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COMMENTARY: One Year Later Experts Still Concerned Bill Cosby Didn’t Receive Fair Trial

NNPA NEWSWIRE — “Specifically, the trial court abused its discretion, erred and materially infringed on Cosby’s constitutional rights to Due Process of Law under the Constitution of the United States. The judge should not have allowed the admittance of five prior ‘bad act witnesses,’” said attorney David Reischer, CEO of LegalAdvice.com. “The witnesses’ allegations were too far remote in time and too dissimilar to the Plaintiff’s allegations.”

Published

4 years ago

April 6, 2019

Oakland Post

By Stacy M. Brown, NNPA Newswire Correspondent
@StacyBrownMedia

One year after Bill Cosby’s conviction on three counts of aggravated indecent assault, experts said Cosby didn’t get a fair trial for various reasons, including the #MeToo movement, the media, an unfair judge and racism.

“Dr. Bill Cosby did not receive a fair trial. It was he-said-she-said and even much of what the women said, other people contradicted,” said Oxford alum Jonathan Farley.

While the verdict against Cosby was heralded as a great milestone in justice for women accusers, law experts say they’re baffled by the conviction and even more concerned with how the case was tried.

“Judge Steven O’Neill rigged the trial to ensure that Cosby would be convicted,” said International Rights Attorney John Davis.

The trial was a “terrific example of the travesty of justice in the American courtroom for sex assault trials,” said Paul Saputo, of the Saputo Law Firm in Dallas, Texas.

“As has happened throughout American history, popular culture weighs heavily on criminal justice and I obviously don’t know whether or not Cosby is guilty of what he’s accused of, but when the justice system sacrifices fairness in procedure to tilt the scales, we have a major problem,” Saputo said.

Not only did Cosby’s accuser receive a large amount of support from the government and press, Cosby became a victim of the mass media and popular culture who won’t give him a second thought, Saputo added.

Experts said there were multiple mis-steps by the judge in the case, including allowing the use of Cosby’s infamous 2006 civil deposition.

“The alleged deposition transcript does not show Cosby drugged women without their knowledge in order to incapacitate them so that he could rape them,” said Farley. “But a juror admitted that he voted to convict Cosby based on this false belief.”

Davis added that if Castor hadn’t promised Cosby that the deposition could never be used against him, Cosby could, and likely would, have exercised his Fifth Amendment right to remain silent.

“Years later, a new trophy hunting District Attorney decided to violate the promises of the prosecutor’s office and filed charges against Cosby,” Davis said.

Castor testified during a preliminary hearing in the Cosby case that he did indeed have what he called a binding agreement with Cosby and that the deposition should not be used.

The new DA, Kevin Steele, argued that portions of it that are damaging to Cosby should be used.

O’Neill sided with Steele.

“That is tantamount to the judge ensuring a conviction by sneaking evidence in the back door that suggests Cosby is a bad man who has sex outside of marriage and who does drugs and provides drugs to women who are having a relationship with him,” Davis argued.

“Cosby never said in his deposition that he gave them drugs so that they would be unconscious so that he could rape them. This is a pure lie and fraud committed by the mass media,” he said.

After O’Neill refused to allow him to provide crucial testimony in Cosby’s defense, Robert Russell, a close friend of the Constand family, told Philadelphia’s YC News that Cosby accuser Andrea Constand and her mother pressed charges because of vindictiveness, racism and homophobia. “What they have done is disgraceful,” Russell said.

“I’ll never forget when she told me she’d like to see all niggers gathered together and killed. That is genocide. She spoke like Adolf Hitler,” Russell said. “I realized what I was getting involved in and got out of it like a bat out of hell. That family was dark and I don’t want anything to do with them,” he said.

Lead attorney Tom Mesereau said his team had unearthed Russell, an old friend of Constand, to bring “out the ghosts in Andrea and her mother, Gianna Constand’s past.”

