John Adams, Bill Cosby, and our nation of laws, not men – Williamsport Sun-Gazette

When John Adams returned to Massachusetts after the First Continental Congress, he discovered growing public opposition to the work of that Congress. Beginning in December 1774, a British Loyalist published political essays in Boston newspapers, under the name Massachusettensis, arguing that the Colonies were part of the British Empire and thus subject to rule by Parliament.

Adams responded with his own series of articles, written under the name Novanglus (Latin for New England). Adams wrote that the provincial legislatures should have ultimate authority over the Colonies, and that Great Britain was not truly an empire, but more in the nature of a republic; a government of laws, and not of men.

Two months later, on April 19, 1775, shots were fired in Lexington and Concord. Support for British rule began to evaporate, and on Tuesday, July 2, 1776, the members of the Second Continental Congress voted to approve the Lee Resolution, which formed the basis for what we now call our Declaration of Independence.

Adams predicted that July 2 would be celebrated, by succeeding Generations, as the great anniversary Festival It ought to be solemnized with Pomp and Parade with shews, Games, Sports, Guns, Bells, Bonfires and Illuminations from one End of this continent to the other from this Time forward forever more. Adams was almost correct. The parades and barbeques are all held two days later.

Fast forward 245 years. On June 30, 2021, the Pennsylvania Supreme Court announced its decision in the matter of Commonwealth v. William Henry Cosby, Jr. In its 79-page opinion, the Court discussed the facts of the case, in great detail. On January 24, 2005, Montgomery County District Attorney Bruce Castor issued a press release that Cosby was under investigation for sexual assault.

After that investigation, D.A. Castor concluded that a successful prosecution was unlikely, and that the alleged victim would be better served by a civil suit against Cosby, seeking money damages. D.A. Castor advised Cosbys lawyer that Cosby would not be criminally prosecuted, and therefor he could be forced to testify in a civil suit filed by the victim. Cosbys lawyer agreed.

Shortly thereafter, D.A. Castor issued a second press release, stating that Cosby would not be prosecuted criminally, but that a civil action, with a much lower standard for proof, could follow. By making that decision, D.A. Castor deliberately decided to strip Cosby of his Fifth Amendment privilege against self-incrimination, so that he could be forced to testify in a subsequent civil case.

A few weeks after the second press release, the alleged victim sued Cosby. In the course of the civil litigation, Cosby was required to sit for four depositions. Since the threat of criminal prosecution had been lifted, Cosby never asserted his Fifth Amendment privilege against self-incrimination. Over the course of those four depositions, Cosby provided incriminating testimony. Eventually, the civil litigation settled for $3.38 million.

Nearly 10 years after D.A. Castors press release that Cosby would not be charged, new Montgomery County District Attorney Kevin R. Steele undertook a criminal prosecution of Cosby. Cosbys deposition testimony, which he gave in reliance upon the statement that he would not be prosecuted, was used against him.

Although his defense attorneys repeatedly sought to have the prosecution dismissed, based upon the decision of former D.A. Castor, both the trial court and the Pennsylvania Superior Court held that any agreement with former D.A. Castor was not binding on current D.A. Steele, and not enforceable by Cosby.

The Pennsylvania Supreme Court disagreed. The Supreme Court held that D.A. Castor made a deliberate decision to strip Cosby of his Fifth Amendment privilege against self-incrimination, in order to put him in the position that he could be forced to give testimony. In fact, he was forced to do so in four depositions, and gave incriminating testimony. Based in part upon that testimony, Cosby agreed to settle the case, by paying money damages of $3.38 million.

Over the course of its detailed opinion, the Supreme Court pointed out that Cosby and his lawyers were deliberately told that no criminal prosecution would take place, in order to force Cosby to cooperate in the victims civil prosecution.

For that reason, his criminal prosecution after the fact was a fundamental violation of his right to due process of law. In other words, the Pennsylvania Supreme Court took 79 pages to say A deal is a deal.

Over the next few months, politicians, newspaper editors, pundits, and bartenders will weigh-in on this decision of the Supreme Court.

Many will argue that Cosby escaped justice, and that a serial abuser was set free. Perhaps that is true.

Far more important, however, is the fact that our laws do not sanction government oppression. Our laws do not permit one elected official to punish us merely because we complied with the decisions of another.

Now, 245 years after the signing of our Declaration of Independence, we still have a government of laws, not of men.

William P. Carlucci is a local attorney and past president of the Pennsylvania Bar Association.

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John Adams, Bill Cosby, and our nation of laws, not men - Williamsport Sun-Gazette