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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

5 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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Beloved Actor and Activist Louis Cameron Gossett Jr. Dies at 87

NNPA NEWSWIRE — Louis Gossett Jr., the groundbreaking actor whose career spanned over five decades and who became the first Black actor to win an Academy Award as Best Supporting Actor for his memorable role in “An Officer and a Gentleman,” has died. Gossett, who was born on May 27, 1936, in Brooklyn, N.Y., was 87. Recognized early on for his resilience and nearly unmatched determination, Gossett arrived in Los Angeles in 1967 after a stint on Broadway.
The post Beloved Actor and Activist Louis Cameron Gossett Jr. Dies at 87 first appeared on BlackPressUSA.

Published

4 weeks ago

March 29, 2024

Oakland Post

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

Louis Gossett Jr., the groundbreaking actor whose career spanned over five decades and who became the first Black actor to win an Academy Award as Best Supporting Actor for his memorable role in “An Officer and a Gentleman,” has died. Gossett, who was born on May 27, 1936, in Brooklyn, N.Y., was 87. Recognized early on for his resilience and nearly unmatched determination, Gossett arrived in Los Angeles in 1967 after a stint on Broadway.

He sometimes spoke of being pulled over by law enforcement en route to Beverly Hills, once being handcuffed to a tree, which he remembered as a jarring introduction to the racial tensions of Hollywood. In his memoir “An Actor and a Gentleman,” Gossett recounted the ordeal, noting the challenges faced by Black artists in the industry. Despite the hurdles, Gossett’s talent shone brightly, earning him acclaim in groundbreaking productions such as “A Raisin in the Sun” alongside Sidney Poitier. His Emmy-winning portrayal of Fiddler in “Roots” solidified his status as a trailblazer, navigating a landscape fraught with racial prejudice.

According to the HistoryMakers, which interviewed him in 2005, Gossett’s journey into the limelight began during his formative years at PS 135 and Mark Twain Junior High School, where he demonstrated early leadership as the student body president. His passion for the arts blossomed when he starred in a “You Can’t Take It With You” production at Abraham Lincoln High School, catching the attention of talent scouts who propelled him onto Broadway’s stage in “Take A Giant Step.” His stellar performance earned him the prestigious Donaldson Award for Best Newcomer to Theatre in 1952. Though initially drawn to sports, Gossett’s towering 6’4” frame and athletic prowess led him to receive a basketball scholarship at New York University. Despite being drafted by the New York Knicks in 1958, Gossett pursued his love for acting, honing his craft at The Actors Studio under the tutelage of luminaries like John Sticks and Peggy Fury.

In 1961, Gossett’s talent caught the eye of Broadway directors, leading to roles in acclaimed productions such as “Raisin in the Sun” and “The Blacks,” alongside legends like James Earl Jones, Cicely Tyson, Roscoe Lee Brown, and Maya Angelou. Transitioning seamlessly to television, Gossett graced small screens with appearances in notable shows like “The Bush Baby” and “Companions in Nightmare.” Gossett’s silver screen breakthrough came with his role in “The Landlord,” paving the way for a prolific filmography that spanned over 50 movies and hundreds of television shows. From “Skin Game” to “Lackawanna Blues,” Gossett captivated audiences with his commanding presence and versatile performances.

However, his portrayal of “Fiddler” in Alex Haley’s groundbreaking miniseries “Roots” earned Gossett critical acclaim, including an Emmy Award. The HistoryMakers noted that his golden touch extended to the big screen, where his role as Sergeant Emil Foley in “An Officer and a Gentleman” earned him an Academy Award for Best Supporting Actor, making him a trailblazer in Hollywood history.

Beyond the glitz and glamour of Hollywood, Gossett was deeply committed to community activism. In 1964, he co-founded a theater group for troubled youth alongside James Earl Jones and Paul Sorvino, setting the stage for his lifelong dedication to mentoring and inspiring the next generation. Gossett’s tireless advocacy for racial equality culminated in the establishment of Eracism, a nonprofit organization dedicated to combating racism both domestically and abroad. Throughout his illustrious career, Gossett remained a beacon of strength and resilience, using his platform to uplift marginalized voices and champion social change. Gossett is survived by his children, Satie and Sharron.

