Kevin Federline 'never' used his and Britney Spears sons as 'pawns' in conservatorship, lawyer says - Fox News

Kevin Federline's lawyer says he's never interfered with Britney Spears' 13-year conservatorship.

Mark Vincent Kaplan, who represents Spears' ex-husband of three years, opened up in a new interview about the DJ's goals for the former couple's kids, Sean, 15, and Jayden, 14 amid the controversial court battle over the pop star's personal and financial affairs.

"Kevin was not involved in the conservatorship, and he was not an agent of the conservator or anybody on that side of the probate case," Kaplan told Page Six. "All along, Kevin has had one goal and that was to make it more likely, as soon as reasonable, that he and Britney could have a successful co-parenting relationship regarding the kids."

Kaplan added that his client has "never threatened anything" when it comes to his and Spears' children, and has only made decisions "for the sake and health and well-being of the kids."

BRITNEY SPEARS' REQUEST TO REMOVE FATHER AS CONSERVATOR SHOT DOWN BY JUDGE

The attorney stressed that Federline "has never used his children as pawns for anything," insisting that their two boys have "always" been his top priority.

Britney Spears was married to Kevin Federline from 2004-2007. The former couple shares two children: Sean Preston and Jayden James.  (J. Merritt/FilmMagic)

Earlier this week, Kaplan told Fox News Federline does have concerns regarding the idea of the "Toxic" singer regaining full control of her life "without any expert evaluation," days after Spears addressed the court and made a plea to the judge that she wants her conservatorship to end without being psychologically examined.

"I’ve seen it reported that Britney wants [the conservatorship] terminated without any expert evaluation," Kaplan told us. "One thing that I can imagine will engender a further dialogue should it be terminated is that I know she had revealed in the statement she made that she had been put on lithium, and I think, as you can imagine, lithium is regarded as a very powerful psychotropic medication."

Meanwhile, over the weekend a transcript leaked online from the fan account @Meaner03 consisting of an interview with Spears' former manager Larry Rudolph. According to the documents via Page Six, Rudolph described Federline as a "necessary party" in the 2008 intervention of Spears following her breakdown.

BRITNEY SPEARS' CONSERVATOR SLAMS JAMIE SPEARS' CLAIMS SHE BLOCKED STAR'S PERSONAL CARE, MEDICAL FREEDOM

"Kevin was brought on that call because he was going to be involved in the planning — I’m sorry, the execution, I should say, of that intervention," Rudolph allegedly said in the leaked documents via the outlet. "He was a necessary party. There were no legal issues discussed. There were no — nothing to that — nothing in that order. Only discussion about the execution of the intervention."

James P. Spears, otherwise known as Jamie, was appointed his daughter’s conservator in 2008. 

Rudolph continued: "Kevin had already, through his attorney, come forward and said, ‘I’m putting my foot down. Unless she goes to rehab … if she doesn’t get help, I’m taking those kids away.'"

Kaplan recalled an event that occurred in 2008 when Federline showed up to Spears' house and she "locked herself in the bathroom with the boys."

The attorney said Federline requested sole custody after the incident "because he didn’t feel the children were safe."

The 39-year-old singer addressed the court for the first time in recent years on June 23. During the virtual hearing in a Los Angeles Superior Court, Spears expressed her desire to have her conservatorship end. Her attorney, Samuel Ingham III, said during the hearing Spears has not officially asked him to file a petition to end the conservatorship. It appears the petition still has yet to be filed.

BRITNEY SPEARS' DAD JAMIE UNRECOGNIZABLE AMID CONSERVATORSHIP BATTLE

Kaplan discussed what it would mean for the former couple's custody agreement should the conservatorship come to an end. He said it's "always modifiable, based on the best interest of the child."

He also repeated his client's concerns with the medical care Spears has received. 

"Would the fact alone of the conservatorship being terminated in and of itself make Kevin agree to change the existing custody order? No," he said. "Kevin needs to be able to have some information to inform his judgment on what that order should be."