Yet O’Neill blocked the lawyers from introducing the tales of drug use, greed and racism that included a deep hatred for African-Americans – a hatred so deep and dark he claimed Gianna Constand wanted to “see all niggers gathered together and killed.”

O’Neill sided with prosecutors who contended that Russell’s testimony would taint the jurors perspective on who the Constand’s were so much that it could poison their minds and likely change the outcome.

“She despised black people — she didn’t want any black men or women in her house,” Russell said.

“The prosecution entrusted this case on a family, who made it clear they ‘despised black men’ and ‘wanted revenge on black people’ after their daughter lost her boyfriend to a black woman. She didn’t like that,” Russel said, referring to Gianna Constand.

He continued:

“She [Andrea] would do anything to please her parents.”

Constand allegedly had a brief relationship with NBA star Steve Nash which was cut short after he was photographed with a black woman, who Andrea’s mother referred to as a ‘bimbo’ compared to her daughter.

“You have a lying mother, the personification of evil who likely urged her daughter to file charges after her parents saw Andrea gained nothing out of the relationship with Bill Cosby.” Russell said.

“[Gianna] said if she ever saw her daughter in an interracial relationship she would stop her and if she couldn’t, she’d make something up,” he said. “It all goes back to her very first boyfriend. Her mother put all her hopes in Nash — her mother was devastated when that photo came out with him and a black woman,” Russell said.

Still, the defense’s strongest argument on appeal is the judge’s erroneous decision to allow five additional women to testify against Cosby, said attorney David Reischer, CEO of LegalAdvice.com.

“Specifically, the trial court abused its discretion, erred and materially infringed on Cosby’s constitutional rights to Due Process of Law under the Constitution of the United States. The judge should not have allowed the admittance of five prior ‘bad act witnesses,’” Reischer said. “The witnesses’ allegations were too far remote in time and too dissimilar to the Plaintiff’s allegations.”

As Cosby sits in prison pending appeal, unanswered questions remain.

“How come the only person in jail through the #MeToo movement is a black man? And it seems that the next possible conviction will be R. Kelly, another black man,” said Beth Logan, a Massachusetts-based certified IRS Tax Agent.

“Maybe I am wrong about the ‘only’ person, there might be one or two others,” Logan said. “But seriously, where is Harvey W, Matt Lauer, and others. Maybe they are out of work, but I find it amazing that jail is only for black people and no, I am not black, but I’m still concerned about the difference,” she said.

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WATCH LIVE! — NNPA 2023 National Leadership Awards Reception

NNPA NEWSWIRE — Welcome to the NNPA 2023 National Leadership Awards Reception
The post WATCH LIVE! — NNPA 2023 National Leadership Awards Reception first appeared on BlackPressUSA.

Published

1 week ago

September 22, 2023

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The post WATCH LIVE! — NNPA 2023 National Leadership Awards Reception first appeared on BlackPressUSA.

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OP-ED: Delivering Climate Resilience Funding to Communities that Need it the Most

NNPA NEWSWIRE — Just last month, FEMA announced nearly $3 billion in climate mitigation project selections nationwide to help communities build resilience through its Building Resilient Infrastructure and Communities (BRIC) national competition and Flood Mitigation Assistance program. In total, more than 50% of these projects will benefit disadvantaged communities, and in particular, 70% of BRIC projects will do the same.
The post OP-ED: Delivering Climate Resilience Funding to Communities that Need it the Most first appeared on BlackPressUSA.

Published

1 week ago

September 22, 2023

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By Erik A. Hooks, FEMA Deputy Administrator

We know that disasters do not discriminate. Yet, recovery from the same event can be uneven from community to community, perpetuating pre-existing inequalities. Recognizing these disparities, FEMA and the entire Biden-Harris Administration have prioritized equity when it comes to accessing federal programs and resources.

The numbers tell the story.

Just last month, FEMA announced nearly $3 billion in climate mitigation project selections nationwide to help communities build resilience through its Building Resilient Infrastructure and Communities (BRIC) national competition and Flood Mitigation Assistance program. In total, more than 50% of these projects will benefit disadvantaged communities, and in particular, 70% of BRIC projects will do the same.

