this way: Like any good cult member, she was simply trying to belong to something bigger.

“I joined NXIVM first to find purpose,” the sobbing actress said at her plea hearing in April 2019. “I was lost, and I wanted to find a place, a community in which I would feel comfortable.”

Before her tumble into darkness, Mack had seemed to fill that personal void with her craft, which she had honed since childhood.

Born in Germany and raised in Long Beach, California, Mack appeared in print and commercial ads starting at age 4 and began studying at the Young Actors Space in Los Angeles by 7, according to her IMDB page.

She was 14 when she landed work as a guest star on 7th Heaven and after that, with several other TV shows before joining the cast of Smallville in 2001 at age 18.

It was on the set of the Superman series where Mack made a connection that would alter her life forever.

She bonded with co-star Kristin Kreuk, who in 2006 brought her to a Vancouver hotel for a meeting with a NXIVM-linked group, the New York Times reported. Kreuk has since said she had no idea about the organisation’s dark activities, much less took part in them.

At the meeting, Raniere’s right-hand woman, Nancy Salzman, took an interest in Mack and was soon offering to fly her to meet the guru in Albany, NY.

Mack became engrossed in the reputed women’s empowerment group over the next few years, isolating herself from friends and eventually moving to Brooklyn when Smallville ended in 2011.

She bought a home in upstate New York’s Clifton Park, a hub for NXIVM and its members, who flocked there to be closer to “Vanguard,” as Raniere called himself.

Mack tried using her on-screen cachet to lure big-name female stars into the group.

Around 2016, she tweeted Harry Potter star Emma Watson and singing sensation Kelly Clarkson to talk about an “amazing women’s movement” that she thought they might be interested in. The ruse didn’t work.

But Mack was able to attract some aspiring actresses — who ended up testifying on horrific acts she helped commit as part of the sex cult Raniere established inside NXIVM.

One of the victims, identified by prosecutors only as Nicole, was abused while visiting Mack in Clifton Park.

“Raniere blindfolded Nicole, led her into a car and drove her to a house,” the feds wrote in a recent sentencing memorandum in Mack’s case.

“Raniere then led Nicole, still blindfolded, through some trees and inside a building, where he ordered her to undress and tied her to a table.

“Another person in the room, unknown to Nicole, began performing oral sex on Nicole.”

Other tales that came out at trial and in a documentary about the sex cult included Raniere measuring Mack’s daily calories to keep her stick-thin — and her doing likewise to DOS members such as India Oxenberg, the daughter of TV Dynasty star and real-life royalty Catherine Oxenberg.

As a “master” in the DOS group, Mack was accused of telling a “slave” who had been molested as a child that the best way to “heal” herself was to have sex with Raniere.

“And I give you permission to enjoy it,” she said.

Mack also once allegedly boasted that the branding of DOS’s “slaves” was her idea — suggesting that tattoos would have been wimpy.

Mack, who married Battlestar Galactica TV actress Nicki Clyne in 2017 before filing for divorce in December, had sex with Raniere, as did Clyne, Salzman testified in court.

Mack was reportedly with Raniere when he was busted in the resort town of Puerto Vallarta, Mexico, in the spring of 2018.

The cult leader landed 120 years behind bars when he was sentenced for his heinous crimes in October.

This article originally appeared in the New York Post and is republished here with permission

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2021-06-30 18:45:00Z
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Bill Cosby to be released from prison, conviction overturned for sexual assault - NEWS.com.au

A US court overturned comedian Bill Cosby’s conviction for drugging and sexually assaulting a woman 15 years ago, allowing his release from prison.

“Cosby’s convictions and judgment of sentence are vacated, and he is discharged,” the Pennsylvania Supreme Court wrote in a 79-page ruling.

Cosby, 83, had served more than two years of a three- to 10-year sentence at a state prison near Philadelphia.

The state Supreme Court found that an agreement with a previous prosecutor prevented him from being charged for allegedly drugging and molesting Andrea Constand in 2004.

Although more than 60 women charged that they had been victims of sexual assault by Cosby, he was tried criminally only for Ms Constand’s assault, since the statute of limitations had expired in the other cases.

The ruling bars any retrial in the case.

It was not immediately clear when he would be released.

“We will need to receive, authenticate and review the court documents before we move forward,” a spokesperson for the Pennsylvania Department of Corrections told AFP.