Federline currently has "at a minimum" 70% custody while Spears has 30%. Kaplan added that Federline's team would need "a lot of information" they currently don't have. However, he said Sean and Preston are "doing very well" with their dad.

"They see their mom, and the termination of the conservatorship in and of itself, in my view, would not be a change of circumstances warranting to change custody," the attorney added.

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There has been movement in Spears' conservatorship case since the June 23 hearing. On Wednesday, the judge overseeing the case shot down the pop icon's request to remove her father Jamie as conservator.

Britney Spears addressed the court on June 23 declaring she wants her conservatorship to end. (J. Merritt/Getty Images for GLAAD)

"The conservator’s request to suspend James P. Spears immediately upon the appointment of Bessemer Trust Company of California as sole conservator of estate is denied without prejudice," the court documents, which were obtained by Fox News, state. 

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Spears’ court-appointed lawyer, Sam Ingham, asked the court to replace Jamie Spears with the Bessemer Trust. According to TMZ, Ingham reportedly only recently filed paperwork requesting that Bessemer be appointed as a co-conservator, which was approved, though the outlet reports that additional paperwork to make Bessemer's role official has yet to be filed.

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Bill Cosby Freed From Prison After Sexual Assault Conviction Overturned By Pennsylvania Supreme Court - CBS Philly

PHILADELPHIA (CBS/AP) — Bill Cosby has been freed from prison after Pennsylvania’s highest court overturned his sexual assault conviction Wednesday. The Pennsylvania Supreme Court said that they found an agreement with a previous prosecutor that prevented him from being charged in the case.

The country watched — some cheering, some dismayed — as Cosby was shackled and lead into prison more than two years ago. Just this afternoon, he was released from the State Correctional Institution Phoenix with little fanfare

Cosby has served more than two years of a three- to 10-year sentence at a state prison near Philadelphia. He had vowed to serve all 10 years rather than acknowledge any remorse over the 2004 encounter with accuser Andrea Constand.

The opinions of the court blasted light on a press release issued by former District Attorney Bruce Castor more than 15 years ago. The document essentially promised that Cosby would not be prosecuted.

Years later, Cosby then testified in a deposition and did not take the Fifth Amendment. He made incriminating statements, and those statements became the foundation of prosecutions against Cosby as it related to the accused indecent aggravated assault of Constand.

Legal experts say the prosecution was essentially a violation of a written contract between the DA’s office and Cosby.

The Montgomery County District Attorney’s Office released a statement on Cosby’s release:

The majority decision by the Pennsylvania Supreme Court orders the release of William H. Cosby Jr. from state prison. He was found guilty by a jury and now goes free on a procedural issue that is irrelevant to the facts of the crime. I want to commend Cosby’s victim Andrea Constand for her bravery in coming forward and remaining steadfast throughout this long ordeal, as well as all of the other women who have shared similar experiences. My hope is that this decision will not dampen the reporting of sexual assaults by victims. Prosecutors in my office will continue to follow the evidence wherever and to whomever it leads. We still believe that no one is above the law—including those who are rich, famous and powerful.

The 83-year-old Cosby, who was once beloved as “America’s Dad,” was convicted of drugging and molesting Constand at his suburban estate.

Constand and her legal counsel released a statement on the court’s ruling Wednesday evening.

“Today’s majority decision regarding Bill Cosby is not only disappointing but of concern in that it may discourage those who seek justice for sexual assault in the criminal justice system from reporting or participating in the prosecution of the assailant or may force a victim to choose between filing either a criminal or civil action.

On the one hand, the Court acknowledged that the former District Attorney’s decision to not prosecute Mr. Cosby was not a formal immunity agreement and constituted at best a unilateral exercise of prosecutorial discretion not to prosecute at the time, but nevertheless precluded a future prosecution, which included additional evidence developed in the civil case. the Supreme Court acknowledged that it was bound by the lower court’s credibility findings, including that Andrea Constand and her civil counsel, Dolores Troiani and Bebe Kivitz, were not privy to any discussions between the former prosecutor and Mr. Cosby or his then criminal counsel, let alone signatories to any agreement of any kind. We were not consulted or asked our thoughts by Mr. Castor concerning any agreements concerning immunity or anything, and we were not made aware if there were any such discussions. The press release had no meaning or significance to us in 2005 other than being a press release circulated by the then District Attorney.

