Is Bill Cosby Headed to Prison?

Is Bill Cosby Headed to Prison?

PHOTO: Bill Cosby is seen leaving the Montgomery County Court House after a hearing on his upcoming sexual assault trial, Photo Date: 4/3/2017

Is Bill Cosby going to prison?
As actor Bill Cosby trial for sexual assault continues, everyone is asking the million dollar question is this it? Is the legendary actor that we all grew up with (Mr. Huxtable, Fat Albert, Jell-o pudding pops man) going to serve prison time for the alleged sexual assault of Andrea Constand?
Several factors come into play. 

First, he’s got to be found guilty. The prosecution has an uphill battle convincing the 12 person jury. There was a delayed report of the assault (one year later), no physical evidence, and no eyewitnesses. The alleged victim stayed in contact with Cosby afterwards. Jurors, in the age of DNA, need more than an accuser’s word more often than not. He also has a squeaky clean image, and was someone who seemed endearing on television. It may be hard to separate the character from the person. 

But, the prosecution is not walking in empty handed. There was much pretrial press, including television specials and magazine articles, of the long line of women (over 50 in total) who claim to have been victimized by Cosby. This includes supermodels, struggling actresses, and an airline stewardess among others. As much as the judge and attorneys for both sides asked probing questions during the jury selection process, this publicity will be in the jurors minds no matter what they may have said. Also, another victim will be sharing her experience with the jury — hearing from multiple victims is more powerful. Lastly, the prosecution will present expert testimony with the goal of enlightening the jury as to the different, unexpected ways victims of sexual assault may act or react. 

So, it is a toss up which way the case will go. If he is found not guilty, he walks out the door. If he is found guilty, he would not be sent to jail immediately. Sentencing would be set for several weeks after the verdict is read. At the sentencing hearing, the defense attorney would bring a host of character witnesses. We saw Keisha Pullman Knight come to court with him in support; she and other Cosby show co-stars have been vocal in their support. They will probably be called to testify, along with others who will discuss the positive things he has done for the community, for the field of acting, etc. The defense will be quick to remind the court that Cosby does not have a criminal history. 

Along with his lack of criminal history, the judge can consider Cosby’s age (79) and health. If he is truly going blind due to glaucoma, along with other physical ailments, the judge may determine that incarceration may not be the best punishment. The judge may feel that because of his age/physical condition, he is unlikely to reoffend, therefore not posing a risk to the public. 

Cosby faces a max of ten years in prison if convicted. But as we have seen in recent cases at Stanford University and in Colorado, judges may conclude that prison is not appropriate for a variety of reasons. Granted, historically, men of color have not had the best luck when it comes to sentencing, as seen by the disproportionate numbers in prison. But wealth is often the great equalizer, as seen in the OJ Simpson case. 

So is he going to jail? 
In my opinion, doubtful

#TBT: Best of 2016

#TBT: Best of 2016

voting 2016

 

 

Hi RLD Family,

As we bring 2016 to a close, I wanted to share the stories on the blog that were the most popular this year. I’ve put the link to the post in the title, so go ahead and click to read it again…or for the first time if you missed it.

Let’s begin the countdown!

 

 

#5. Don’t Leave America, Fight For It!

This Presidential election definitely brought out some strong feelings — and the outcome came as a surprise to many. I shared my thoughts as to “where from here” and my resolve to fight for what is rightfully mine as an American. My forefathers planted trees on this land, and I intend to stay and enjoy the fruit of their labor.

 

#4. An Open Letter to Bill O’Reilly on Slavery

My response to the crazy and factually incorrect comments regarding slavery made by Fox News host Bill O’Reilly appeared in the Huffington Post. It remains the most commented on and liked piece that I have done so far.  We must be vigilant to make sure that those who wish to revise history, whitewashing it and trying to minimize the effect it had on this nation, are held to task.

 

#3. My Take on Police Shootings

This piece was published in the Huffington post as well. It was in response to some of the horrific shootings by police that we saw this year. Not every case merits an arrest;  if an officer can articulate legitimate reasons for being in fear, then the shooting is justified.  The focus must remain on deescalation tactics  to reduce the number of fatal shootings, and shining a light on those shootings that are not justified to ensure that everyone is equal under the law — facing consequences when the law is broken.

 

#2. #LoveWins: Interracial Relationship Realities

An innocent and sweet Old Navy ad featuring an interracial family drew the ire of Internet trolls. As a result of the racist backlash, many families started to post pictures showing what love is. I was no different;  not only did I post pictures of my husband and I, but I penned a piece to discuss some of the challenges that we face as a couple. At the end of the day, as long as you have a love and communication, you can overcome anything!

 

And the number one post of 2016 on the Resident Legal Diva is:

#1. Goodbye My Dear Friend…

This was one of the toughest pieces for me to write. Actually, writing it wasn’t that hard; reading and sharing it was the difficult part. My friend suddenly passed away earlier this year, and left a hole in my heart that can never be filled. This was a tough year for me with regards to friends and family transitioning to the next life. All we can do is cherish those we love while we have them, mourn those we have lost, and keep them alive in our hearts through our beautiful memories.

