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COMMENTARY: Bill Cosby Handed Bum Deal from Superior Court

NNPA NEWSWIRE — The primary reason that Cosby and his team cited to justify the appeal is that Judge Steven T. O’Neill allowed the testimony of prior bad acts – five other women who were not connected to this case but who claimed they were also drugged and assaulted by Cosby.

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Cosby maintains that he had never given women Quaaludes without their knowledge or consent. He said he obtained them because, in the 1970s, "it was the in thing." Both women and men wanted them, similar to the ecstasy craze of the 1980s and 1990s.

By Stacy M. Brown, NNPA Newswire Senior Correspondent
@StacyBrownMedia

On December 10, the Pennsylvania Superior Court unanimously rejected Bill Cosby’s appeal.

The primary reason that Cosby and his team cited to justify the appeal is that Judge Steven T. O’Neill allowed the testimony of prior bad acts – five women who were not connected to this case Cosby was tried for but who claimed that they were also drugged and assaulted by Cosby.

According to several attorneys and legal experts interviewed by NNPA Newswire, that ruling and many of the other decisions made by O’Neill over the course of the trial, were questionable.

“With respect to prior bad acts evidence, such as these other accusers, trial courts often let this type of evidence in where the Commonwealth can show that the allegations were similar or somewhat similar to the allegations in the current case, and the appellate courts usually approve of this,” stated Zak Goldstein, a Philadelphia-based criminal appeals attorney with the firm, Goldstein Mehta LLC

“It then becomes incredibly difficult to obtain a fair trial as this type of propensity evidence is overwhelmingly prejudicial,” Goldstein added.

For those that may be unaware, Cosby faced two trials.

The first trial resulted in a hung jury where 10 of the 12 jurors voted to acquit Cosby.

The second trial resulted in Cosby’s conviction and a three-to-10-year prison sentence.

The NNPA Newswire covered both trials and their aftermath.

Both trials hinged upon Cosby’s interaction with Andrea Constand, a former Temple University athlete and employee.

Cosby acknowledged giving Constand one-and-a-half tablets of Benadryl, which is less than the normally dispensed dosage.

Benadryl is an antihistamine used to relieve symptoms of allergy, hay fever, and the common cold. It is considered one of the oldest and most frequently used over-the-counter medications for children, and normally dispensed in 25 MG tablets at a dosage of one to two tablets every four-to-six hours.

Contrary to popular belief, Quaaludes were never administered to Constand.

Both Cosby and Constand agree that Constand was never coerced to accept the Benadryl tablets. She accepted them and consumed them of her own free will.

During Cosby’s initial trial, in 2017, Constand and Kelly Johnson, who worked for Cosby’s agent, the William Morris Agency, were allowed to testify.

Both women alleged that Cosby drugged and sexually assaulted them.

Johnson initially testified said the incident happened in the late 1980s. However, during her testimony she changed the date of the incident at least three times, citing a different year each time.

While O’Neill allowed prosecutors to call Johnson, whose case was arguably unrelated to Constand, to testify, he refused to allow Cosby’s lawyers to call Marguerite Jackson, a Temple University employee, who in a sworn affidavit, said Constand told her about Constand’s scheme to “get Cosby.”

Because of O’Neill’s refusal to allow testimony from Jackson, the defense did not call a single witness during the 2017 trial, which ended in a hung jury.

“It is not surprising to me that the first trial, where only one ‘prior bad act’ was allowed into evidence, resulted in a hung jury while the second trial, where more accusers were allowed to testify, resulted in a conviction,” Goldstein stated.

In the second trial in 2018, O’Neill shockingly reversed his decision from allowing one woman to testify against Cosby, to letting prosecutors call five other women who had decades-old, uncharged, and unproven claims against the actor.

One of the women, Janice Baker-Kinney, testified that she had taken a Quaalude BEFORE visiting Cosby. Later, she said she accepted another pill from Cosby while at his home in Tahoe, Nevada.

When asked on the witness stand why she took a Quaalude, Baker-Kinney gave perhaps the most damning response: “To get in the mood,” she stated.

Another woman, Chelan Lasha, gave her testimony while being coached from the audience by her attorney.

The Black Press observed attorney Gloria Allred appearing to motion for her client to cry while on the witness stand. Lasha sobbed throughout the entire, almost unintelligible testimony.

O’Neill refused to allow Cosby’s attorneys to question Lasha, or inform the jury, about her reported history of perjury and prostitution.

Another woman, former supermodel Janice Dickinson, testified that Cosby assaulted her in the 1980s.

Dickinson claimed that she was on a modeling shoot on an exotic island with her boyfriend when Cosby called her from Nevada.