Once again, we remain grateful to those women who came forward to tell their stores, to DA Kevin Steele and the excellent prosecutors who achieved a conviction at trial, despite the ultimate outcome which resulted from a procedural technicality, and we urge all victims to have their voices heard. We do not intend to make any further comment.

In the Pennsylvania Supreme Court’s opinion, the judges “do not question the discretion that is vested in prosecutors ‘over whether charges should be brought in any given case,'” but rather the court examined if the prosecution performed within the bounds of due process.

Legal experts say the Pennsylvania Supreme Court’s opinion reveals parts of the Cosby prosecution were braced on a legal house of cards. Prosecutors who took the legendary comedian and actor to trial twice say the ruling is an unfortunate technicality.

Cosby tweeted out a statement, maintaining his innocence and thanking supporters.

“I have never changed my stance nor my story. I have always maintained my innocence. Thank you to all my fans, supporters and friends who stood by me through this ordeal. Special thanks to the Pennsylvania Supreme Court for upholding the rule of law,” he tweeted.

Cosby’s return to his Elkins Park home was unceremonious in many ways but did inspire those passionate for and against the comedian to visit the property.

Credit: Getty Images

In a T-shirt ode to his Philadelphia high school, Central graduate Cosby returned from prison, yielding comment to his attorneys and representative.

“He said they was ringing his cell, they was just knocking on the walls the inmates, they said ‘you’re free! Get up! Get up.’ And he was just so excited,” spokesperson Andrew Wyatt said.

Nearly 60 women accused Cosby of sexual assault. Attorney Gloria Allred represented several of the women and says her heart breaks for them.

Phylicia Rashad, who played Clair Huxtable on The Cosby Show, took to social media after hearing the news Cosby would be released.

“FINALLY!!!! A terrible wrong is being righted — a miscarriage of justice is corrected,” Rashad tweeted.

FINALLY!!!! A terrible wrong is being righted- a miscarriage of justice is corrected! pic.twitter.com/NrGUdwr23c

— Phylicia Rashad (@PhyliciaRashad) June 30, 2021

He was charged in late 2015, when a prosecutor armed with newly unsealed evidence — Cosby’s damaging deposition from her lawsuit — arrested him days before the 12-year statute of limitations expired.

The trial judge had allowed just one other accuser to testify at Cosby’s first trial, when the jury deadlocked. However, he then allowed five other accusers to testify at the retrial about their experiences with Cosby in the 1980s.

The Pennsylvania Supreme Court said that testimony tainted the trial, even though a lower appeals court had found it appropriate to show a signature pattern of drugging and molesting women.

Cosby was the first celebrity tried and convicted in the #MeToo era, so the reversal could make prosecutors wary of calling other accusers in similar cases. The law on prior bad act testimony varies by state, though, and the ruling only holds sway in Pennsylvania.

Prosecutors did not immediately say if they would appeal or seek to try Cosby for a third time.

The justices voiced concern not just about sex assault cases, but what they saw as the judiciary’s increasing tendency to allow testimony that crosses the line into character attacks. The law allows the testimony only in limited cases, including to show a crime pattern so specific it serves to identify the perpetrator.

In New York, the judge presiding over last year’s trial of movie mogul Harvey Weinstein, whose case had sparked the explosion of the #MeToo movement in 2017, let four other accusers testify. Weinstein was convicted and sentenced to 23 years in prison. He is now facing separate charges in California.

In Cosby’s case, one of his appellate lawyers said prosecutors put on vague evidence about the uncharged conduct, including Cosby’s own recollections in his deposition about giving women alcohol or quaaludes before sexual encounters.

“The presumption of innocence just didn’t exist for him,” Jennifer Bonjean, the lawyer, argued to the court in December.

