Cosby Accusers: He May Be Freed But He's 'Not Vindicated'

LOS ANGELES, CA — Two Southland attorneys who represented women accusing Bill Cosby of sexual misconduct reacted angrily Wednesday to the Supreme Court of Pennsylvania's decision vacating his 2018 conviction on sexual assault charges, leading to his release from prison.

"Despite the Pennsylvania Supreme Court's decision, I want everyone to know that I do believe this was a very important fight for justice," said attorney Gloria Allred, who represented nearly three dozen Cosby accusers, including some who testified during his criminal trial.

"And even though the court did overturn the conviction, it was on technical grounds," she said during a videoconference with reporters. "They did not vindicate Bill Cosby's conduct, and it should not be interpreted as a statement or a finding that he did not engage in the acts of which he has been accused."

Cosby, 83, was convicted of drugging and molesting then-Temple University employee Andrea Constand in 2004 at his suburban estate. He had vowed to serve all 10 years of his sentence rather than acknowledge any remorse over the encounter.

Los Angeles attorney Lisa Bloom, who represented three Cosby accusers, including supermodel Janice Dickinson, said her clients were "disgusted" by his release, and the news was "a kick in the gut to victims and their advocates."

In a statement, Bloom -- Allred's daughter -- said that having litigated Dickinson's lawsuit against Cosby "for four long years, up to the Supreme Court and back again, it is appalling what money can still buy in the criminal justice system."

"I prepared Janice and watched her and the other supremely brave accusers testify that they were drugged and raped in his 2018 criminal trial," Bloom said. "That trial resulted in only the smallest measure of justice against this man, accused by more than 60 women. And now that justice is taken away. It's a punch in the gut to the victims."

Phylicia Rashad, Cosby's former co-star on the NBC sitcom "The Cosby Show" and on the CBS sitcom "Cosby," posted a photo of Cosby on Twitter along with the comment: "FINALLY!!!! A terrible wrong is being righted -- a miscarriage of justice is corrected!"

Later, Rashad added, "I fully support survivors of sexual assault coming forward. My post was in no way intended to be insensitive to their truth. Personally, I know from friends and family that such abuse has lifelong residual effects. My heartfelt wish is for healing."

Cosby was convicted on three felony counts of aggravated indecent assault of drugging and assaulting Constand, and was serving a three- to 10- year sentence. He has served nearly three years of the sentence.

Dozens of women have accused Cosby of sexual misconduct, including harassment, drugging and rape, dating back decades. Cosby has consistently disputed the allegations and maintained the relationships were consensual.

The state Supreme Court said Cosby cannot be retried on the same charges.

The court tossed Cosby's conviction on the charges, which were based in large part on testimony Cosby gave in a deposition as part of a lawsuit filed against him by Constand. But a prosecutor at the time had assured Cosby that he would not file criminal charges against the comedian based on the deposition testimony. Cosby sat for the deposition based on that assurance.

The criminal charges were filed later by a different district attorney.

"When an unconditional charging decision is made publicly and with the intent to induce action and reliance by the defendant, and when the defendant does so to his detriment (and in some instances upon the advice of counsel), denying the defendant the benefit of that decision is an affront to fundamental fairness," according to the high court opinion authored by Justice David Wecht.

"For these reasons, Cosby's convictions and judgment of sentence are vacated, and he is discharged."

Hours after the ruling was published, Cosby was released from the SCI Phoenix detention center about 35 miles northeast of Philadelphia, and was driven to his home Elkins Park, about 25 miles from the prison.

Cosby's spokesman Andrew Wyatt thanked defense attorneys and the Pennsylvania Supreme Court.

"This is the justice Mr. Cosby has been fighting for," Wyatt said in a statement. "They saw the light. He waived his Fifth Amendment right and settled out of court. He was given a deal and he had immunity. He should have never been charged."

In 2019, Dickinson declared she had reached a settlement arranged by the then-jailed comedian's insurance company.

Dickinson, one of dozens of women who accused Cosby of sexual assault, sued Cosby in May 2014, saying she had been re-victimized and her reputation had suffered because of comments made by Cosby's former lawyer denying her allegations that the comedian drugged and raped her in a Lake Tahoe hotel room more than 30 years ago.

Terms of the settlement, reached with insurance company AIG, were not released.

By FRED SHUSTER, City News Service