She immediately left the boyfriend and flew to Nevada, where she had dinner with Cosby and a friend.

Dickinson said she went to Cosby’s room, and he drugged and assaulted her.

In her memoirs, however, Dickinson wrote an entirely different story.

She said, “Cosby was such a gentleman,” and noted that she had gotten high on her own. A photo displayed in court regarding the night in question was curious.

It showed Cosby in a robe and talking on the telephone, while Dickinson lies on a bed appearing alert and a willing participant in whatever was to take place.

The second trial also was a lesson on how not to select a jury.

When selected, Juror #11, quipped that Cosby was already guilty. However, O’Neill refused defense attorneys request to remove him.

Also, despite other jurors admitting to “personal relationships” with case detectives and prosecutors, O’Neill also refused defense motions to remove them.

One juror even admitted to being neighbors and friends with O’Neill’s court reporter, but the judge declined to remove that individual.

The judge also refused to rule on whether the statute of limitations had expired.

In Pennsylvania, the statute of limitations on sexual assault is 12 years. For prosecutors to have brought a case against Cosby that dated back to 2004, it must have been done by December 31, 2016.

A day earlier, on December 30, 2016, prosecutors did charge Cosby.

Lead defense attorney Tom Mesereau laid out travel and telephone records that should have proved that the case against Cosby was filed after the statute of limitations had run.

O’Neill declined to rule on the statute of limitations, and decided to allow jurors to determine if they had indeed expired. Based on statements released by the jury, they never considered the law about the statute of limitations.

Prosecutors pinpointed the date of the Constand/Cosby incident to the second or third week in January 2004. However, evidence showed that Cosby wasn’t in Pennsylvania at all in January 2004.

The documents also showed Cosby wasn’t in the state in December 2003.

Perhaps the most credible witness called by either side was Cosby’s former personal chef, John-Conrad Ste. Marthe.

Earlier, Constand testified that the Ste. Marthe was at the house the night of the incident and left after preparing a meal, and he was still in Cosby’s employ.

Ste. Marthe remembered Constand but testified that he left his position in May of 2003 – a 2009 New York Times feature on the chef noted that he did leave Cosby’s employ in 2003.

O’Neill also limited testimony of a key defense witness who had sworn in a deposition that Constand and her mother were seeking money from Cosby.

Robert Russell, a former friend of Constand, said Constand was hooked on mushrooms and marijuana, and she came to America to try and become a millionaire.

Russell said he, Constand, and her mother, Gianna, were close friends in the late 1990s and early 2000s.

“The prosecution is trying to say that [Constand] is some innocent babe in the woods,” Mesereau said at the time. “They’ve painted the idea that’s she’s naïve, pure and holistic, and that she was naïve in accepting pills from Bill Cosby.”

Russell, who said Constand’s mother, Gianna, “hated blacks and gays,” said Constand wasn’t “this holistic person” she portrayed herself to be and that she had a plan to get $1 million from Cosby, who eventually paid Constand nearly $4 million to settle a civil claim she’d brought against him after prosecutors initially declined to prosecute Cosby.

That civil case involved Cosby providing a deposition that included his response to Constand’s lawyers questioning whether he had provided Quaaludes to women he dated decades earlier.

In the deposition, Cosby maintained that he had never given women Quaaludes without their knowledge or consent. He said he obtained them because, in the 1970s, “it was the in thing.” Both women and men wanted them, similar to the ecstasy craze of the 1980s and 1990s.

When asked if he gave them to women whom he wanted to have sex with, Cosby said he did.

While his statements to police and in his deposition remained consistent, Constand’s statements changed several times. So much so, that former District Attorney, Bruce Castor, advised her to seek civil remedies because he said: “she’s not credible.”

O’Neill refused to allow Castor to testify on behalf of the defense, in part, because of a longstanding feud between the judge and Castor.

Reportedly, O’Neill blamed Castor for outing an affair O’Neill had with a then-assistant district attorney in Castor’s office.

During the Cosby trial, O’Neill refused to recuse himself, and inexplicably gave an emotional and arguably inappropriate dissertation from the bench on how much he loves his wife and how she’s independent.

As jurors deliberated Cosby’s fate, O’Neill was seen and heard outside of the juror room, whistling the song from the hit movie, “Kill Bill.”

Shortly afterward, the jury reached its verdict to convict Cosby.

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#NNPA BlackPress

COMMENTARY: The National Protest Must Be Accompanied with Our Votes

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

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Dr. John E. Warren Publisher, San Diego Voice & Viewpoint
Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper. File photo..

By  Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper

As thousands of Americans march every week in cities across this great nation, it must be remembered that the protest without the vote is of no concern to Donald Trump and his administration.