In May, Cosby was denied paroled after refusing to participate in sex offender programs during his nearly three years in state prison. He has long said he would resist the treatment programs and refuse to acknowledge wrongdoing even if it means serving the full 10-year sentence.

This is the first year he was eligible for parole under the three- to 10-year sentence handed down after his 2018 conviction.

Cosby spokesperson Andrew Wyatt called the parole board decision “appalling.”

Prosecutors said Cosby repeatedly used his fame and “family man” persona to manipulate young women, holding himself out as a mentor before betraying them.

Cosby, a groundbreaking Black actor who grew up in public housing in Philadelphia, made a fortune estimated at $400 million during his 50 years in the entertainment industry. His trademark clean comedy and homespun wisdom fueled popular TV shows, books and standup acts.

He fell from favor in his later years as he lectured the Black community about family values, but was attempting a comeback when he was arrested.

“There was a built-in level of trust because of his status in the entertainment industry and because he held himself out as a public moralist,” Assistant District Attorney Adrienne Jappe, of suburban Montgomery County, argued to the justices.

Cosby had invited Constand to an estate he owns in Pennsylvania the night she said he drugged and sexually assaulted her.

Constand, a former professional basketball player who worked at his alma mater, went to police a year later. The other accusers knew Cosby through the entertainment industry and did not go to police.

CBS3’s Joe Holden, Natasha Brown and Alexandria Hoff contributed to this report.

Copyright 2021 by The Associated Press. All Rights Reserved.

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Princes William and Harry unite to unveil Diana statue, but all eyes will be on their relationship - NBC News

LONDON — More than 20 years after the death of Diana, Princess of Wales, her two sons will unveil a statue Thursday on what would have been her 60th birthday in the gardens of her former home in London, Kensington Palace.

Yet, for many, getting a glimpse of the statue will take second place to looking for clues about the state of the relationship between Princes William and Harry.

This will be only the second time the two brothers have been seen together in public since Harry and his wife, Meghan, stepped back from their roles as senior royals last year. Harry's last visit to the U.K. was in April for the funeral of his grandfather, Prince Philip, the Duke of Edinburgh, who died aged 99.

July 1, 202103:46

Then, the brothers were seen walking together and chatting after the service in St. George's Chapel, Windsor, the site of Harry’s wedding to Meghan just three years earlier. Reports of a rift between the siblings have swirled in the British press since 2018, and Harry has said that he and William are on “different paths.”

Harry, Duke of Sussex, and William, Duke of Cambridge, will be joined at the unveiling by Diana’s close family members, along with the statue’s sculptor and the garden’s designer.

The statue will be placed in the area known as the Sunken Garden, one of Diana's favorite locations, according to Kensington Palace. It's also where Harry and Meghan posed for photos after their engagement in November 2017. The garden was recently redesigned and replanted with 4,000 flowers, including roses, forget-me-nots and lavender, the palace said in a press release.

Diana lived at Kensington Palace during and after her tumultuous marriage to Prince Charles and raised William and Harry there. It is now home to William’s family.

The brothers commissioned the statue in 2017 to mark the 20th anniversary of Diana's death. However, it’s far from the only way they have invoked her memory.

Princess Diana with her sons Prince William, left, and Prince Harry on a skiing vacation in Austria in 1993.Jayne Fincher / Getty Images

Since his departure from the U.K., Harry has often called on his mother’s legacy.

He displayed a photo of himself as a child on his mother’s shoulders prominently on his Archewell website, saying that he is “his mother’s son” and said in a recent Apple TV+ documentary “The Me You Can’t See” that his mother would be proud of him “living the life she wanted for herself.”

Meanwhile, in May, William made a rare emotional statement following a BBC investigation that found the journalist Martin Bashir had used "deceitful behavior" to secure a landmark interview with Diana in 1995 — wherein she famously said that "there were three of us in this marriage," referring to Camilla Parker Bowles, who would go on to marry Charles in 2005.

