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thrawn527
Mar 27, 2004

Thrawn/Pellaeon
Studying the art of terrorists
To keep you safe

Macdeo Lurjtux posted:

It wasn't a single judge, it was the state Supreme Court. The same body that had indicated they wanted to overturn the conviction and were looking for a reason. So really this doesn't feel great for anyone that isn't Cosby.

When did they indicate that they wanted to overturn the conviction? Actually asking, not trying to make a point, because I don’t know.

Skwirl posted:

It sucks a rapist got out of jail early, but maybe the prosecutors should follow the loving law when prosecuting cases?

:same:

We really shouldn’t side with prosecutors who break the law just because they do so against someone we don’t like or someone we’ve already decided is guilty. Like, yeah, Cosby is a piece of poo poo. But that doesn’t mean we should cheer on cops.

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reignonyourparade
Nov 15, 2012

Skwirl posted:

Bill Cosby is a monster, but I don't think the solution is making cops and prosecutors less accountable for their actions when they also violate the law.

Would be way more convincing if there was any reason to believe this would make them more accountable in general instead of Only With Rich People Specifically.

Space Cadet Omoly
Jan 15, 2014

~Groovy~


graventy posted:

It's super cool that I can basically bribe a prosecutor to agree not to charge me and then I can never be charged for that crime. That's the only message I'm taking from this.

Yup! Our legal system has deep flaws that the rich exploit so that they can openly commit crimes without free of any sort of punishment ever!

Air Skwirl
May 13, 2007

Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed shitposting.

Pirate Jet posted:

If the rule brought you to this, then what use was the rule?

Prosecutors not following the rules is what brought us to this. Do you know what the word "rule" means?

graventy posted:

Oh? Will the prosecutor be charged for this incredible misconduct?

Almost certainly not, which obviously means no one should ever be allowed to appeal their case based on misconduct of the prosecutor.

MonsieurChoc
Oct 12, 2013

Every species can smell its own extinction.
Meanwhile Britney isn't free.

Macdeo Lurjtux
Jul 5, 2011

BRRREADSTOOORRM!

thrawn527 posted:

When did they indicate that they wanted to overturn the conviction? Actually asking, not trying to make a point, because I don’t know.

https://www.inquirer.com/news/bill-cosby-supreme-court-appeal-pennsylvania-andrea-constand-janice-dickinson-20201201.html

I took it as an implication, the Judges presiding over the appeal were very upset that the prosecution called women Cosby had allegedly assaulted in the past as witnesses.

Chris James 2
Aug 9, 2012


MonsieurChoc posted:

Meanwhile Britney isn't free.

https://twitter.com/alexsalvinews/status/1410395332769464323

Continuing the poo poo day in stride, and I'm confident skwirl and company will defend this insanity too for some reason

Air Skwirl
May 13, 2007

Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed shitposting.

Chris James 2 posted:

https://twitter.com/alexsalvinews/status/1410395332769464323

Continuing the poo poo day in stride, and I'm confident skwirl and company will defend this insanity too for some reason

Right, because I said the people in charge of prosecuting the law should also follow it I'm gonna defend this bullshit.

The people prosecuting Bill Cosby hosed up and he could afford lawyers able to effectively point that out. That's what loving happened. I'm not happy he isn't in jail, but I understand why he isn't. What's happening to Brittney Spears is a perfect example of why we need strict rules that judges and prosecutors have to follow, the conservatorship system seems to have way too much leeway in allowing judges to do whatever they feel like.

Nissin Cup Nudist
Sep 3, 2011
Probation
Can't post for 11 hours!

evilweasel posted:

2005: A victim reports she was raped by Cosby The DA at the time (Castor) loudly announces he has declined to prosecute and has determined no charges will be filed, ever.

Now, he claims he did this for altruistic reasons. His claim was that he didn't have enough evidence to win a prosecution, but at the request of Constand (the victim)'s lawyers, he made that announcement so that Cosby could not invoke the 5th Amendment in the lawsuit against him.

Cosby does, in fact, testify in that civil case without invoking the 5th Amendment.

Later, Castor leaves office, and his successor decides to prosecute Cosby. She argues that Castor had no legal right to offer immunity (this is correct), and so a decision not to prosecute cannot bind future DAs. Again, as a matter of law, this appears to be correct.

The ruling is that Cosby reasonably relied, to his detriment, on Castor's announcement he would decline to prosecute. The ruling does say the trial court found that Castor was not credible in his claims he reached agreement with Cosby, but it does say because Cosby relied to his detriment in the civil case that he can never be prosecuted.

