Why Bill Cosby Will Walk

Over the past 3 weeks of the Bill Cosby trial, my clients and many of the top criminal lawyers in Stamford and Greenwich have asked me if I think he will be found guilty of the sexual assault of Temple University employee back in 2004. The clients don’t quite understand how the police could arrest him now…13 years later…for something the police investigated in 2005.

My answer is and has always been: No. He will walk. He will not be found guilty.

Here’s why…

  1. The Accuser’s Story is Not Consistent with Sex Assault

Cosby’s accuser, Andrea Constand, the Temple University women’s basketball coach operations director in 2004, provided compelling testimony about a bizarre and allegedly frightening night with Cosby. She testified that he gave her 3 pills (possibly Quaaludes; although Cosby testified in the civil case that they were over-the-counter Benadryl pills) and she passed out. She testified that she awoke to find herself being sexually assaulted by Cosby. Back then, she filed criminal charges and a civil lawsuit. Cosby’s deposition testimony in the civil action ended up being unsealed and was provided to state prosecutors several years ago, which led to the probable cause finding that supported his arrest.

Remember, for someone to be found guilty of rape in Connecticut, Pennsylvania or any state in our country, the government must prove the allegations beyond a reasonable doubt.

So when Andrea Constand testifies that she stayed in contact with Cosby after she was allegedly sexually assaulted, reasonable doubt that a non-consensual encounter is naturally raised. She testified that she spoke with him on the phone 72 times after the alleged sex assault.

Then—and this piece of testimony would irk any of the best Stamford and Greenwich sexual assault criminal attorneys and lawyers who do these kinds of cases—she testified that after the alleged sexual assault, she called Cosby’s agent to get tickets for her and her family to Cosby’s stand-up comedy show in Toronto!

Really?   He sexually assaults you and then you want to go see him perform at his comedy show…with your family, no less?

At the very least, there’s reasonable doubt here that a crime may NOT have occurred.

  1. Guilty Beyond a Reasonable Doubt is a Tough Burden to Satisfy

As the best Connecticut rape criminal lawyers and attorneys know, guessing or suspecting a rape occurred is not enough to find someone guilty. In fact, there is case law that says this standard is equivalent to about 85% certainty.

That’s the case here with Bill Cosby.

The jurors probably believe something happened, but the trial presented too many questions rather than the answers the jurors need to convict. Remember, a conviction / guilty finding must be unanimous—that’s a tough burden for Pennsylvania prosecutors. Jurors want to have some feelings of certainty before convicting someone of a serious crime.

Sure, I could be wrong, but as someone who has litigated for over nearly 20 years, I predict a not guilty or hung jury.

The Mark Sherman Law Firm’s Sex Assault Crimes Practice Group

Our firm has been litigating Connecticut rape and sex assault crimes since 2002—aggressively defending clients wrongfully accused of rape and sex assault in court and during Stamford, Greenwich, Darien and Westport Connecticut rape investigations. Rape accusations are serious and police will almost always give you a chance to defend yourself and present your side of the story—but do so with the assistance of the experienced sex assault lawyers at Mark Sherman Law. You can read reviews from our former clients who we’ve successfully helped through intense sex assault investigations. For assistance, give us a call—we are available 24/7 at (203) 358-4700.