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William and Harry's charitable work and the causes they support also seem to have been guided by their mother’s interests, according to Roya Nikkhah, royal correspondent for The Sunday Times newspaper.

“A lot of the charitable work that William and Harry have done over the past, you know 10 to 20 years, has been about honoring their mother,” she told NBC News.

Following on from Diana’s commitment to helping those suffering from HIV/AIDS and the homeless, Harry set up Sentebale, which supports children in Botswana and Lesotho suffering from HIV. William is also the patron of the U.K. homelessness charity Centrepoint, as Diana was.

Princess Diana with her sons Prince William and Prince Harry at Wetherby School.Tim Graham / Getty Images file

Despite the fact it’s been nearly 24 years since her death, Diana has for many become a mythological figure of sorts, according to Melanie Kennedy, a lecturer in sociology at the University of Leicester, who studies celebrity.

“We look to media figures to worship in a way that in the past we would have gone to church,” Kennedy said. “When she died it solidified her status as this religious figure, this saint, and this has stuck.”

William and Harry’s father, Prince Charles, the heir to the throne, will not join them at the event on Thursday, nor will their wives. Meghan gave birth to a baby girl in June in California where the couple now live. She was named Lilibet Diana, in honor of Queen Elizabeth II, whose nickname is Lilibet, and in memory of Harry’s mother.

Rachel Elbaum

Rachel Elbaum is a London-based editor, producer and writer. 

Kelly Cobiella and Adela Suliman contributed.

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William and Harry to unveil Diana statue at Kensington Palace - BBC News

Reuters

The Dukes of Cambridge and Sussex will meet later to unveil a statue of their mother, Diana, Princess of Wales, on what would have been her 60th birthday.

The event will be William and Harry's first appearance together since the Duke of Edinburgh's funeral in April.

Commissioned by the brothers in 2017, the statue will stand in Kensington Palace's redesigned Sunken Garden.

At the time, they said they hoped it would help visitors to the palace "reflect on her life and her legacy".

Harry, who lives in the US with his wife, the Duchess of Sussex, and their two children, arrived in the UK last week in order to complete his quarantine ahead of Thursday's event.

On Wednesday, he paid a surprise visit to children's charity WellChild's awards ceremony for seriously ill children in the UK.

• What next for William and Harry's relationship?
• Harry: Heavy drinking masked pain of mum’s death
• Who's in the UK Royal Family and how does it work?

Kensington Palace confirmed that, in addition to the royal brothers, members of Diana's close family will attend the unveiling, as will the committee that oversaw the statue's creation and the redesign of the garden that will be its home.

Ian Rank-Broadley, who has a long track record of creating images of the Royal Family, was chosen to sculpt it, and he will also be among the guests.

Kensington Palace

John Swannell/Camera Press

The ceremony - scaled back due to Covid restrictions - will be a "small event and a very personal moment for the family", a source told the PA News agency.

Kensington Palace said the Sunken Garden had been "one of the princess's favourite locations" when she lived there.

More than 4,000 flowers have been planted for the garden's redesign, which has taken 1,000 hours to complete.

The garden, which sits within London's Hyde Park, will be open to the public to visit for free from tomorrow, in line with Kensington Palace's opening hours.

PA Media

PA Media

Speaking about his mother's death in a recent interview, Harry said he had been willing to drink and take drugs to cope with the pain of losing her.

He also spoke of his family's unwillingness to talk about the death, and how he was expected to "suffer" in silence.

The comments, along with a series of other revelations, followed the Sussexes' decision to step down as senior royals at the beginning of 2020.

Ian Rank-Broadley is no stranger to depicting royalty. His effigy of the Queen appeared on all UK and Commonwealth coins since 1998, while another of his likenesses of the monarch appears on a plaque at the Supreme Court in Parliament Square.

Earlier this month a limited-edition £5 coin commemorating the life of the Duke of Edinburgh featuring Rank-Broadley's likeness of Prince Philip was unveiled on Armed Forces Day.

RoyalMint

Two of his sculptures - a group of stretcher bearers carrying a wounded soldier and another group tending to an injured comrade - can be seen at the National Memorial Arboretum in Staffordshire.