In every city, there is a personal connection to the U.S. Congress. In too many cases, the member of Congress representing the people of that city and the congressional district in which it sits, is a Republican. It is the Republicans who are giving silent support to the destructive actions of those persons like the U.S. Attorney General, the Director of Homeland Security, and the National Intelligence Director, who are carrying out the revenge campaign of the President rather than upholding the oath of office each of them took “to Defend The Constitution of the United States.”

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

In California, the primary comes in June 2026. The congressional races must be a priority just as much as the local election of people has been so important in keeping ICE from acquiring facilities to build more prisons around the country.

“We the People” are winning this battle, even though it might not look like it. Each of us must get involved now, right where we are.

In this Black History month, it is important to remember that all we have accomplished in this nation has been “in spite of” and not “because of.” Frederick Douglas said, “Power concedes nothing without a struggle.”

Today, the struggle is to maintain our very institutions and history. Our strength in this struggle rests in our “collectiveness.” Our newspapers and journalists are at the greatest risk. We must not personally add to the attack by ignoring those who have been our very foundation, our Black press.

Are you spending your dollars this Black History Month with those who salute and honor contributions by supporting those who tell our stories? Remember that silence is the same as consent and support for the opposition. Where do you stand and where will your dollars go?

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Why Black Parents Should Consider Montessori

BLACKPRESSUSA NEWSWIRE — I have found that there are some educational approaches that consistently provide a safer, more enriching, and more affirmative environment for Black children. The Montessori method, developed by Italian physician Maria Montessori and introduced to the U.S. in the early 20th century, is one such approach.

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By Laura Turner-Essel, PhD

As a mother of four children, I’ve done A LOT of school shopping. I don’t mean the autumn ritual of purchasing school supplies. I mean shopping for schools – pouring over promotional materials, combing through websites, asking friends and community members for referrals to their favorite schools, attending open houses and orientations, comparing curriculums and educational philosophies, meeting teachers and principals, and students who all claim that their school is the best.

But keep in mind – I’m not just a mom of four children. I’m a mom of four Black children, and I’m also a psychologist who is very interested in protecting my little ones from the traumatic experience that school can too often become.

For Black children in the United States, school can sometimes feel more like a prison than an educational institution. Research shows that Black students experience school as more hostile and demoralizing than other students do, that they are disciplined more frequently and more harshly for typical childhood offenses (such as running in the halls or chewing gum in class), that they are often labeled as deviant or viewed as deficient more quickly than other children, that teachers have lower academic expectations of Black students (which, in turn, lowers those students’ expectations of themselves), and that Black parents feel less respected and less engaged by their children’s teachers and school administrators. Perhaps these are some of the underlying reasons that Black students tend to underperform in most schools across the country.

The truth is that schools are more than academic institutions. They are places where children go to gain a sense of who they are, how they relate to others, and where they fit into the world. The best schools are places that answer these questions positively – ‘you are a valuable human being, you are a person who will grow up to contribute great things to your community, and you belong here, with us, exploring the world and learning how to use your gifts.’ Unfortunately, Black children looking for answers to these universal questions of childhood will often hit a brick wall once they walk into the classroom. If the curriculum does not reflect their cultural experiences, the teachers don’t appear to value them, and they spend most of their time being shamed into compliance rather than guided towards their highest potential, well…what can we really expect? How are they supposed to master basic academic skills if their spirits have been crushed?

Here’s the good news. In my years of school shopping, and in the research of Black education specialists such as Jawanza Kunjufu and Amos Wilson, I have found that there are some educational approaches that consistently provide a safer, more enriching, and more affirmative environment for Black children. The Montessori method, developed by Italian physician Maria Montessori and introduced to the U.S. in the early 20th century, is one such approach.

The key feature of Montessori schooling is that children decide (for the most part) what they want to do each day. Led by their own interests and skill levels, children in a Montessori classroom move around freely and work independently or with others on tasks of their own

choosing. The classroom is intentionally stocked with materials tailored to the developmental needs of children, including the need to learn through different senses (sight, touch/texture, movement, etc.). The teacher in a Montessori classroom is less like a boss and more like a caring guide who works with each child individually, demonstrating various activities and then giving them space to try it on their own. The idea is that over time, students learn to master even the toughest tasks and concepts, and they feel an intense sense of pride and accomplishment because they did it by themselves, without pressure or pushing.

I think that this aspect of the Montessori method is good for all kids. Do you remember the feeling of having your creativity or motivation crushed by being told exactly what to do, when to do it, how to do it, and why? The truth is that when presented with a new challenge and then given space, children actually accomplish a lot! They are born with a natural desire to learn. It is that spirit of curiosity, sense of wonder, and excitement to explore that Montessori helps to keep alive in a child. But that’s not the only reason that I think Black parents need to consider Montessori.