This year I also took a gander at vlogging! I did three videos — check out the links below.

 

So for 2017, what do you want to see on the blog? Do you want to see more articles? More Diva Talks videos? More Diva Reads where I discuss articles of interest that I have been reading?  I’d love to hear from you, sound off in the comments below.

Wishing you a happy, healthy, prosperous, and amazing New Year. I’ll see you on the flipside!

M.

 

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courtesy CreateHerStock

 

#TBT: Lessons from Dr.King

#TBT: Lessons from Dr.King

I’m starting a #TBT (aka Throwback Thursday) series to share past posts that are relevant today.  It was pretty crazy to realize I have shared 175 posts in the last 3 years on The Resident Legal Diva.  The recurring themes of race, criminal justice, and living together as Americans are close to my heart.

So in light of my piece on Colin Kaepernick, and the debates we are having as a result of his actions as well as the elections, please take a look at my multi part series from 2014 Knowledge Trumps Racism. More importantly, I’ll start you at the end of the series, written on MLK day of 2015, which talks about standing up for what you believe in.

martin-luther-king-jr-day-memes-1

Please see my thoughts here.

As always, I welcome your feedback and thoughts!

M.

“My Life as a Black Prosecutor” via Marshall Project/Vice.com

“My Life as a Black Prosecutor” via Marshall Project/Vice.com

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I was approached as then President of the National Black Prosecutors Association to write an article for this collaborative project between the Marshall Project and Vice. It’s important to note, in a world where 95% of elected prosecutors are white, that diversity is a critical issue, especially in the upper echelons of the profession.  As we explore criminal justice reform, issues in policing and lifting up communities of color, it is even more critical that prosecutors reflect the communities they serve.

“The only way to help your people is to be a defense attorney.”

My father was the first to tell me that, but definitely not the last.

He went on to explain that Dr. Martin Luther King, Jr., and all the civil-rights leaders of the 1960s had great lawyers to call whenever they got jailed for protesting. Without these lawyers, my dad explained, African Americans would never have advanced toward equality.

When I was in college and law school, I was also told that as a black woman, the only way to look out for “my people” and defend the Constitution was to become a defense attorney — and more specifically a public defender.

I followed that path, interning with the Legal Aid Society in New York City while I was an undergrad. A couple of the attorneys I met there formed their own shop, and I later interned for them during law school. But during my final year, I got an offer to become a prosecutor in Florida.

I accepted and never looked back.

Read the rest here.

 

Link

Diversity Discussions: My Interview on Implicit Bias

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I had the honor of appearing on the “Crininal (In)Justice” podcast with University of Pittsburgh Professor David Harris. We had a great time, and really delved into the definition of implicit bias (it’s not your parent’s racism). Give it a listen and share your thoughts!

Listen here.

 

The Lost War on Drugs: What Next?

The Lost War on Drugs: What Next?

war-on-drugs

Newsflash: we have lost the war on drugs.

Yes, we have made a lot of arrests.  Yes, drugs were seized and destroyed. But we have not stopped or stemmed the tide of illegal drugs into the United States.

As a prosecutor, I start to think about failed policies, and what to do next.

Instead of a war on poverty, they have a war on drugs so that the police can bother me.

This line was immortalized by the rapper Tupac. It was in his song “Changes” that he discussed the current conditions of his neighborhood in the 1990’s . He was defining the issues that were present in the African-American community. Sadly, in the years since that song, those who reside in lower income areas have not seen any changes.

It has recently come to light in an interview with Nixon aide, that the war on drugs truly was a farce. The idea purportedly was to “equate the hippies with marijuana, and the blacks with heroin” in an attempt to prevent the groundswell of political change that was occurring in the 1970’s.

In reality, the way to fix all that ails our society is really simple. We need to attack the demand, not the supply. The war on drugs was targeting the suppliers. But for every drug dealer and Pablo Escobar that was taken off the street, ten more rose to assume their place.

Why?

Because it is lucrative. Because there is a demand for drugs. Until we end the demand, we will never win the war on drugs.

So how do we end the demand? It is a bit more than Nancy Reagan’s “just say no“, –while simplistic, we need to educate the youth. We truly need to invest in addiction remedies. We need to invest in rehabilitation, making it widespread and easily affordable. If you do not have the money to go to Betty Ford, you should still be able to fight your addiction at a licensed rehabilitation center so that you can get your life on the right track. Once we have less addicts, then the drug dealers will have to find something else to do because selling drugs is no longer profitable.

Of course, this plan requires money. It requires the government to invest in such programs or private entities to subsidize these programs for those who are financially unable, or whose insurance does not cover it. But this is the only way we can truly move forward and truly win this “war on drugs”. Incarcerating masses of people is not the answer.

