PHILADELPHIA (AP) — Prosecutors asked the U.S. Supreme Court to review the ruling that overturned Bill Cosby’s sexual assault conviction, arguing in a petition Monday that a dangerous precedent could be set if press releases are treated as immunity agreements.
Cosby’s lawyers have long argued that he relied on a promise that he would never be charged when he gave damaging testimony in an accuser’s civil suit in 2006. The admissions were later used against him in two criminal trials.
The only written evidence of such a promise is a 2005 press release from the then-prosecutor, Bruce Castor, who said he did not have enough evidence to arrest Cosby.
The release included an ambiguous “caution” that Castor “will reconsider this decision should the need arise.” The parties have since spent years debating what that meant.
“This decision as it stands will have far-reaching negative consequences beyond Montgomery County and Pennsylvania. The U.S. Supreme Court can right what we believe is a grievous wrong,” Montgomery County District Attorney Kevin Steele wrote in the petition, which seeks a Supreme Court review under the due process clause of the U.S. Constitution.
Cosby, 84, became the first celebrity convicted of sexual assault in the #MeToo era when the jury at his 2018 retrial found him guilty of drugging and molesting college sports administrator Andrea Constand in 2004.
He spent nearly three years in prison before the Pennsylvania Supreme Court set him free in June.
Steele’s bid to revive the case is a long shot. The U.S. Supreme Court accepts fewer than 1% of the petitions it receives. Legal scholars and victim advocates will be watching closely, though, to see if the court takes an interest in a high-profile #MeToo case.
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