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.



Voice of 'The Lion King' Returns for Disney Prequel

Lebo M's voice soundtracked the opening to Disney's classic film "The Lion King" - AFP
Lebo M's voice soundtracked the opening to Disney's classic film "The Lion King" - AFP
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Voice of 'The Lion King' Returns for Disney Prequel

Lebo M's voice soundtracked the opening to Disney's classic film "The Lion King" - AFP
Lebo M's voice soundtracked the opening to Disney's classic film "The Lion King" - AFP

Born into poverty in apartheid-era South Africa and propelled to Hollywood heights, Lebohang Morake became the voice of Disney's classic film "The Lion King" with his powerful Zulu cry.

Now, 30 years after his chant of "Nants' Ingonyama" soared above the film's memorable opening sequence, the 60-year-old South African singer, producer and composer known as Lebo M is back.

This time he sings another opener for the prequel "Mufasa: The Lion King", which tells the story of orphaned lion Mufasa who grows up to be the king of the Pride Lands and the father of Simba.

Lin-Manuel Miranda, who wrote the music for the film -- due to be released worldwide on December 18-20 -- said on the red carpet he would not have done it without Lebo M, AFP reported.
"That was the dream. I sort of insisted on that the moment I took the job because I think he is the secret sauce," he said at the world premiere in Los Angeles this week.

"I think he is the sound of 'The Lion King' and his choral arrangements, that were in addition to the songs I wrote, I think really make the movie feel of a piece with the original," he added.

The film, directed by Barry Jenkins, premiered in Los Angeles and London this week and opens with Lebo M's composition "Ngomso".

After the enormous impact of his work on the 1994 film, Lebo M told AFP in an interview he had felt the pressure to produce a worthy successor.

"I loved writing the first opening... but having to write and perform a new opening for 'The Lion King' after 30 years... it's quite a big challenge," he said.

In the end, he said, writing "Ngomso" turned out to be a remarkably similar process.

Lebo M produced and composed for the 2010 football World Cup opening and closing ceremonies in South Africa

The "Nants' Ingonyama" cry heard at the start of the "Circle of Life" song in the earlier film, he said, had been a demo for which he simply turned up, performed and left without expecting much to come of it.

Three decades later, he arrived at the studio early in the morning and just started making music "with a hi-hat (cymbals) and a bongo".

"By the time the director and everyone else came in at 11 am I'd written the entire song."

He said committing to the film had the advantage of allowing him to finally work with Miranda, something he had been keen to do for many years.

"It's just amazing energy non-stop. Very little discussion about these chords, this melody. We do! Just go in and everything flows... it allowed us to both to be very, very authentic to the movie," he said.

Born in Soweto in South Africa in 1964, Lebo M has built a reputation as the go-to artist for directors wanting authentic African flair for their productions.

He produced and composed for the 2010 football World Cup opening and closing ceremonies in South Africa.

A long creative association with composer Hans Zimmer, who has written the music for more than 150 films, has seen him feature as a special guest on all Zimmer's world tours.

But success was hard won with low points including racism he experienced, including in the entertainment industry, and two years living on the streets in Los Angeles in the mid-1980s.

"I'm constantly conscious of the fact that I'm a refugee, I'm non-American," he said.

"It was very difficult when Lion King became big in 1994. It was always about the three white guys, Elton John, Tim Rice and Hans Zimmer.

"Being born into extreme poverty was never here or there for me. I had music," he said, adding that as a teenager he had the choice of being a "gangster, a soccer player or the nerd".

This meant immersing himself in music and the arts and by the age of just 14 he was the youngest nightclub singer in South Africa.

Despite an illustrious career, Lebo M said he still bears the scars of the years when he was homeless.

"I've been in survival mode all the way.... Even with the perception of success that one is believed to have, it's still survival mode," he said.

He believes, however, that the US entertainment industry allowed him to "flourish more than I think I would have flourished anywhere else in the world".

After decades mostly behind the scenes, he said he is finally ready to meet his audience with his first of a series of concerts scheduled for next April in South Africa.

"I'm ready because I know there's anticipation in a global audience that would like to experience Lebo M live, not as a guest, not through movies," he said.

"And I also would like to experience that," he added.