While many on social media and elsewhere express outrage over the Pennsylvania Supreme Court vacating Bill Cosbyโs 2018 sexual assault conviction because of a โtechnicality,โ the chief justice laid the blame at the feet of the prosecutors, excoriating their actions as โreprehensible.โ
Chief Justice Max Baer particularly blasted Montgomery County District Attorney Kevin Steele for going back on an agreement Cosby struck with former prosecutor Bruce Castor that a deposition the famed comedian gave in a civil case couldnโt be used in a criminal trial.
โ[Steele] didnโt just break the deal, he broke the rules,โ Chief Justice Max Baer told Philadelphiaโs local ABC News affiliate. โWhat we said is weโre not gonna let the commonwealth, the state through the district attorneys, to engage in that kind of reprehensible bait-and-switch.โ
He emphasized that the courtโs decision wasnโt to protect Cosby but โ13 million Pennsylvanians against that kind of conduct.โ
Baer concluded that it wasnโt the Supreme Courtโs duty to find guilt or innocence on the part of Cosby. However, what the court did find was an illegal prosecution on the part of Steele.
โWhat we found was what the state did was inappropriate,โ he said.
Cosby won his freedom on June 29 after spending nearly three years in prison on a 2018 conviction of indecent aggravated assault.
The comedian and his team have since argued with those who have called the decision by the Supreme Court to overturn his conviction a technicality.
โYouโre sitting in a room trying to explain something, and there is a knock on the door. You say, โwho is it?โ โIt is the truth.โ So people start jumping out of the window,โ Cosby told the Black Press in his only extensive interview since his release.
โThe courtโs decision was not a technicality,โ Cosby said. โThese people sound like they havenโt read what the judges have written. Itโs not a technicality. These [detractors] donโt want to know anything. Itโs like the woman who said she knows five women that I drugged and raped. Well, where are they?โ
Despite former prosecutor Castor providing written affidavits directly to Steele and offering his testimony in pretrial hearings, Steele incredulously claimed he didnโt know a previous deal existed between the state and Cosby.
โTo be very clear, prosecutors, in this case, did not believe there was an agreement not to prosecute or immunity for the defendant at the time we moved forward on the case, and we do not believe it now,โ Steele told ABC News. โIf we had believed there was an agreement or immunity, we would not have moved forward in our attempt to bring Cosby to justice.โ
Castor has told the Black Press that Cosby should never have been prosecuted because of the deal made in 2005.
Meanwhile, Cosby has already begun plans to resume his stand-up career. He plans to appear at an autism event in August to entertain those supporting that cause.
The โI Spyโ legend is also taking part in a documentary about his life and trials produced by Michelle Major, a former producer for ABCโs โGood Morning America.โ
โThereโs a big smile on my face,โ Cosby insisted. โA big smile on my face because I was there. I know what happened, and Iโm watching and hearing these fascists and Nazis, and I watched them really come out of the woodworks as termites. The infestation of when [former President] Donald Trump came through, and they just let it all hang out. Thatโs who they are. Thatโs who their ancestors are.
โThey want their ancestors to be people who came here for religious freedoms after being persecuted โ but by whom? Things werenโt right in dear old England,โ Cosby said. โThey got on these ships, but you were criminals, and people signed on to look after wealthy peopleโs findings. Christopher Columbus got as lost as a white man can get, but got off the boat, took a flag, and said he would name this and so forth and so on.โ
Pa. Supreme Court Chief Judge Rips Cosby Prosecutor: ‘He Broke the Rules’

