SPRINGFIELD, Mo. — A stand-up comedian and actor’s conviction is overturned due to a technicality after three years of prison, making him a free man.
In 2018, Bill Cosby was convicted of drugging and molesting Andrea Constand back in 2004.
Eric Mynarich, a criminal defense attorney, said a person could appeal to a higher court when they are convicted.
“If you were to allege an error happened at your trial, you could ask for your conviction to be reversed, and then you would get a new trial,” said Mynarich. “And, hopefully, at the new trial, there would not be errors committed.”
Mynarich says the Cosby case is unique because he had communications with the prosecutor. The communications were not in writing, but the prosecutor agreed not to prosecute Cosby if he would participate in depositions in a civil lawsuit.
In the end, Constand received a large settlement.
“So the Pennsylvania Supreme Court said he should have never been charged because he basically had an agreement with the prosecutor,” said Mynarich. “So now, he can’t even be retried for those charges.”
Cosby was sentenced to three to 10 years and said he would serve his whole sentence before showing remorse or admit he did anything wrong.
But under the law, Cosby is now presumed innocent.