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Thursday, December 31, 2015

Tom Meserau on Bill Cosby

A lot of Americans feel that justice was done yesterday-and maybe it was.

"Justice comes for Cosby: Already guilty in the court of public opinion, America’s Predatory Step Uncle now gets his day in court."

http://www.nydailynews.com/opinion/justice-cosby-article-1.2481125

I think that's the sense a lot of folks have and one that I tend to have myself. But remember, public opinion is one thing, court is another, or certainly should be. 

Meserau-Michael Jackson's successful attorney- was on cable tv yesterday and from what he says, it's clear this will also be a very grueling process for the accuser. 

"Tom Mesereau, the former attorney for pop singer Michael Jackson, told CNN today that the prosecution in the case of Bill Cosby will have a difficult time proving guilt. Mesereau, who was hired by Jackson about nine months before his own criminal trial in 2005, spoke to CNN’s John Berman of how prosecutors will have a difficult time proving “beyond a reasonable doubt” that the comic legend is guilty of the crimes levied against him."

“It’s deja vu!” Mesereau claimed, linking the current accusations against Cosby to those against the pop star over a decade ago. “It comes down to credibility,” said Mesereau, noting that the woman in question — a former Temple University employee — has been seeking financial gain through the case. “They’re going to have to prove beyond a reasonable doubt that this woman was drugged against her will — which I just can’t believe happened… that a man his age wanted to have sex with her while she was unconscious and under drugs. It doesn’t make any sense to me.”

http://www.mediaite.com/online/former-michael-jackson-attorney-goes-off-on-cosby-charges-i-just-cant-believe-it-happened/

Well, but, surely Meserau realizes that Cosby already admitted to having sexual relations with the accused. As for the drugs, he admitted in the deposition that is at the center of this case to using Quaaludes

But what makes me think Cosby surely has to be guilty is that there are so many other accusers. Fifty different accusers all lying, all telling a very similar story? But Mesereau points out that in the Michael Jackson case, the prosecution thought that by having all these witnesses accusing Jackson would be overwhelming evidence but the opposite was true as Mesereau and the defense just had to poke holes in the narrative of one accuser to cast aspersions on the testimony of all of them.

“Financial motive can come into the question of bias: what motivates someone to make claims and why were they willing to take money and go away? There’s a lot more to this than what meets the eye at the moment,” Mesereau continued.

It is true that defense will make an issue out of her already getting paid in a civil case. Why is she pushing for criminal charges now after taking money in 2005? Because of a newly released deposition of Cosby during the civil trial:

"]Prosecutors declined to filed charges in 2005 and Constand settled a civil case out of court with Cosby in 2006, but in a press conference on Wednesday, Steele said that the charges filed now were, in part, due to the newly released deposition relating to Constand’s civil case. In his deposition, only publicly released this year after Cosby’s lawyers had it sealed, Cosby admitted to getting a prescription for Quaaludes for the purpose of giving them to women he wanted to have sex with."

“There’s not a question in terms of pills being provided to [Constand], there’s not a question in terms of a question of what went on in terms of the digital penetration,” Steele said.

http://www.theguardian.com/commentisfree/2015/dec/30/bill-cosby-sexual-assault-charges-courtroom-justice

For his part, Meserau wants to know who all these accusers are, what their relationship was to Cosby, what they were doing in that part of their lives, 'Were they partiers?', etc. No doubt, this is why so few victims come forward: it's such a difficult process where they have relive the violation again and justify their own actions as if they're on trial.

 No doubt there has been a conviction in the court of public opinion for a lot of folks-as I've suggested that's been me to an extent. Indeed, the district attorney bringing charges now literally campaigned on a promise to prosecute Cosby. 

Thankfully court is something different and let's just hope justice is served-whatever that is. Obviously if he's guilty he needs to pay a very steep price. 

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