They don't really identify anything that the DA who prosecuted him hosed up - they never had a chance.

evilweasel posted:

So I basically summarized the decision above, but basically it was "although the prosecutor didn't have the power to forever promise Cosby would not be indicted, because Cosby thought he did and reasonably relied on it to his detriment in his civil trial by not invoking the 5th in his civil trial, that promise is binding on Pennsylvania despite the DA not having the power to make that promise, and Cosby may never be prosecuted even if the evidence is excluded."

The key thing is the prejudice to Cosby is it was more likely he would lose the lawsuit. You need to keep that in mind - the decision said he could not be retried, just without the deposition testimony, because the damage was already done in the lawsuit.

Here's why I think that's wrong:

1) The DA did not have the power to give Cosby immunity: the decision is very clear that you can only give immunity via a court order. One was never obtained, nobody disputes that.
2) The trial court found Castor not credible and did not find there was an agreement. Factually, this was a unilateral promise by the DA, not an agreement (for the purposes of this decision).
3) Cosby was represented by sophisticated counsel. Those counsel can and should have told him he didn't have immunity. If they did not, then he can sue them for malpractice. But the powers of a DA, and the requirement to get a court order for immunity, are a matter of public law - you don't get to reasonably rely on a mistake about them because that information is public. Especially if you have lawyers!
4) You don't have a 5th Amendment right in civil cases. The fact that your testimony can later be used in a criminal case can be a basis to invoke the 5th, which can offer you a litigation advantage, but you do not have the legal right to avoid giving information that would be harmful to your interests in a civil case.

Had Cosby been unclear on what his rights were, he should have sought a court order clarifying if he could invoke the 5th Amendment in his civil case. He didn't. That's his problem. I would feel sketchy about this if he was a poor criminal defendant without effective access to counsel, but that is clearly, clearly not the case here. He had lawyers, who had every chance to carefully review the issue.

The remedy, if any, should have been to suppress the depositions given under the mistaken belief he could not invoke the 5th for the purposes of the criminal trial. He doesn't have a right to avoid testifying against himself in a civil trial as long as it could not be used against him in a criminal trial, and so I don't consider relying on that he could never be prosecuted as reasonable reliance to his detriment. I would argue that, again, sucks to be him he did a stupid thing and the depositions should be admissible against him, but it would be a much stronger argument where I wouldn't think the decision was clearly unreasonable the way I think this one is.

There was a similar case that the Supreme Court noted:
1) A person was told by the police they would not be prosecuted if they turned over their drug dealer's name and info
2) lol thy got prosecuted anyway, because police don't get to make charging decisions
3) The PA Supreme Court held that sucks to be you, the police don't get to make charging decisions - but you might be able to suppress any evidence you were conned into giving up on the reasonable mistaken belief you would not be prosecuted.

As I see it, that's directly on point - and that is someone who gets conned without a lawyer and without time to investigate the issue carefully, who should be given more of the benefit of the doubt rather than Cosby making a mistake about the legal powers of whoever he's relying on with plenty of time and advice of counsel.

tl;dr: Bruce Castor is a tremendous fuckwit, Kevin Steele did the best he could (despite not having a chance), and the PA Court was actively phishing for an acquittal

Nissin Cup Nudist fucked around with this message at 02:07 on Jul 1, 2021

Space Cadet Omoly
Jan 15, 2014

~Groovy~


Chris James 2 posted:

https://twitter.com/alexsalvinews/status/1410395332769464323

Continuing the poo poo day in stride, and I'm confident skwirl and company will defend this insanity too for some reason

Our legal system is a loving joke.

Shageletic
Jul 25, 2007

graventy posted:

It's super cool that I can basically bribe a prosecutor to agree not to charge me and then I can never be charged for that crime. That's the only message I'm taking from this.

Tell that to the victims that testified despite getting death threats. Jesus christ thats who we should care about.

kaworu
Jul 23, 2004

There is a baseball player named Trevor Bauer who pitches for the LA Dodgers - just signed this past year for a tremendously insane sum of money. Some extremely, horrifically disgusting stuff just came out about him in this subscription-only article from dweeby sports publication The Athletic. Crossposting this from the MLB news/views thread (where everyone is appropriately mortified/horrified):

https://theathletic.com/2682479/202..._shared_article

quote:

A domestic violence restraining order filed against Dodgers pitcher Trevor Bauer and executed on June 28 includes multiple graphic images from the woman who filed the request. The woman, in the 67-page ex-parte document, said that Bauer assaulted her on two different occasions. Together, the woman said those two incidents included Bauer punching her in the face, vagina, and buttocks, sticking his fingers down her throat, and strangling her to the point where she lost consciousness multiple times.

