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.



‘Venom: The Last Dance’ Misses Projections as Superhero Films’ Grip on Theaters Loosens

 Tom Hardy poses for photographers upon arrival at the premiere of the film "Venom: The Last Dance" on Wednesday, Oct. 23, 2024, in London. (AP)
Tom Hardy poses for photographers upon arrival at the premiere of the film "Venom: The Last Dance" on Wednesday, Oct. 23, 2024, in London. (AP)
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‘Venom: The Last Dance’ Misses Projections as Superhero Films’ Grip on Theaters Loosens

 Tom Hardy poses for photographers upon arrival at the premiere of the film "Venom: The Last Dance" on Wednesday, Oct. 23, 2024, in London. (AP)
Tom Hardy poses for photographers upon arrival at the premiere of the film "Venom: The Last Dance" on Wednesday, Oct. 23, 2024, in London. (AP)

“Venom: The Last Dance” showed less bite than expected at the box office, collecting $51 million in its opening weekend, according to studio estimates Sunday, significantly down from the alien symbiote franchise’s previous entries.

Projections for the third “Venom” film from Sony Pictures had been closer to $65 million. More concerning, though, was the drop off from the first two “Venom” films. The 2018 original debuted with $80.2 million, while the 2021 follow-up, “Venom: Let There Be Carnage,” opened with $90 million even as theaters were still in recovery mode during the pandemic.

“The Last Dance,” starring Tom Hardy as a journalist who shares his body with an alien entity also voiced by Hardy, could still turn a profit for Sony. Its production budget, not accounting for promotion and marketing, was about $120 million — significantly less than most comic-book films.

But “The Last Dance” is also performing better overseas. Internationally, “Venom: The Last Dance” collected $124 million over the weekend, including $46 million over five days of release in China. That’s good enough for one of the best international weekends of the year for a Hollywood release.

Still, neither reviews (36% fresh on Rotten Tomatoes) nor audience scores (a franchise-low “B-” CinemaScore) have been good for the film scripted by Kelly Marcel and Hardy, and directed by Marcel.

The low weekend for “Venom: The Last Dance” also likely ensures that superhero films will see their lowest-grossing year in a dozen years, not counting the pandemic year of 2020, according to David A. Gross, a film consultant who publishes a newsletter for Franchise Entertainment.

Following on the heels of the “Joker: Folie à Deux” flop, Gross estimates that 2024 superhero films will gross about $2.25 billion worldwide. The only upcoming entry is Marvel’s “Kraven the Hunter,” due out Dec. 13.

Even with the $1.3 billion of “Deadpool & Wolverine,” the genre hasn’t, overall, been dominating the way it once did. In 2018, for example, superhero films accounted for more than $7 billion in global ticket sales.

Last week’s top film, the Paramount Pictures horror sequel “Smile 2,” dropped to second place with $9.4 million. That brings its two-week total to $83.7 million worldwide.

The weekend’s biggest success story might have been “Conclave,” the papal thriller starring Ralph Fiennes and directed by Edward Berger (“All Quiet on the Western Front”). The Focus Features release, a major Oscar contender, launched with $6.5 million in 1,753 theaters.

That put “Conclave” into third place, making it the rare adult-oriented drama to make a mark theatrically. Some 77% of ticket buyers were over the age of 35, Focus said. With a strong opening and stellar reviews, “Conclave” could continue to gather momentum both with moviegoers and Oscar voters.