Judicial Usurpation?

Judicial Usurpation?

BBCJdZdAfter the jurors in the Bill Cosby sexual assault trial informed the judge that they were deadlocked, and the judge sent them back for more deliberation, the entertainer’s spokesman Andrew Wyatt declared it a win.

“Today we have really seen Mr. Cosby get the justice he was looking for,” he told reporters.

But the case is not over, even if the jury deadlock is a signal of sharp disagreement over Cosby’s guilt or innocence. He is facing three aggravated indecent assault charges involving accuser Andrea Constand. If convicted, he could be sentenced up to 10 years on each count.

There is several problems with this matter that make me very uncomfortable. Of the first part, let’s just have a look at who this person is, shall we? For those of you who openly know me, moreover, for all those who don’t, I do not mean to be insensitive to the plight of any human being who feels they have been wronged. Everyone, according to our Constitution, will get their chance, or in this case a shot at Dr. William Cosby. Yet, if that is a person’s wish, let’s make sure that we are completely correct in all of our assumptions.

We are not talking about any run of the mill person here in this case. Being a fair judge, it does not matter to me who is on trial.

However, it does matter to me that a person’s integrity, good character, and consummate civil libertarian should play to the accused honor and well-being. For those who may have forgotten Bill Cosby is far more than one’s actor or comedian. He is referred to as “Dr.” because he is, in fact, a doctor of education or Ed.D. A doctorate he earned during a time in this nations history when being black and furthering education credentials was not vogue.

Or and I sincerely hope not that this man lost a child to murder! A case committed by an illegal immigrant from Russia for an unidentified reason. According to the convicted murderer, he was originally setting up a kidnapping for what other than RANSOM?

“>Dr. Cosby, regardless of what anyone says about the man, until he is convicted of these various “sex related crimes” that no doubt have ladies, never heard of ladies, coming out of the wood work looking for a conviction to sue for BIG MONEY.  money scale

Judge Steven O’Neill denied a defense request for a mistrial, saying that it was “inappropriate at this time.”

So, what happens next? Here’s a guide to the possible scenarios:

Deadlock. It’s tricky to guess how much more time the jury will give itself before folding. It is not unheard of for a jury to go back to deliberating and reach a verdict. They could also deadlock on one or more of the counts and not on the others, although they did not indicate that they had reached a verdict on any of the counts on Thursday.

“I don’t think the fact that they announced a deadlock can give us any idea of what is going to happen,” said Steven Fairlie, a criminal defense attorney in Pennsylvania who has been tracking the case. He said that the Cosby spokesman’s suggestion that this was a victory is mere “spin.”

But he said that the word of the deadlock suggests a degree of tension in the jury room.

He noted that judges instruct jurors to return to deliberations with the phrasing, “as long as it’s not going to do violence to their conscience or their individual opinions.” That’s a sign of just how contentious they can get.

“We don’t know how much longer the jury will deliberate,” Fairlie said. “I think when a block of jurors says, ‘I will never change my mind,’ you know it is done.” That would mean that they are “hopelessly deadlocked.”

So, if that happens, then it would be a mistrial. That hasn’t happened yet.

Priya Sopori, partner at Greenberg Glusker, doubts that the jury will come to a verdict.

“In my experience, sending them back to deliberate will not do any good,” she says, adding that she predicts that there will be a hung jury.

She noted that one of the questions that the jury had was about the third count, alleging that Cosby gave Constand a drug without her knowledge “for the purpose of preventing resistance.” The jury asked for the definition of “without her knowledge.” He declined to elaborate.

“They are probably grappling with serious issues of consent in the taking of the drugs, and the understanding that the drugs would lead to a romantic interlude,” Sopori said.

Mistrial. A hung jury almost always means that the judge declares a mistrial.


About J.Paul

Academia, Constitution, Musicianship, all around Caucasian male, straight, and professes Jesus Christ as the Lord of my life. Guitars -- Classical, Acoustic, A/E, Strat, a real bassist at heart, Les Paul Standard bass.
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