These selections further underscore the Biden-Harris Administration’s commitment to equity and reaffirm FEMA’s mission of helping people before, during and after disasters, delivering funding to the communities that need it most.

Building on this momentum and our people-first approach, FEMA recently announced the initial designation of nearly 500 census tracts, which will be eligible for increased federal support to become more resilient to natural hazards and extreme weather worsened by the climate crisis. FEMA will use “Community Disaster Resilience Zone” designations to direct and manage financial and technical assistance for resilience projects nationwide, targeting communities most at risk due to climate change. More Community Disaster Resilience Zone designations, including tribal lands and territories, are expected to be announced in the fall of 2023.

These types of investments have, and will yield a significant return on investment for communities nationwide.

For example, in my home state of North Carolina, the historic community of Princeville, founded by freed African American slaves, uses BRIC funding to move vulnerable homes and critical utilities out of flood-prone areas.

In East Harlem, BRIC dollars will provide nature-based flood control solutions to mitigate the impacts of extreme rainfall events in the Clinton low-income housing community.

While we are encouraged by these investments, we know more must be done.

Not every community has the personnel, the time or the resources to apply for these federal dollars. Fortunately, FEMA offers free, Direct Technical Assistance to help under-resourced communities navigate the grant application process and get connected with critical resources. Under the leadership of FEMA Administrator Deanne Criswell, this assistance has been a game-changer, reducing barriers and providing even more flexible, customer-focused, tailored support to communities interested in building and sustaining successful resilience programs.

In Eastwick, Philadelphia, FEMA’s dedicated support helped the city with outreach to multiple federal agencies. Together, we built a comprehensive community-led flood mitigation strategy. When applied and implemented, this will make this community more resilient to hazards like flooding, which was negatively affecting many neighborhood blocks.

In DePue, Illinois, we worked hand-in-hand with communities to improve their ability to submit high-quality funding applications for hazard mitigation projects. We are happy to share that DePue is the first Direct Technical Assistance community to be selected in the BRIC national competition. And, we know they will not be the last. Thanks to this assistance and their ambition, DePue was awarded more than $20 million to build a new wastewater treatment plant, which will reduce flooding and raw sewage back-up into the basements of homes.

In total, our agency is working with over 70 communities, including tribal nations, to increase access to funding for mitigation projects that will make communities more livable and resilient.

With extreme weather events becoming increasingly intense and frequent due to climate change, we must keep pressing forward and continue investing in ways to better protect ourselves and our neighbors. And we are encouraged that local officials are engaging with us to learn more about the benefits of the BRIC non-financial Direct Technical Assistance initiative—just last week, we saw hundreds of participants nationwide register for a recent webinar on this important topic.

We want to see even more communities take advantage of this initiative, and, ultimately, obtain grants for innovative and forward-looking resilience projects. To that end, FEMA recently published a blog with five steps to help local communities and tribal nations learn more about the benefits of this non-financial technical assistance to access federal funding. I hope your community will take action and submit a letter of interest for this exciting opportunity and increase meaningful mitigation work throughout the country.

With the pace of disasters accelerating, communities can utilize federal resources to reduce their risk and take action to save property and lives. FEMA stands ready to be a partner and collaborator with any community that is ready to implement creative mitigation strategies and help build our nation’s resilience.

The post OP-ED: Delivering Climate Resilience Funding to Communities that Need it the Most first appeared on BlackPressUSA.

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Tale of Two Underground Railroad Communities

ARIZONA INFORMANT — Prior to the Civil War, many communities in the Ohio River Valley were a part of an elaborate system that provided resources and protection for enslaved persons from Southern states on their journey to freedom. Once someone crossed the Ohio River, they traveled along unknown terrain of trails to safe houses and hiding places that would become known as the Underground Railroad.
The post Tale of Two Underground Railroad Communities first appeared on BlackPressUSA.

