With a contrite air letting out a few smiles, Bill Cosby, 83, returned home to suburban Philadelphia on Wednesday afternoon. In front of his house, he remained silent but his fingers formed the V of victory. Because Bill Cosby, in prison since September 2018, is now a free man. He was convicted of drugging and sexually assaulting Andrea Constand, a woman he invited to his home in 2004. William Henry Cosby, Jr, by his full name, was to serve a minimum sentence of three years' imprisonment (ten years maximum), which almost corresponds to the length of time he has already spent in detention.
But the Pennsylvania Supreme Court just overturned the judgment, considered the first major criminal conviction of the #MeToo era.
The creator of the television series "The Cosby Show" was also accused by some sixty women of sexual assault, and sometimes rape, covered by the statute of limitations (since this case, several American states have extended or even eliminated the statute of limitations. ).
The sexual assault of Andrea Constand itself escaped prescription, for a few days.
Why is his conviction overturned?
The Bill Cosby case dates back to 2005, when the actor was investigated for the sexual assault of Andrea Constand. In its 79-page opinion, the Supreme Court of Pennsylvania recalls that at the time, the prosecutor in charge of the case had decided not to prosecute Bill Cosby in criminal proceedings. Bruce L. Castor Jr. had also announced in a press release that after investigation, the evidence was "insufficient".
The prosecutor, however, had prompted Bill Cosby to testify in civil proceedings brought by the complainant, which he had agreed to do.
The artist admitted having drugged Andrea Constand with a powerful sedative before touching her, believing that in the absence of reaction from her, she was consenting.
This civil lawsuit was settled in 2006 out of court with the payment of $ 3.38 million, recalls the New York Times.
The story could have ended there.
But in December 2015, just days before the statute of limitations, prosecutor's successors Castor reopened the case and indicted Bill Cosby.
His testimony at the time was evidence that played a key role in his trial.
However, the Supreme Court of Pennsylvania considers that the prosecution of Bill Cosby using evidence disclosed in civil proceedings was "unfair".
Especially since the actor had been assured by the former prosecutor that no criminal case would be brought against him.
According to the court, this "non-prosecution agreement", although unwritten, means that he should not have been charged.
"In light of these circumstances, the decision to prosecute Cosby violated due process rights", write the magistrates, who speak of "an affront to the fundamental principle of fairness".
The decision was taken 6 to 1, says the New York Times.
Judge Thomas G. Saylor dissented rejecting the justification for setting aside.
He pointed out the lack of documentation on this agreement.
According to him, a statement made by Mr. Castor in a press release does not necessarily represent an "unconditional promise" which obliged his successor not to continue.
Can he be tried again?
Two of the majority judges were resistant to the appeal, which prevents a new trial.
Kevin Steele, the prosecutor who convicted Bill Cosby, told USA Today that the actor "is now free on a procedural matter unrelated to the facts of the crime."
And that because of this decision, which relates to the form and not to the substance, it cannot be judged a third time.
Information confirmed by Corentin Sellin, columnist of American policy for the media Les Jours.
#BREAKING #BillCosby's conviction overturned by the #Supreme Court of Pennsylvania because he had made 1 agreement with the 1st prosecutor.
And he will not be able to be prosecuted again, will therefore be released from the penitentiary of the State where he has been detained for 2 years.https: //t.co/8HrBIzzley
- Corentin Sellin (@CorentinSellin) June 30, 2021
How did the victim react?
In a public statement, Andrea Constand and his lawyers do not hide their disappointment.
"It can discourage those who seek justice after a sexual assault," they say, also fearing that the system will push victims to "choose between bringing criminal or civil action."
"He is not released because he is innocent", reacted on Twitter the lawyer Lisa Bloom, counsel to three women who accuse Bill Cosby of having assaulted them. For the lawyer, the former humorist will get out of prison "because a prosecutor promised him years ago that he would not be prosecuted".