His other work includes a sculpture of a machine gunner that stands on the Royal Anglian Regimental Memorial at the Imperial War Museum in Duxford, Cambridgeshire.

PA Media

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Inside the Redesigned Kensington Palace Garden Where Princess Diana’s Statue Will Be Unveiled - HarpersBAZAAR.com

Courtesy Kensington Palace

It’s a project led by Prince William and Prince Harry that has been in the works for over four years, and now, on the eve of its official unveiling, the redesigned gardens for the new commemorative statue of Princess Diana have been revealed.

Famously known as the late princess’ favorite place on the grounds of Kensington Palace, the Sunken Garden has been transformed into a fitting tribute to Diana, complete with touching nods to her favorite flowers and colors.

Five gardeners spent over 1,000 hours transforming the space ahead of the July 1 statue unveiling. Resplendent with over 4,000 planted flowers, the Sunken Garden now features a more streamlined design and larger lawn space to create “a calmer and more reflecting setting for the statue,” Kensington Palace write in a statement shared with BAZAAR.com.

Graham Dillamore, deputy Head of Gardens and Estates at Historic Royal Palaces, led the project and says the refreshed Sunken Garden—which was originally created in 1908 at the request of King Edward VII—was designed to serve as the perfect backdrop for the statue which has been created by sculptor Ian Rank-Broadley.

“While she was in residence at Kensington Palace, Diana, Princess of Wales regularly admired the changing floral displays in the Sunken Garden and would always stop to talk with me and the other gardeners who cared for it,” Dillamore says in a statement. “Over three decades later, I’m honored to have been part of the team preparing the garden for the installation of this statue. We’ve incorporated a number of the princess’s favorite flowers into the design, and I hope that visitors to the palace and gardens will enjoy its peaceful setting, and take a moment to reflect on the life and legacy of the princess.”

Courtesy Kensington Palace

Visible in the deep flower beds and lush borders are an assortment of spring and summer flowers in a variety of pastel shades, including 100 of Diana’s favorite forget-me-nots, 200 rose bushes in five varieties, 300 tulips, 500 lavender plants, 100 dahlias, and 50 sweet peas.

Landscape architect Pip Morrison—known for his sensitive, thoughtful approach to design and expertise in the development of historic gardens—designed the space to bring a sense of calm. “This has been a very special project to work on, as the Sunken Garden was a favorite place of Diana, Princess of Wales,” he said. “We have worked carefully to ensure that the new layout and planting scheme compliments the statue, providing a calming place for people who visit Kensington Palace to remember the princess.”

Courtesy Kensington Palace

July 1 will see brothers Prince William and Prince Harry come together for just the second time in over a year for a special unveiling of the statue that they both helped shape the design for. They will be joined by Diana’s sisters Lady Sarah McCorquodale and Lady Jane Fellowes, brother Earl Spencer, and members of the statue committee, including former Kensington Palace private secretary Jamie Lowther-Pinkerton and Julia Samual, one of Diana’s closest friends.

A source close to the project tells BAZAAR.com that every effort has been made to ensure that the focus of Thursday’s small event, which will take place in the Sunken Garden for 30 minutes before moving indoors—remains on Diana’s life and legacy. “This has been a long time in the making and everyone there will be celebrating an incredible life,” they say. “It will no doubt be an emotional moment but also a happy one. Unveiling a permanent tribute to Diana’s life is something both William and Harry have wanted to do for a long time.”

Courtesy Kensington Palace

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Former 'Smallville' Star Allison Mack Sentenced To Prison In NXIVM Sex Cult Case - ET Canada

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Bill Cosby Freed From Prison After Sexual Assault Conviction Overturned By Pennsylvania Supreme Court - CBS Philly

PHILADELPHIA (CBS/AP) — Bill Cosby has been freed from prison after Pennsylvania’s highest court overturned his sexual assault conviction Wednesday. The Pennsylvania Supreme Court said today that they found an agreement with a previous prosecutor that prevented him from being charged in the case.