The post Beloved Actor and Activist Louis Cameron Gossett Jr. Dies at 87 first appeared on BlackPressUSA.

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COMMENTARY: D.C. Crime Bill Fails to Address Root Causes of Violence and Incarceration

WASHINGTON INFORMER — The D.C. crime bill and so many others like it are reminiscent of the ‘94 crime bill, which produced new and harsher criminal sentences, helped deploy thousands of police and surveilling methods in Black and brown communities, and incentivized more states to build prisons through a massive infusion of federal funding. While it is not at the root of mass incarceration, it significantly accelerated it, forcing a generation of Black and brown families into a never-ending cycle of state-sanctioned violence and incarceration.
The post COMMENTARY: D.C. Crime Bill Fails to Address Root Causes of Violence and Incarceration first appeared on BlackPressUSA.

Published

4 weeks ago

March 27, 2024

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By Kaili Moss and Jillian Burford | Washington Informer

Mayor Bowser has signed the “Secure DC” omnibus bill passed by the D.C. Council last month. But we already know that this bill will be disastrous for all of D.C., especially for Black and brown residents.

While proponents claim that this legislation “will make D.C. residents safer and more secure,” it actually does nothing to address the root of the harm in the first place and instead maintains a cycle of violence, poverty, and broken community ties. The omnibus bill calls for increased surveillance, drug-free zones, and will expand pre-trial detention that will incarcerate people at a significantly higher rate and for an indeterminate amount of time before they are even tried. This bill will roll back decades of nationwide policy reform efforts and initiatives to keep our communities safe and whole, which is completely contradictory to what the “Secure” D.C. bill claims it will do.

What is unfolding in Washington, D.C., is part of a dangerous national trend. We have seen a resurrection of bad crime bills in several jurisdictions across the country — a phenomenon policy experts have named “zombie laws,” which are ineffective, costly, dangerous for communities of color and, most importantly, will not create public safety. Throwing more money into policing while failing to fund preventative measures does not keep us safe.

The D.C. crime bill and so many others like it are reminiscent of the ‘94 crime bill, which produced new and harsher criminal sentences, helped deploy thousands of police and surveilling methods in Black and brown communities, and incentivized more states to build prisons through a massive infusion of federal funding. While it is not at the root of mass incarceration, it significantly accelerated it, forcing a generation of Black and brown families into a never-ending cycle of state-sanctioned violence and incarceration. Thirty years later, despite spending billions each year to enforce these policies with many of these provisions remaining in effect, it has done very little to create long-term preventative solutions. Instead, it placed a permanent moving target on the backs of Black people, and the D.C. crime bill will do the same.

The bill calls for more pretrial detention. When our loved ones are held on pretrial detention, they are held on the presumption of guilt for an indeterminate amount of time before ever seeing a judge, which can destabilize people and their families. According to experts at the Malcolm Weimer Center for Social Policy at Harvard University, just one day in jail can have “devastating consequences.” On any given day, approximately 750,000 people are held in jails across the nation — a number that beats our nation’s capital population by about 100,000. Once detained, people run the risk of losing wages, jobs, housing, mental and health treatments, and time with their families. Studies show that pretrial detention of even a couple of days makes it more likely for that person to be rearrested.

The bill also endangers people by continuing a misguided and dangerous War on Drugs, which will not get drugs off the street, nor will it deter drug use and subsequent substance use disorders (SUDs). Drug policies are a matter of public health and should be treated as such. Many states such as Alabama, Iowa and Wisconsin are treating the current fentanyl crisis as “Crack 2.0,” reintroducing a litany of failed policies that have sent millions to jails and prisons instead of prioritizing harm reduction. Instead, we propose a simple solution: listen to members of the affected communities. Through the Decrim Poverty D.C. Coalition, community members, policy experts and other stakeholders formed a campaign to decriminalize drugs and propose comprehensive legislation to do so.

While there are many concerning provisions within the omnibus bill, car chases pose a direct physical threat to our community members. In July 2023, NBC4 reported that the D.C. Council approved emergency legislation that gave MPD officers the ability to engage in vehicular pursuits with so-called “limited circumstances.” Sgt. Val Barnes, the head of MPD’s carjacking task force, even expressed concern months before the decision, saying, “The department has a pretty strict no-chase policy, and obviously for an urban setting and a major metropolitan city, that’s understandable.” If our law enforcement officers themselves are operating with more concern than our elected officials, what does it say about the omnibus bill’s purported intention to keep us safe?

