COSBY You Got Some ‘Splaining To Do

You have probably heard that famous comedian and TV star Bill Cosby was charged with aggravated indecent assault in Montgomery County Pennsylvania.

A lot of times criminal cases like this become a he said/ she said battle in which a jury has to decide who to believe.

NORMALLY,  I would say a defendant under these circumstances has a real good chance of being acquitted.

Why? Because the incident occurred over 12 years ago. And Bill Cosby is still loved by many people.

But in my opinion the evidence against Cosby is going to be overwhelming.

Why you might ask?

Because he admitted under oath at a deposition that he drugged women he wanted to have sex with.

He also admitted under oath to trying to cover-up these acts from his wife.

That deposition testimony is coming into evidence against Cosby in his trial.

But wait you say he was not given his Miranda rights before the deposition and therefore those statements cannot be used against them.

Pittsburgh wrongful death, medical malpractice, car accident and criminal defense attorney Bernie Tully disagrees.

Miranda rights only apply if the police were questioning him.

The police were not questioning him at the deposition. An attorney was.

When you couple that with the woman victim who’s going to testify about what she recalls, you can see where Cosby is in serious legal water.

Just check out the headline below from the Associated Press;

ELKINS PARK, Pa. — Bill Cosby was arrested and charged Wednesday with drugging and sexually assaulting a woman at his home 12 years ago — the first criminal case brought against the comedian out of the torrent of allegations that destroyed his good-guy image as America’s Dad.

The case sets the stage for perhaps the biggest Hollywood celebrity trial of the mobile-news era and could send the 78-year-old Cosby to prison in the twilight of his life and pioneering career.

Prosecutors accused him of plying former Temple University employee Andrea Constand with pills and wine, then penetrating her with his fingers without her consent, while she was drifting in and out of consciousness, unable to resist or cry out.

She was “frozen, paralyzed, unable to move,” Montgomery County District Attorney-elect Kevin Steele said. In court papers, prosecutors said the drugs were the cold medicine Benadryl or some other, unidentified substance. Steele noted that Cosby has admitted giving quaaludes to women he wanted to have sex with.

The TV star acknowledged under oath a decade ago that he had sexual contact with Constand but said it was consensual.

So after all that evidence comes in where is that going to leave Cosby?

If he doesn’t testify what is the jury left with?

If he does testify what is he going to say thats going to convince 12 reasonable people?

Stay tuned on this one.

That’s how I see it.

What do you think?

Bernie the Attorney.