The country watched — some cheering, some dismayed — as Cosby was shackled and lead into prison more than two years ago. Just this afternoon, he was released from the State Correctional Institution Phoenix with little fanfare

Cosby has served more than two years of a three- to 10-year sentence at a state prison near Philadelphia. He had vowed to serve all 10 years rather than acknowledge any remorse over the 2004 encounter with accuser Andrea Constand.

The opinions of the court blasted light on a press release issued by former District Attorney Bruce Castor more than 15 years ago. The document essentially promised that Cosby would not be prosecuted.

Years later, Cosby then testified in a deposition and did not take the Fifth Amendment. He made incriminating statements, and those statements became the foundation of prosecutions against Cosby as it related to the accused indecent aggravated assault of Constand.

Legal experts say the prosecution was essentially a violation of a written contract between the DA’s office and Cosby.

The Montgomery County District Attorney’s Office released a statement on Cosby’s release:

The majority decision by the Pennsylvania Supreme Court orders the release of William H. Cosby Jr. from state prison. He was found guilty by a jury and now goes free on a procedural issue that is irrelevant to the facts of the crime. I want to commend Cosby’s victim Andrea Constand for her bravery in coming forward and remaining steadfast throughout this long ordeal, as well as all of the other women who have shared similar experiences. My hope is that this decision will not dampen the reporting of sexual assaults by victims. Prosecutors in my office will continue to follow the evidence wherever and to whomever it leads. We still believe that no one is above the law—including those who are rich, famous and powerful.

The 83-year-old Cosby, who was once beloved as “America’s Dad,” was convicted of drugging and molesting Constand at his suburban estate.

Constand and her legal counsel released a statement on the court’s ruling Wednesday evening.

“Today’s majority decision regarding Bill Cosby is not only disappointing but of concern in that it may discourage those who seek justice for sexual assault in the criminal justice system from reporting or participating in the prosecution of the assailant or may force a victim to choose between filing either a criminal or civil action.

On the one hand, the Court acknowledged that the former District Attorney’s decision to not prosecute Mr. Cosby was not a formal immunity agreement and constituted at best a unilateral exercise of prosecutorial discretion not to prosecute at the time, but nevertheless precluded a future prosecution, which included additional evidence developed in the civil case. the Supreme Court acknowledged that it was bound by the lower court’s credibility findings, including that Andrea Constand and her civil counsel, Dolores Troiani and Bebe Kivitz, were not privy to any discussions between the former prosecutor and Mr. Cosby or his then criminal counsel, let alone signatories to any agreement of any kind. We were not consulted or asked our thoughts by Mr. Castor concerning any agreements concerning immunity or anything, and we were not made aware if there were any such discussions. The press release had no meaning or significance to us in 2005 other than being a press release circulated by the then District Attorney.

Once again, we remain grateful to those women who came forward to tell their stores, to DA Kevin Steele and the excellent prosecutors who achieved a conviction at trial, despite the ultimate outcome which resulted from a procedural technicality, and we urge all victims to have their voices heard. We do not intend to make any further comment.

In the Pennsylvania Supreme Court’s opinion, the judges “do not question the discretion that is vested in prosecutors ‘over whether charges should be brought in any given case,'” but rather the court examined if the prosecution performed within the bounds of due process.

Legal experts say the Pennsylvania Supreme Court’s opinion reveals parts of the Cosby prosecution were braced on a legal house of cards. Prosecutors who took the legendary comedian and actor to trial twice say the ruling is an unfortunate technicality.

Cosby tweeted out a statement, maintaining his innocence and thanking supporters.

“I have never changed my stance nor my story. I have always maintained my innocence. Thank you to all my fans, supporters and friends who stood by me through this ordeal. Special thanks to the Pennsylvania Supreme Court for upholding the rule of law,” he tweeted.

Cosby’s return to his Elkins Park home was unceremonious in many ways but did inspire those passionate for and against the comedian to visit the property.