Published

1 week ago

September 20, 2023

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By Christopher J. Miller, Sr. Director of Education & Community Engagement, National Underground Railroad Freedom Center

Christopher J. Miller

September is International Underground Railroad Month.

This proclamation began in the State of Maryland in 2019, and now more than 11 States officially celebrate one of the most significant eras in U.S. history. With the signing of Ohio HB 340 in June 2022, Ohio became the 12^th state to designate September International Underground Railroad Month.

Many history enthusiasts and scholars hope the momentum of the proclamation spreads to other states so that all our forebears of freedom are remembered.

Examining this era, you find that the Ohio River Valley is instrumental in the many narratives of freedom seekers. These stories are critical to our understanding of race relations and civic responsibilities.

Before the Civil War, many communities in the Ohio River Valley were part of an elaborate system that provided resources and protection for enslaved persons from Southern states on their journey to freedom. Once someone crossed the Ohio River, they traveled along unknown terrain of trails to safe houses and hiding places that would become known as the Underground Railroad.

Gateway to Freedom sign

The Underground Railroad was comprised of courageous people who were held to a higher law that confronted the institution of slavery with acts of civil disobedience by helping freedom seekers elude enslavers and slave hunters and help them get to Canada.

Many communities were a force for freedom along the more than 900-mile stretch of the Ohio River Valley, but I would like to focus on two significant communities.

Southern Indiana was a major part of this history. It was originally believed that there were from Posey to South Bend, Corydon to Porter, and Madison to DeKalb County, with many stops in between.

In further examination, the Underground Railroad in Indiana was a web of trails through the forests, swamps, briars, and dirt roads. The city that is often overlooked in reflecting on the history of the Underground Railroad is New Albany, Indiana.

By 1850, New Albany was the largest city in Indiana, with a population of 8,632. Free Blacks accounted for 502 of that population. Across the river, Louisville was Kentucky’s largest city, with a population of 42,829. A quarter of the 6,687 Black population were free in Louisville.

Town Clock Church (aerial view)

Louisville and New Albany would grow to become a significant region for Underground Railroad activity. People like Henson McIntosh became a prominent community member and major Underground Railroad conductor. McIntosh was one of approximately ten Underground Railroad agents in New Albany who used their wealth and influence to impact the lives of freedom seekers crossing the Ohio River.

The Carnegie Center for Art & History is an outstanding resource that continues to preserve New Albany’s role during the Underground Railroad era. Approximately 104 miles east along the Ohio River is another institution that plays a critical role in elevating the profile of the Underground Railroad on a national scope.

Inside Town Clock Church New Albany Indiana safe house

The National Underground Railroad Freedom Center is located on the banks of the Ohio River in Cincinnati, Ohio.

By 1850, Cincinnati would grow to be the 6^th largest city in the Union, with a sizable Black population.

The Freedom Center is prominently located in the heart of a historic Black community called Little Africa. Although the community no longer exists, its legacy lives on through the Freedom Center.

As with New Albany, the community that resided along the banks of the river served an important role in the story of the Underground Railroad. Little Africa was the gateway to freedom for thousands of freedom seekers escaping slavery.

Although there were Underground Railroad networks throughout the country, Ohio had the most active network of any other state, with approximately 3,000 miles of routes used by an estimated 40,000 freedom seekers that crossed through Little Africa.

Despite the growth of enslavement leading up to the Civil War, communities such as Little Africa and New Albany reveal the realities regarding race relations and a model for the dignity of human life through their respective efforts to be kind and resilient friends for the freedom seekers.

For More Information:

National Underground Railroad Freedom Center – https://freedomcenter.org/

Cincinnati Tourism – https://www.visitcincy.com/

Carnegie Center for Art & History – https://carnegiecenter.org/

Southern Indiana Tourism – https://www.gosoin.com/

The post Tale of Two Underground Railroad Communities first appeared on BlackPressUSA.