The alleged assaults described by the woman, which are extremely graphic in nature, happened during what she said began as consensual sexual encounters between the two. According to the woman’s declaration attached to the request and obtained by The Athletic, she suffered injuries as a result of the second encounter, including two black eyes, a bloodied swollen lip, significant bruising and scratching to one side of her face. In the woman’s declaration, signed under penalty of perjury of California state laws, she said that her medical notes state that she had “significant head and facial trauma” and that there were signs of basilar skull fracture.

She also said that, in one of those incidents, while unconscious, Bauer penetrated her anally, which she did not consent to in advance.

“I agreed to have consensual sex; however, I did not agree or consent to what he did next,” she says. “I did not agree to be sexually assaulted.”

...

The report says on the night of May 15, 2021, Bauer invited the woman to his house again and this time asked her to agree on a safe word. About five minutes into sex, she said that he began choking her again, at which point she lost consciousness and “was unable to speak or move my body.” She says when she regained consciousness, Bauer was punching her head: “This was the first punch I felt but it is very possible that Trevor had already been punching and scratching the right side of my face while I was unconscious. Trevor then punched me hard with a closed fist to the left side of my jaw, the left side of my head, and both cheekbones. I remember this vividly and it was extremely startling and painful. I was absolutely frozen and terrified. I could not speak or move. After punching me several times, he then flipped me back onto my stomach and began choking me with hair. I lost consciousness again.”

Neither MLB nor the LA Dodgers have taken any action yet. Bauer's lawyer made a statement yesterday stating that it was just "rough sex" that was completely consensual, but clearly this is NOT that. The woman in question apparently has a great deal of corroborating texts, pictures, even recorded phone calls with Bauer.

Bauer is set to make his next start for the Dodgers on July 4th still as of now, which I can only imagine would be a huge mistake and cause a raft of much deserved poo poo to come down on the organization. This is some seriously horrific poo poo.

kaworu fucked around with this message at 02:23 on Jul 1, 2021

Pirate Jet
May 2, 2010

Skwirl posted:

Prosecutors not following the rules is what brought us to this. Do you know what the word "rule" means?

Nobody is “cheering on the cops” in this, there’s a communal acknowledgement of how hosed up it is that the legal system encourages this kind of 4D chess bargain-making, let alone what it says that the prosecutors thought they wouldn’t get a criminal conviction on a dude who has thirty-seven accusations against him, and you need to know what it looks like when you butt into that conversation with “yeah that sucks but them’s the breaks!”

Skwirl posted:

Do you know what the word "rule" means?

What am I supposed to say to this other than “gently caress you, too?”

Desperado Bones
Aug 29, 2009

Cute, adorable, and creepy at the same time!



This can end badly. We all know how. This is hosed up.

:sigh:

Judakel
Jul 29, 2004
Probation
Can't post for 9 years!
I got accused of calling for a benevolent despot for saying that if laws cannot deliver justice, they shouldn't be obeyed and, in fact, such regimes should be destroyed. You don't have to "well actually" any of this poo poo.

Bust Rodd
Oct 21, 2008

by VideoGames
While I agree that judges shouldn’t be able do whatever they want, I also think Bill Cosby shouldn’t be able to do whatever he wants.

How can I possibly contain the eternal struggle of these two wolves inside me? Truly, it is a mystery…

trilobite terror
Oct 20, 2007
BUT MY LIVELIHOOD DEPENDS ON THE FORUMS!

Carthag Tuek posted:

yeah, its wild. huge swathes of the western world still did state eugenics way past when ww2 made it "unfashionable". scandinavia, canada, you name it.

Scandinavia is arguably a leader in socially enforced eugenics if you subscribe to the idea that fostering a culture of aborting fetuses who show signs of/test positive for developmental disability or non-life-threatening birth defects is eugenics.

Something like 99.9% of all positive diagnoses for Down Syndrome, to give an example, in Scandinavia result in abortion, and people who “knowingly” have disabled children are often accused of being backwards or cruel for “forcing them to live like that”.

I don’t have a 100% answer to be honest. I think that the right to an abortion for any reason is ironclad, and one could credibly argue that forcing somebody to deliver and parent any child to their personal detriment is wrong. It’s a cornerstone argument to being Pro-Choice. And when you consider the tremendous lifelong personal and financial burdens that the parents of seriously disabled children have to bear, I certainly wouldn’t vilify anybody for making that choice given the society that we live in.

At the same time, it’s clearly a discriminatory sentiment that reinforces a system that would rather eliminate “burdensome” people than support them properly. Millions of people live full, enriched, rewarding lives with disabilities, and many of the most common and serious hardships that disabled people and their families face are entirely matters of money and social safety net, and would be obviated if states and societies provided for them adequately.