Credit: Getty Images

In a T-shirt ode to his Philadelphia high school, Central graduate Cosby returned from prison, yielding comment to his attorneys and representative.

“He said they was ringing his cell, they was just knocking on the walls the inmates, they said ‘you’re free! Get up! Get up.’ And he was just so excited,” spokesperson Andrew Wyatt said.

Nearly 60 women accused Cosby of sexual assault. Attorney Gloria Allred represented several of the women and says her heart breaks for them.

Phylicia Rashad, who played Clair Huxtable on The Cosby Show, took to social media after hearing the news Cosby would be released.

“FINALLY!!!! A terrible wrong is being righted — a miscarriage of justice is corrected,” Rashad tweeted.

FINALLY!!!! A terrible wrong is being righted- a miscarriage of justice is corrected! pic.twitter.com/NrGUdwr23c

— Phylicia Rashad (@PhyliciaRashad) June 30, 2021

He was charged in late 2015, when a prosecutor armed with newly unsealed evidence — Cosby’s damaging deposition from her lawsuit — arrested him days before the 12-year statute of limitations expired.

The trial judge had allowed just one other accuser to testify at Cosby’s first trial, when the jury deadlocked. However, he then allowed five other accusers to testify at the retrial about their experiences with Cosby in the 1980s.

The Pennsylvania Supreme Court said that testimony tainted the trial, even though a lower appeals court had found it appropriate to show a signature pattern of drugging and molesting women.

Cosby was the first celebrity tried and convicted in the #MeToo era, so the reversal could make prosecutors wary of calling other accusers in similar cases. The law on prior bad act testimony varies by state, though, and the ruling only holds sway in Pennsylvania.

Prosecutors did not immediately say if they would appeal or seek to try Cosby for a third time.

The justices voiced concern not just about sex assault cases, but what they saw as the judiciary’s increasing tendency to allow testimony that crosses the line into character attacks. The law allows the testimony only in limited cases, including to show a crime pattern so specific it serves to identify the perpetrator.

In New York, the judge presiding over last year’s trial of movie mogul Harvey Weinstein, whose case had sparked the explosion of the #MeToo movement in 2017, let four other accusers testify. Weinstein was convicted and sentenced to 23 years in prison. He is now facing separate charges in California.

In Cosby’s case, one of his appellate lawyers said prosecutors put on vague evidence about the uncharged conduct, including Cosby’s own recollections in his deposition about giving women alcohol or quaaludes before sexual encounters.

“The presumption of innocence just didn’t exist for him,” Jennifer Bonjean, the lawyer, argued to the court in December.

In May, Cosby was denied paroled after refusing to participate in sex offender programs during his nearly three years in state prison. He has long said he would resist the treatment programs and refuse to acknowledge wrongdoing even if it means serving the full 10-year sentence.

This is the first year he was eligible for parole under the three- to 10-year sentence handed down after his 2018 conviction.

Cosby spokesperson Andrew Wyatt called the parole board decision “appalling.”

Prosecutors said Cosby repeatedly used his fame and “family man” persona to manipulate young women, holding himself out as a mentor before betraying them.

Cosby, a groundbreaking Black actor who grew up in public housing in Philadelphia, made a fortune estimated at $400 million during his 50 years in the entertainment industry. His trademark clean comedy and homespun wisdom fueled popular TV shows, books and standup acts.

He fell from favor in his later years as he lectured the Black community about family values, but was attempting a comeback when he was arrested.

“There was a built-in level of trust because of his status in the entertainment industry and because he held himself out as a public moralist,” Assistant District Attorney Adrienne Jappe, of suburban Montgomery County, argued to the justices.

Cosby had invited Constand to an estate he owns in Pennsylvania the night she said he drugged and sexually assaulted her.

Constand, a former professional basketball player who worked at his alma mater, went to police a year later. The other accusers knew Cosby through the entertainment industry and did not go to police.

CBS3’s Joe Holden, Natasha Brown and Alexandria Hoff contributed to this report.

Copyright 2021 by The Associated Press. All Rights Reserved.

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