Except... the technicality he was freed on had nothing to do with innocence.
The only reason why Cosby is free tonight is unlike most people of color caught up in the Criminal Justice system, he had the resources to fight back. There are a bunch of actually innocent people in prison tonight because their Public Defender stopped caring years ago.
Most technicalities have nothing to do with innocence. The right to remain silent has nothing to do with innocence. It has to do with requiring the Prosecution to prove the case. To take anyone’s freedom you have to prove the case beyond a Reasonable Doubt. Not a preponderance of the evidence, not 50.1% of the evidence. But beyond a reasonable doubt.
The Founders wanted it to be hard to take a Man’s freedom or life. They considered this so important that more of the Bill of Rights is dedicated to that than any other cause. Freedom of expression and beliefs is one. Ownership of firearms is a single right. Think about it. The Fourth, Fifth, Sixth, Seventh, and Eighth amendments are all about what can’t be done to an accused.
Those technicalities almost all derive from those five enumerated rights.
Now, I’ll agree that the more money you have, the better your odds of a fair trial. And I’ll agree that Public Defenders are overworked and burned out. But that does not diminish the victory for fairness and the freedoms we enjoy that occurred with Cosby.
Let’s say I am an elected, or appointed person. I have the authority to make deals. I make one, and it turns out to be a bad deal for the public, or justice or whatever. It is too bad. The deal is done, and we’re stuck with it.
In Cosby’s case, they used victims to establish a pattern of behavior. Ok, but those victims were not part of the charges against him. They shouldn’t have been used. Also the information being used was already investigated, and rejected for prosecution, and the decision was made not to prosecute Cosby.
The decision was made because Cosby was arguing he couldn’t answer questions in a Civil Trial because it might tend to incriminate him. His Fifth Amendment Rights. The decision was made by the DA to try and bankrupt Cosby. To let the Victims of the crimes he could not prosecute because of insufficient evidence and the statute of limitations, suck every dollar out of Cosby. So he agreed not to hold Cosby accountable for his testimony in a civil trial.
This wasn’t done to protect Cosby. It was done to strip Cosby of his fifth amendment rights, the right against self incrimination, and to bankrupt him.
When the civil trial was over we ended up in the micro era of Me Too. Then the decision to protect Cosby as part of the effort to bankrupt him seemed bad. Like favoritism.
So the next DA went back on the deal. Our history is repeat with descendants ignoring deals made by our ancestors. Look at the history of the Native Americans. We will trade this land which will be yours, for all time, for peace. Well there is more of us now and we want that land, get lost or we’ll wipe you out. I personally consider those dishonorable events to be an abomination. I am disgusted by those historical events.
Once a deal is made, you’re stuck with it. The Columbia Record Club as one terrible example in my own past. You have to think carefully before you make that deal.
Once Cosby was stripped of his Fifth Amendment Rights, he was forced to admit he had used drugs to get women more compliant. Disgusting? You’re god damned right. But you can’t prosecute him for that, or with any evidence derived from that, because of the deal.
It has nothing to do with innocence. It has everything to do with the Founders intending it to be hard to strip someone of their freedom.