I was reading an interesting article regarding the relationship between the Clintons and the African-American community. Many view the widespread support Secretary Clinton enjoys as blind faith; however, many in the African-American community, frustrated at the violence that they saw in the streets, welcomed the aggressive policing tactics and hoped that this would alleviate the problems. So while President Bill Clinton’s 1994 crime bill is looked upon as one of the main catalysts of the mass incarceration problem we see today, it was something that was originally sanctioned, even fought for, by the Congressional Black Caucus, the African-American faith based community, and many African-Americans at large. However, the unintended consequence was that an entire generation of young African-American men were lost to the prison system, and even more African-Americans remained mired in addiction and poverty. Check out another interesting article on the relationship between African Americans and the war on drugs here.

So now that we know better, we must do better. If we look at the response to the heroin epidemic in white communities, the focus is on treatment as well as looking at novel ways to enforce the law. The same must be done in all communities, especially communities of color who have suffered for too long.

At the end of the day, if there is a demand, the supply will follow. It’s simple economics; it’s simply business. So it is good business for us to invest in rehabilitation as well as mental health, because in some instances, addictions co-occur with mental illness as a way of self-medicating.

Bottom line: min mans solve nothing, they deter nothing. End the demand, and you kill the supply.

Give a listen to an interview I did on this topic with NPR and the article I wrote for the Miami Herald.

As always, please share your thoughts!

M.

 

 

Criminal Justice Reform

Criminal Justice Reform

My op-ed on criminal justice reform ran last Sunday in the Miami Herald. Enjoy and share your thoughts!

We can create a smarter criminal-justice system

In his final State of the Union Address, President Obama called for criminal-justice reform — one of the most important issues facing the country. The cornerstones of the criminal-justice system have been punishment, deterrence and rehabilitation. For too long, the focus has been on the first, with some mention of the second. Rehabilitation has barely been in the equation. This should change — and can change.

According to the Bureau of Justice Statistics, 95 percent of inmates are eventually released. What are they coming back to? If you went in without job skills and a solid education, plus an addiction, and your time in prison addressed none of those issues, how are you going to succeed?

Read the rest of the op-ed here
Immigration & Criminal Cases

Immigration & Criminal Cases

gavel-0Recently, I guest blogged on the site for attorney Robert Rogers on the Critical Role of Immigration Attorneys in Criminal Cases.  Too many times, I have seen situations that could have been handled better in criminal court had an immigration attorney been involved. It’s an interesting read, please share your thoughts!

In recent months, the topic of the criminal justice system and immigration has been hotly debated. Much of this discussion is as a result of a recent high profile case in California, and comments made in conjunction with the upcoming Presidential elections.

Let’s start by clearing up a few things.

Not all immigrants are here illegally.

One can become a legal resident in this country by coming here through a family member or spouse, as a student, sponsored by an employer, for business, or by seeking asylum from persecution in his/her home country (like during a time of civil war, a coup, or ethnic cleansing).

There is a perception by some people that all immigrants come to this country illegally, commit crimes at will and are clogging up the criminal justice system. This is simply untrue, and the majority of people who are incarcerated across the country are not from immigrant backgrounds. Those who do cross the border illegally, or stay longer than their legal status allows, face deportation when caught. If you are an illegal immigrant who commits a crime in the United States, you are subject to deportation not only for the crime, but for the illegal entry into the country.

Read more here

Study: 95% of elected prosecutors are white

Study: 95% of elected prosecutors are white

In case you missed it, here are some of my thoughts in a telephone interview on WPIX Channel 11 in NY on this study. Diversity in prosecution is critical to having a fair and balanced criminal justice system. Be sure to click on the link to watch the broadcast addressing this serious issue!

New York's PIX11 / WPIX-TV

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NEW YORK – A new study by the Reflective Democracy Campaign shows little diversity among elected prosecutors. Just 4% are men of color, and 1% are women of color. 78% are white men.

“I think that excluding women and people of color from that really important function in the criminal justice system is just bound to lead to inequality,” said Brenda Choresi Carter, Director of the Reflective Democracy Campaign.

Prosecutors can charge a defendant with a felony, or bring no case at all. When negotiating plea deals, they can push for a heavy prison sentence or probation.

“We have to be mindful of the fact that we have a tremendous amount of power that we are not to abuse,” said Melba Pearson, President of the National Black Prosecutors Association.

In just two weeks, the NBPA will hold a jobs fair for young black lawyers.

“We do see…

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Diversity Discussions: The New York Times

Diversity Discussions: The New York Times

20140323-142740.jpgThis week, I was quoted in an article in the New York Times regarding a recent study that reveals 95% of elected prosecutors are white. As President of the National Black Prosecutors Association, I am proud to lead an organization that has been fighting to recruit and retain African American prosecutors for 32 years.  Diversity in the criminal justice system is one of the key components to  earning and maintaining the trust of the community. Read the article here.