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The Pennsylvania Supreme Court overturned the indecent assault conviction of Bill Cosby on Wednesday and ordered his release from prison after finding that he was denied protection against self-incrimination.
The court said that a prosecutor’s decision not to charge Cosby, 83, opened the door for him to speak freely in a lawsuit against him and that testimony was key in his conviction years later by another prosecutor.
Cosby was convicted on three felony counts of aggravated indecent assault in 2018 of drugging and assaulting a woman in 2004, and was serving a three- to 10-year sentence. He has served nearly three years of the sentence.
The state Supreme Court said Cosby cannot be retried on the same charges.
“When an unconditional charging decision is made publicly and with the intent to induce action and reliance by the defendant, and when the defendant does so to his detriment (and in some instances upon the advice of counsel), denying the defendant the benefit of that decision is an affront to fundamental fairness,” according to the high court opinion authored by Justice David Wecht.
“For these reasons, Cosby’s convictions and judgment of sentence are vacated, and he is discharged.”
The prosecution of Cosby was one of the first major milestones of the #MeToo movement, as women came forward with their tales of unwanted sexual advances and harassment in the workplace.
