Is Bill Cosby getting special treatment in his criminal case because well he’s Bill Cosby??
It’s definitely a legitimate issue.
People who feel that he is getting special treatment point to the obvious.
It is extremely rare that a case is halted before even the first hearing. The first hearing is usually called the Preliminary Hearing.
Cosby’s preliminary hearing was scheduled for March 8, 2016.
However a Pennsylvania Court issued an order to stop that trial proceeding while it considers another motion that Cosby’s lawyer’s filed to dismiss the charges against him.
I will say in doing criminal cases for well over 30 years I have never had a situation where the initial hearing is blocked from proceeding like this one was.
What Pittsburgh wrongful death, medical malpractice, slip and fall and products liability and criminal defense attorney Bernie Tully wants you to know is that in just about every criminal case the following occurs;
First the person is stopped and the police get that his information.
Then assuming there’s no warrant out for his arrest he is then let go until the police complete their paperwork.
Then the police go to the local District Justice office and files the criminal charges.
The district justice office then mails out a notice to the defendant to attend his first hearing which is usually the preliminary hearing.
Then a preliminary hearing occurs within 3 to 10 days of the arrest.
Prosecutors only must only show what is called a prima facie case for the case to be held for trial at the first hearing.
However in this case Cosby doesn’t even have to go to the preliminary hearing for who knows how long.
That I think is what gets so many people upset about this whole issue of whether he is getting preferential treatment.
If an 18-year-old kid with no money or connections is charged with a criminal offense, the likelihood is his preliminary hearing will occur as scheduled shortly after the police file the charges.
The question then becomes why Cosby’s situation is any different?
Pittsburgh wrongful death, medical malpractice and criminal defense attorney Bernie Tully will say that there is a unique issue involved in the Cosby case.
Unlike normal criminal cases,in this instance the former prosecutor made an oral promise to Cosby and his lawyers that they would not charge him with a criminal offense if he testified before the grand jury. But now they seem to be reneging on that promise saying that the current prosecutor is not bound by that agreement.
Therefore a legitimate argument can be made that Cosby’s situation is unique.
Where do you come down on this issue?
Is Cosby getting favored treatment because of who he is? Should he be made to stand trial for his charges immediately?
I really do want to know your opinion.
Thanks for reading.
Bernie the attorney