And what does it mean when the risk of bodily harm is posed by the pursuit itself? On Saturday, Feb. 10, an Eckington resident had a near-miss as a stolen car barreled towards her and her dog on the sidewalk with an MPD officer in pursuit. What responsibility does the city hold if this bystander was hit? What does restitution look like? Why are our elected officials pushing for MPD officers to contradict their own policies?

Just a few summers ago during the uprisings of 2020, we saw a shift in public perspectives on policing and led to legislation aimed at limiting police power after the highly-publicized murders of loved ones Breonna Taylor and George Floyd — both victims of War on Drugs policing and the powers gained from the ’94 crime bill. And yet here we are. These measures do not keep us safe and further endanger the health of our communities. Studies show that communities that focus on harm reduction and improving material conditions have a greater impact on public safety and community health. What’s missing in mainstream conversations about violent crime is the violence that stems from state institutions and structures that perpetuate racial and class inequality. The people of D.C. deserve to feel safe, and that includes feeling safe from the harms enacted by the police.

Kaili Moss is a staff attorney at Advancement Project, a national racial justice and legal organization, and Jillian Burford is a policy organizer at Harriet’s Wildest Dreams.

The post COMMENTARY: D.C. Crime Bill Fails to Address Root Causes of Violence and Incarceration first appeared on BlackPressUSA.

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Mayor, City Council President React to May 31 Closing of Birmingham-Southern College

THE BIRMINGHAM TIMES — “This is a tragic day for the college, our students, our employees, and our alumni, and an outcome so many have worked tirelessly to prevent,” Rev. Keith Thompson, chairman of the BSC Board of Trustees said in an announcement to alumni. “We understand the devastating impact this has on each of you, and we will now direct our efforts toward ensuring the smoothest possible transition for everyone involved.”
The post Mayor, City Council President React to May 31 Closing of Birmingham-Southern College first appeared on BlackPressUSA.

Published

4 weeks ago

March 27, 2024

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By Barnett Wright | The Birmingham Times

Birmingham-Southern College will close on May 31, after more than a century as one of the city’s most respected institutions.

“This is a tragic day for the college, our students, our employees, and our alumni, and an outcome so many have worked tirelessly to prevent,” Rev. Keith Thompson, chairman of the BSC Board of Trustees said in an announcement to alumni. “We understand the devastating impact this has on each of you, and we will now direct our efforts toward ensuring the smoothest possible transition for everyone involved.”

There are approximately 700 students enrolled at BSC this semester.

“Word of the decision to close Birmingham Southern College is disappointing and heartbreaking to all of us who recognize it as a stalwart of our community,” Birmingham Mayor Randall Woodfin said in a statement. “I’ve stood alongside members of our City Council to protect this institution and its proud legacy of shaping leaders. It’s frustrating that those values were not shared by lawmakers in Montgomery.”

Birmingham City Council President Darrell O’Quinn said news of the closing was “devastating” on multiple levels.

“This is devastating for the students, faculty members, families and everyone affiliated with this historic institution of higher learning,” he said. “It’s also profoundly distressing for the surrounding community, who will now be living in close proximity to an empty college campus. As we’ve seen with other institutions that have shuttered their doors, we will be entering a difficult chapter following this unfortunate development … We’re approaching this with resilience and a sense of hope that something positive can eventually come from this troubling chapter.”

The school first started as the merger of Southern University and Birmingham College in 1918.

The announcement comes over a year after BSC officials admitted the institution was $38 million in debt. Looking to the Alabama Legislature for help, BSC did not receive any assistance.

This past legislative session, Sen. Jabo Waggoner sponsored a bill to extend a loan to BSC. However, the bill subsequently died on the floor.

Notable BSC alumni include former New York Times editor-in-chief Howell Raines, former U.S. Sen. Howell Heflin and former Alabama Supreme Court Chief Justice Perry O. Hooper Sr.

This story will be updated.

The post Mayor, City Council President React to May 31 Closing of Birmingham-Southern College first appeared on BlackPressUSA.