Fostering a love of learning is great. But more importantly, I think that Montessori students excel at learning to love. It begins with Montessori’s acknowledgement that all children are precious because childhood is a precious time. In many school systems, Black children are treated like miniature adults (at best) or miniature criminals (at worst), and are subjected to stressful situations that no kids are equipped to handle – expectations to be still and silent for long periods, competitive and high-stakes testing, and punitive classroom discipline. It’s easy to get the sense that rather than being prepared for college or careers, our children are being prepared to fail. Couple this with the aforementioned bias against Black children that seems to run rampant within the U.S. school system, and you end up with children who feel burned out and bitter about school by the time they hit 3rd grade.

In my experience, Montessori does a better job of protecting the space that is childhood – and all the joy of discovery and learning that should come along with that. Without the requirement that students “sit down and shut up,” behavioral issues in Montessori classrooms tend to be non-existent (or at least, the Montessori method doesn’t harp on them; children are gently redirected rather than shamed in front of the class). Montessori students don’t learn for the sake of tests; they demonstrate what they’ve learned by sharing with their teacher or classmates how they solve real-world problems using the skills they’ve gained through reading, math, or science activities. And by allowing children a choice of what to focus on throughout the day, Montessori teachers demonstrate that they honor and trust children’s natural intelligence. The individualized, careful attention they provide indicates to children that they are each seen, heard, and valued for who they are, and who they might become. Now that’s love (and good education).

As a parent, I’ve come to realize that many schools offer high-quality academics. Montessori is no different. Students in Montessori schools gain exposure to advanced concepts and the materials to work with these concepts hands-on. Across the nation, Montessori schools emphasize early literacy development, an especially important indicator of life success for young Black boys and men. Montessori students are provided with the opportunity to be

successful every day, and the chance to develop a sense of competence and self-worth based on completing tasks at their own pace.

But I have also learned that the important questions to ask when school shopping are often not about academics at all. I now ask, ‘Will my children be treated kindly? Will they be listened to? Protected from bias and bullying? Will they feel safe? Will this precious time in their lives be honored as a space for growth, development, awe, and excitement? Will they get to see people like them included in the curriculum? Will they be seen as valuable even if they don’t always ‘measure up’ to other kids on a task? Will they get extra support if they need it? Will the school include me in major decisions? Will the school leaders help to make sure that my children reach their fullest potential? Will the teacher care about my children almost as much as I do?’

Consistently, it’s been the Montessori schools that have answered with a loud, resounding ‘Yes!’ That is why my children ended up in Montessori schools, and I couldn’t be happier with that decision. If you’re a parent like me, shopping for schools with the same questions in mind, I’d urge you to consider Montessori education as a viable option for your precious little ones. Today more than ever, getting it right for our children is priceless.

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LIVE from the NMA Convention Raheem DeVaughn Says The Time Is Now: Let’s End HIV in Our Communities #2

Set against the backdrop of the NMA conference, Executive Officers from the National Medical Association, Grammy Award Winning Artist and Advocate Raheem DeVaughn, and Gilead Sciences experts, are holding today an important conversation on HIV prevention and health equity. Black women continue to be disproportionately impacted by HIV despite advances in prevention options. Today’s event […]

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Set against the backdrop of the NMA conference, Executive Officers from the National Medical Association, Grammy Award Winning Artist and Advocate Raheem DeVaughn, and Gilead Sciences experts, are holding today an important conversation on HIV prevention and health equity.

Black women continue to be disproportionately impacted by HIV despite advances in prevention options. Today’s event is designed to uplift voices, explore barriers to access, and increase awareness and key updates about PrEP, a proven prevention method that remains underutilized among Black women. This timely gathering will feature voices from across health, media, and advocacy as we break stigma and center equity in HIV prevention.

Additional stats and information to know:

Black women continue to be disproportionately affected by HIV, with Black women representing more than 50% of new HIV diagnoses among women in the U.S. in 2022, despite comprising just 13% of women in the U.S.

Women made up only 8% of PrEP users despite representing 19% of all new HIV diagnoses in 2022.

● Gilead Sciences is increasing awareness and addressing stigma by encouraging regular HIV testing and having judgment-free conversations with your healthcare provider about prevention options, including oral PrEP and long-acting injectable PrEP options.

● PrEP is an HIV prevention medication that has been available since 2012.

● Only 1 in 3 people in the U.S. who could benefit from PrEP were prescribed a form of PrEP in 2022.

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