Charges were filed against Cosby, who was once celebrated as “America’s Dad,” in late 2015 — just days before the 12-year statute of limitations expired. He was convicted in 2018 at his second trial, after a first trial ended in a hung jury.

He had refused to offer any remorse over the encounter with the Temple University employee, vowing instead to serve all 10 years of the sentence.

He was recently denied parole, in part, over his refusal to admit guilt or acknowledge any remorse for crimes he maintains he did not commit.

The case had a complicated history that began in 2005 when Constand first reported the alleged assault to then-Montgomery County District Attorney Bruce L. Castor Jr., who ultimately declined to file charges in this case.

But Mr Castor’s successors reopened the case and charged Cosby in 2015, just days before the 12-year statute of limitations expired and amid a barrage of new accusations from women across the country.

Mr Castor objected to the new prosecution, saying he’d struck a deal with Cosby and his lawyers not to prosecute him for Constand’s assault if Cosby agreed to sit for a deposition in a civil case she had filed against him.

Excerpts from that deposition were ultimately used against Cosby at trial

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.

He filed a second appeal against his conviction in August last year. His lawyers argued that five women should not have been allowed to give evidence at his trial as witnesses.

They complained that their “decades-old” allegations, which were not part of the charges, had prejudiced the jury.

It was the first guilty verdict for sexual assault against a celebrity since the advent of the #MeToo movement.

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2021-06-30 17:37:30Z
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Melissa Leong reprimands Sabina for being too hard on herself - NEWS.com.au

After losing Depinder in the last elimination challenge when the MasterChef contestants were in the Northern Territory, the team is back in Melbourne.

Mel welcomes the contestants home after an amazing couple of days away, and reveals that Wednesday night will be a Mystery Box challenge.

Unfortunately for Sabina, who is a huge frontrunner on the show, she overcooked her lamb and the judges tell her so.

“A lot to love about this dish,” says Jock. “Only negative for me is the lamb, it’s a touch over cooked. Maybe a little past medium. That’s my only negative.”

Instantly, Sabina’s face drops.

RELATED: Star chef’s incredible cancer journey

“Don’t be disappointed,” says Andy. “I can see it in your face straight away, this is a very good dish. Quite simple but so sophisticated on the palette.”

Mel interjects. “You’re really clever. The smoked ricotta is brilliant.”

However, Sabina still looks incredibly disappointed, which earns her a stern talking to from Mel.

RELATED: Contestant tells celeb chef to ‘get stuffed’

“You’re hard on yourself, and I can see you going down your shame spiral at the moment. Stop it please. Because you really have earned your place to be here. Keep cooking this well, it’s just down to these little details.”

Listening to Mel, she raises her chin and smiles.

The contestants lifted their lids to find seven ingredients - including milk, lamb loin chop, black peppercorns, blackberries, white onion, bay leaf and verjuice. Andy informs them that this is the dreaded ‘Everything Box’, which means they must use all of the ingredients under the mystery box in their dish.

Andy tells them not to get ahead of themselves because they have one more ingredient to throw into the box and it’s come straight from the farm. Farmer John enters carrying a box of purple cauliflower.

The contestants have 75 minutes to create a dish using all eight of the ingredients in the Mystery Box and all the regular under bench pantry staples. The cooks of the three best dishes will compete in tomorrow’s final immunity challenge for MasterChef 2021.

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2021-06-30 10:34:08Z
CBMinQFodHRwczovL3d3dy5uZXdzLmNvbS5hdS9lbnRlcnRhaW5tZW50L3R2L3JlYWxpdHktdHYvbWVsaXNzYS1sZW9uZy1yZXByaW1hbmRzLXNhYmluYS1mb3ItYmVpbmctdG9vLWhhcmQtb24taGVyc2VsZi9uZXdzLXN0b3J5L2YwMGQxYjJjYTJiMDQ3ZWJmZThiODJjMjY5NDQ4OThj0gGdAWh0dHBzOi8vYW1wLm5ld3MuY29tLmF1L2VudGVydGFpbm1lbnQvdHYvcmVhbGl0eS10di9tZWxpc3NhLWxlb25nLXJlcHJpbWFuZHMtc2FiaW5hLWZvci1iZWluZy10b28taGFyZC1vbi1oZXJzZWxmL25ld3Mtc3RvcnkvZjAwZDFiMmNhMmIwNDdlYmZlOGI4MmMyNjk0NDg5OGM