But also there’s a line where I do think it’s in the best interest of the child to simply not be born. You get to a level of severe cognitive disability where it really does feel like you’re just forcing them to live, to say nothing of the parents who insist on keeping anencephalic kids alive.

And like, if I knew I was going to have a child with ichthyosis, xeroderma pigmentosum, or even most forms of SCIDS, I probably wouldn’t want them to have to live short, torturous lives either.

But I also don’t think that we have the maturity yet as a society to really decide where those lines are, beyond the obvious (kids with anencephaly should not be forced to live in hell).

At the end of the day, I think you just have to separate the “abortion side” of the conversation and the “discrimination against the disabled” side. Ultimately being pro-choice means that it kinda doesn’t matter why a person chooses to have an abortion—it’s a matter of body autonomy. You don’t have to like the reason, but it’s their body and their choice. By all means it’s important to challenge the lovely beliefs and systems that might underpin such a decision.

This also starts blurring into “legal euthanasia” chat, which is another thing Scandinavia does. Can somebody with a severe disability rationally ask to be euthanized? What about somebody with a mental illness? Is somebody with quadriplegia allowed to decide that they don’t want to live anymore and have the state oblige them? What about somebody with major depression? Or borderline personality disorder? Or super-severe trauma?

And all of these require the sign-off of doctors and magistrates which adds a whole other layer. How do we draw the line between suicidality and “I’m not getting any better and I seriously, thoughtfully don’t want to live the rest of my life like this”? How do we separate a doctor’s personal feelings from their professional duty and also relate that to the patient’s wishes? Who really has the final say?

Shageletic posted:

That's a pretty hefty claim, especially since sexual assault absolutely correlates with an environment where men have carte blanche to assault without consequences.

It can be both, the literature actually seems to support both.

Groovelord Neato posted:

It's not a technicality it's prosecutorial misconduct.

It’s this. Only this time the black guy they did it to was wealthy enough for his lawyers to catch it and successfully fight it (and also most certainly guilty)

Alhazred
Feb 16, 2011




Ok Comboomer posted:


This also starts blurring into “legal euthanasia” chat, which is another thing Scandinavia does. Can somebody with a severe disability rationally ask to be euthanized? What about somebody with a mental illness? Is somebody with quadriplegia allowed to decide that they don’t want to live anymore and have the state oblige them? What about somebody with major depression? Or borderline personality disorder? Or super-severe trauma?

And all of these require the sign-off of doctors and magistrates which adds a whole other layer. How do we draw the line between suicidality and “I’m not getting any better and I seriously, thoughtfully don’t want to live the rest of my life like this”? How do we separate a doctor’s personal feelings from their professional duty and also relate that to the patient’s wishes? Who really has the final say?


The only form of “legal euthanasia” in Scandinavia is termination of treatment.

trilobite terror
Oct 20, 2007
BUT MY LIVELIHOOD DEPENDS ON THE FORUMS!

Alhazred posted:

The only form of “legal euthanasia” in Scandinavia is termination of treatment.

You’re right, I confused the Netherlands with Scandinavia in my memory brain. My mistake.

Euthanasia is currently legal in Belgium, Canada, Luxembourg, the Netherlands, New Zealand, Spain and several states of Australia (Tasmania, Victoria, South Australia and Western Australia).

It was briefly legal in the Northern Territory betweeen 1996 and 1997, but was overturned by a federal law.

DC Murderverse
Nov 10, 2016

"Tell that to Zod's snapped neck!"

https://twitter.com/iggyazalea/status/1410433707052204034?s=21

More people ought to be risking breaking NDAs to back up Britney, we know they’re out there. Good on Iggy Iggs, between this, Ms. Banks roasting Candice Owens on Insta and my mom’s flower garden being particularly robust it’s a good year for disappointing Azaelias

Roth
Jul 9, 2016

Carthag Tuek
Oct 15, 2005

Tider skal komme,
tider skal henrulle,
slægt skal følge slægters gang



Alhazred posted:

The only form of “legal euthanasia” in Scandinavia is termination of treatment.

Depending how sympathetic the doctor is, that can sometimes involve letting the family take over administering the "remaining" morphine doses.

LIVE AMMO COSPLAY
Feb 3, 2006

Chris James 2 posted:

So we've had two accused rapist Presidents in a row, Cosby get a conviction overturned, Spacey get back into films

Things have probably felt bleaker before, but this still feels significantly drat bleak

Cancel culture gone ma- oh, this one also got away.

