US Supreme Court Nixes Bid to Reinstate Bill Cosby’s Conviction

Actor and comedian Bill Cosby arrives at the Montgomery County Courthouse for the sentencing hearings in his sexual assault trial in Norristown, Pennsylvania, US, September 25, 2018. (Reuters)
Actor and comedian Bill Cosby arrives at the Montgomery County Courthouse for the sentencing hearings in his sexual assault trial in Norristown, Pennsylvania, US, September 25, 2018. (Reuters)
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US Supreme Court Nixes Bid to Reinstate Bill Cosby’s Conviction

Actor and comedian Bill Cosby arrives at the Montgomery County Courthouse for the sentencing hearings in his sexual assault trial in Norristown, Pennsylvania, US, September 25, 2018. (Reuters)
Actor and comedian Bill Cosby arrives at the Montgomery County Courthouse for the sentencing hearings in his sexual assault trial in Norristown, Pennsylvania, US, September 25, 2018. (Reuters)

Bill Cosby avoided renewed legal jeopardy on Monday when the US Supreme Court declined to hear a bid by prosecutors to undo last year's ruling in Pennsylvania that overturned the 84-year-old actor and comedian's 2018 sexual assault conviction.

The justices let stand the decision by a divided Pennsylvania Supreme Court that Cosby should never have faced the charges because a previous local district attorney had publicly promised in 2005 not to prosecute him, turning away an appeal by prosecutors. The state court's ruling freed Cosby after he spent nearly three years in state prison, angering sexual assault victims and their advocates.

Cosby was sentenced to three to 10 years in prison following his conviction on three counts of aggravated indecent assault for drugging and molesting Andrea Constand, a former employee of his alma mater Temple University, at his home in 2004.

He was the first celebrity to be convicted of sexual abuse since the #MeToo movement began exposing sexual misconduct among powerful men in Hollywood and beyond.

Cosby is best known for his role as the lovable husband and father in the classic 1980s television comedy series "The Cosby Show." He also was an influential stand-up comedian.

His family-friendly reputation was shattered after more than 50 women accused him of sexual assaults spanning nearly five decades. Constand's allegations were the only ones against Cosby that were not too old to allow for criminal charges.

His lawyers argued on appeal that Montgomery County District Attorney Kevin Steele should not have charged Cosby in 2015 in the Constand case because Bruce Castor, who previously held the job, had declined to file criminal charges and issued a press release announcing his decision.

Steele on Monday said appealing to the Supreme Court in a bid to reinstate the conviction was the right thing to do, and expressed his appreciation to Constand.

"All crime victims deserve to be heard, treated with respect and be supported through their day in court. I wish her the best as she moves forward in her life," Steele said.

An attorney for Cosby did not immediately respond to a request for comment.

The earlier refusal to prosecute meant Cosby could not avoid testifying in a civil case Constand had brought against him, which led to a multimillion-dollar settlement. That testimony, in which Cosby acknowledged giving sedatives to women, played a role in Steele's criminal case against Cosby.

The Pennsylvania Supreme Court in June 2021 ruled that the prosecution was fundamentally unfair because Cosby had relied on Castor's promise to his detriment, in violation of Cosby's right to due process of law under the US Constitution.

In appealing to the US Supreme Court, Steele said the state court's "dangerous precedent" wrongly transformed a bare press release into an effective immunity that has "paved the road for thousands of other defendants to raise this issue and to seek similar windfalls."

Cosby's first trial ended with a hung jury in 2017, when jurors could not reach a unanimous decision on his culpability. He was convicted at a second trial after the judge let prosecutors call as witnesses five prior accusers - four more than in the first trial.

Prosecutors argued that Cosby's assault of Constand was a well-rehearsed offense he had honed over decades: befriending younger women and acting as a mentor, only to sexually assault them, often with the assistance of drugs.



‘Kraven the Hunter’ Flops while ‘Moana 2’ Tops Box Office Again

This image released by Disney shows the character Moana, voiced by Auli'i Cravalho, in a scene from "Moana 2." (Disney via AP)
This image released by Disney shows the character Moana, voiced by Auli'i Cravalho, in a scene from "Moana 2." (Disney via AP)
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‘Kraven the Hunter’ Flops while ‘Moana 2’ Tops Box Office Again

This image released by Disney shows the character Moana, voiced by Auli'i Cravalho, in a scene from "Moana 2." (Disney via AP)
This image released by Disney shows the character Moana, voiced by Auli'i Cravalho, in a scene from "Moana 2." (Disney via AP)

The Spider-Man spinoff “Kraven the Hunter” got off to a disastrous start in North American theaters this weekend.
The movie starring Aaron Taylor-Johnson earned only $11 million, according to studio estimates Sunday, making it one of the worst openings for a Marvel-adjacent property. Its box office take was even less than the film “Madame Web,” The Associated Press reported.
The weekend's other major studio release was Warner Bros.’ animated “The Lord of the Rings: The War of the Rohirrim,” which made $4.6 million. Made for about $30 million, the movie is set 183 years before the events of “The Lord of the Rings” films and was fast-tracked to ensure New Line did not lose the rights to Tolkien’s novels. Peter Jackson, Fran Walsh and Philippa Boyens have been working on future live-action films for the franchise.
Meanwhile, the top of the charts again belonged to “Moana 2" and “Wicked.”
“Moana” added $26.6 million to its domestic total in its third weekend and $57.2 million internationally, bringing its global tally to $717 million. It's now the fourth highest grossing film of the year, surpassing “Dune: Part Two."
“Wicked,” which is in its fourth weekend, brought in another $22.5 million to take second place. The Universal musical has made over $359 million domestically and over $500 million worldwide.
“Gladiator II” also made $7.8 million, bringing its domestic total to $145.9 million in four weeks.
“Kraven the Hunter” is the latest misfire from Sony in its attempt to mine the Spider-Man universe for spin-off franchises without the lucrative web slinger himself. “Kraven” joins “Madame Web” and “Morbius” in franchise additions that fell flat with both audiences and critics. The one exception on this rollercoaster journey has been the “Venom” trilogy, which has made over $1.8 billion worldwide.
The R-rated “Kraven the Hunter” was directed by J.C. Chandor and faced a number of delays, partly due to the Hollywood strikes. It was shot nearly three years ago and originally slated to hit theaters in January 2023. The film cost a reported $110 million to produce and was co-financed by TSG. Internationally, it made $15 million, but its potential for longevity appears limited: It currently carries a 15% “fresh” rating on Rotten Tomatoes and got a C grade on CinemaScore from opening weekend audiences.
“It’s not always a guarantee that you’ll be able to connect with audiences when you have a spinoff character," said Paul Dergarabedian, the senior media analyst for Comscore. “General audiences seem to want to know exactly what they’re getting.”
Several awards contenders opened in limited release over the weekend, including Paramount’s “September 5” about ABC's coverage of the Munich Olympics hostage crisis. Amazon MGM and Orion's “Nickel Boys,” based on Colson Whitehead’s Pulitzer-winner about an abusive reform school in Florida, opened in two theaters in New York. It averaged $30,422 per screen and will be expanding to Los Angeles before going nationwide in the coming weeks.
The box office has seen a dramatic recovery since June, when it was down nearly 28% from the previous year. The deficit now stands at 4.8%.
Final domestic figures will be released Monday.