Bust Rodd
Oct 21, 2008

by VideoGames
https://twitter.com/variety/status/1410311292783579149?s=21

drat this paywall justice system we have is an absolute crackerjack set up, basically flawless!

Alhazred
Feb 16, 2011




Allison Mack sentenced to three years in prison.

Rhyno
Mar 22, 2003
Probation
Can't post for 10 years!
She'll get released early.

Alhazred
Feb 16, 2011




Rhyno posted:

She'll get released early.
She said she was really, really sorry (for what Raniere had done).

Rhyno
Mar 22, 2003
Probation
Can't post for 10 years!
We can't let the pretty white girl languish in jail.

B-Rock452
Jan 6, 2005
:justflu:

Rhyno posted:

She'll get released early.

There is no parole in the fed system

mycot
Oct 23, 2014

"It's okay. There are other Terminators! Just give us this one!"
Hell Gem
https://twitter.com/LemonCupcakee/status/1410466314448039936

Grendels Dad
Mar 5, 2011

Popular culture has passed you by.

Rhyno posted:

We can't let the pretty white girl languish in jail.

She's a girl tho, is there really anything we can/want to do for her?

thekeeshman
Feb 21, 2007
https://www.nytimes.com/2021/06/30/arts/dan-schneider-nickelodeon.html

Speaking of people coming back, here's a total slobjob by the NYT on Dan Schneider's apparently imminent return to television. The article mentions the various accusations against him, but then basically brushes them all off as internet conspiracy theories, or lets him explain away all the accusations of verbal abuse as him being "passionate".

Also pro tip: if you're hitting the NYT paywall, reload the page but then hit stop before the page fully loads, if you time it right you can read the article anyway.

Timeless Appeal
May 28, 2006

thekeeshman posted:

https://www.nytimes.com/2021/06/30/arts/dan-schneider-nickelodeon.html

Speaking of people coming back, here's a total slobjob by the NYT on Dan Schneider's apparently imminent return to television. The article mentions the various accusations against him, but then basically brushes them all off as internet conspiracy theories, or lets him explain away all the accusations of verbal abuse as him being "passionate".
I feel like this is a huge mischaracterization of the article which basically credits people on the internet for getting him investigating by CBS, cites people who felt uncomfortable when he requesting co-workers give him massages, and cites other people who state how uncomfortable they were with him interacting with children in a casual manner.

Vegetable
Oct 22, 2010

That article is definitely too generous to Schneider. They're giving him the biographical treatment of "he wasn't a good student in school, he grew up admiring tv writers, what a complicated soul" when there's someone gesturing at his weirdly close relations with kids:

"But some people who worked on Schneider’s shows, and asked for anonymity because they said they feared reprisal from him, said they viewed his chumminess with his young actors as awkward and odd for a powerful, middle-aged showrunner. Several recalled that he often spent time during the work day interacting with young fans online and, after work, texting child actors about silly matters of teenage internet life.

Was it research? A desire to be popular? Former crew members recalled that Justice’s character had a locker on the set of “Victorious” decorated with photos of young men, alongside the words “dudealicious” and “who’s hot?” One of the photos was a headshot of a young Dan Schneider."

Yes, the investigation turned up no further accusations or evidence, but "hmm maybe he was just living the childhood he never had" is some loving way to round that section off.

Name Change
Oct 9, 2005


He's just a cool, cool quirky guy with youthful energy who frolics in the woods.



This article is definitely not at severe risk of being an embarassment if someone ever actually pipes up to name names, no sir.

Bust Rodd
Oct 21, 2008

by VideoGames
Didn't he have to scrub like literally hundreds of photographs of children's feet off of his Twitter account?

King Vidiot
Feb 17, 2007

You think you can take me at Satan's Hollow? Go 'head on!
Good god, it's like he came out of the cocoon in his fully formed pedo state. He's like a sex pest elemental now.

Kangra
May 7, 2012

The Britney Spears story is a bit less on the judge (it's a denial 'without prejudice') and seems to hint that her attorney might be botching things up (either intentionally or no).

This interview with an attorney who worked on Amanda Bynes' case is more in-depth: https://www.vulture.com/2021/06/britney-spears-petition-to-end-conservatorship-guide.html

sexpig by night
Sep 8, 2011

by Azathoth
a Tibetan monk sat in un-interrupted meditation 24/7 on the concept of 'pedophile' and that guy was formed as the monk's final breath escaped his lips

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Alan Smithee
Jan 4, 2005


A man becomes preeminent, he's expected to have enthusiasms.

Enthusiasms, enthusiasms...

King Vidiot posted:

Good god, it's like he came out of the cocoon in his fully formed pedo state. He's like a sex pest elemental now.

James Lipton

but for feet

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