Andrew Schulz and Akaash Singh dissect Bill Cosby's release after a Pennsylvania Supreme Court ruling dismissed his rape conviction based on a 2005 non-prosecution agreement. They detail how prosecutors originally traded immunity for testimony where Cosby admitted drugging victims with Quaaludes, yet his legal team later claimed the deal was merely verbal. Despite serving only two and a half years of a three-to-ten-year sentence, Cosby remains a convicted rapist, sparking intense debate over whether this constitutes a miscarriage of justice or if he should have completed his full term. Ultimately, the discussion highlights the complex intersection of legal technicalities and moral accountability in high-profile cases. [Automatically generated summary]
Transcriber: nvidia/parakeet-tdt-0.6b-v2, sat-12l-sm, and large-v3-turbo
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Civil vs Criminal Charges00:05:53
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Cosby has been released.
Okay.
Mark, quickly tell us why he's released.
All right.
Basically, in 2005, Bill Cosby was in a civil case with a woman.
And because he chose to do the civil case, he or she.
Because Bill Cosby, the prosecutors basically put him in the civil case because they didn't think they could get a criminal conviction in an actual criminal case at the state level.
It is much easier to get a conviction in a civil case than a criminal case.
OJ was convicted civilly, which means he has to pay money.
Civil case is all about paying money.
But he was not convicted, as we know, criminally.
So the prosecution said, listen, you ain't going to convict this guy.
There's not enough information to convict this guy in a criminal case, but I think we can get him in a civil case or you guys can settle.
And at the time, I don't think there was as many allegations against him.
There was a few, and this was the main one, I guess, that they brought towards him.
An important thing is settling.
There's not really settling in a criminal case.
There is if you get offered like a deal, like a plea deal, but you're admitting guilt.
Settling in the civil case is not necessarily an admission.
No.
Right.
The case can just stop.
Maybe sometimes it's part of it.
I remember Kobe's civil case.
He had to like write a letter that basically said, I didn't know that that's what it was.
And I can see why she felt it was that.
Yeah.
Okay.
Continue.
So basically, the rule with the DA that they brought to him, the deal they brought to him was said, basically, if you go through the civil case, we're not going to prosecute you on criminal charges.
But that's the deal.
In order to go through the civil case, he basically loses his right to the Fifth Amendment.
So he's not allowed to plead.
Pleading the fifth.
And we're not allowed to fifth.
Pleading the fifth is basically you cannot, what is it?
Self-incriminate.
Yeah, you cannot self-incriminate.
So if you're on the stand, you could potentially give information that could put you behind bars or convict you, right?
So you're allowed to say, I plead the fifth.
You don't even fucking talk.
He's not allowed to do that in the civil case.
So therefore, he's allowed to go to the stand.
They're allowed to ask him questions.
So they can ask him questions.
And then the answers to those questions might be used against him in court.
Against him in court in the future, but they can't because they made the agreement that they have never brought him back to court.
I almost think, I think he's obligated under oath to say and to answer the lawyer's questions in the civil case.
So basically they asked him, you know, did you give women Qualudes at this party in the 90s or whatever?
And he said, yes, I gave women Qualudes.
Right.
And of course, the story always been with Cosby is he's drugging women.
He's giving them pills, whatever.
Maybe they don't even know he's giving pills.
Obviously, we've all heard the Cappuccino story.
Girls are passing out and he's having sex with them.
That's been the allegations the whole time.
He has refuted these allegations the whole time.
But here is evidence of him admitting to giving drugs to women.
And now it's consistent with what all these women have said, which is, yo, he made me pass out and then sex me while I'm asleep.
Yep.
Right?
Basically, they have all the information.
Now, Cosby's argument has always been, we all just took drugs.
That's what we did.
We're at parties.
I wasn't giving them a drug so I could do this.
We were all just doing drugs.
That's his argument the whole time.
Okay.
So then years later, the new Montgomery County DA said that the DA in 2005 hadn't formally bound the state.
So therefore, that non-prosecution agreement was just a public statement, but not any type of like signed legal document.
So the state tried to pull some slick shit.
Yeah.
They're like, yo, we made you an offer, but since there was no signature, it's not real.
Yeah.
Or I think they might have even said, judging by that, it was just a public announcement, which is a verbal contract is also binding.
Right.
Well, the state's trying to stormy Daniels, basically.
You sign an NDA, motherfucker.
It depends on if it is public, like if it is legally binding or not, just a public statement.
Right.
So originally, it wasn't legally binding, which is why they were able to prosecute him and charge him with however many years in prison he got.
Then Cosby's legal team said, yo, it is.
Yeah, exactly.
And then recently.
Just today, the Pennsylvania Supreme Court came out and said, for the reasons detailed below, we hold that the prosecutor makes an unconditional promise of non-prosecution.
So therefore, the case is dismissed, more or less.
So it's not a verdict on guilt or innocence, but just the case has to get thrown out.
And what's interesting is he's still convicted.
Yeah.
The case has now been thrown out, but he still got convicted.
And based on the evidence, the jury felt like he was a rapist.
Evidence that they got both from the women that were against him, but also that he said in this 2005 case that couldn't be used against him.
And he would never be on the stand if he was a criminal case in the first place.
So they're trying to say some of the evidence that you use should never have been used in court.
That being said, because they had this fucking evidence, they concluded that he was guilty of rape.
Right?
So it's a very tricky thing because of our justice system.
They have to let him out.
They have to release him, even though they feel he's guilty.
Yeah.
Yeah.
That's crazy.
That's crazy.
And I think some people are looking at this and they're not as, unfortunately, this is kind of sad to say, but like they're not as concerned because of his age.
Right.
You're looking at a 78-year-old man or 83-year-old man who's blind and shit, right?
Imagine this was a 25-year-old rapist.
No rapist on the street.
Yeah.
It is.
Or a 25-year-old convicted rapist, even if he said he ain't doing nothing, blah, blah, blah.
But with the information that they had, they convicted that 25-year-old.
Now he's back on the street.
He's back in your neighborhood.
It's going to be a different energy.
This is going to be a very different energy.
Yeah.
So it seems like most of the, I only read a few articles on it, but it seems like most of the articles I read, most attorneys are like, the guy's a scumbag, but it's the right ruling that there was a miscarriage of justice, that he shouldn't have been sent to prison, but he did it.
You know who the lawyer was?
Who's that?
The lawyer.
Tracking Devices and Trump00:02:38
Mrs. Huxtable.
She would.
Felicia Rashad would because she's been holding his ass.
Miscarriage of justice are her exact words.
Wow.
Felicia Rashad played the wife, Mrs. Huxtable, on the Cosby show, and she was the first person out there tweeting with a picture of him saying, finally, a miscarriage of justice has been corrected or overturned.
No, but his lawyer for this case, I believe, was Trump's something lawyer.
Oh, really?
Yeah.
Maybe you can look it up really quick, but there was some connection to Trump.
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Identity Theft on Watches00:09:55
My man is nice.
Yeah.
I mean, not nice enough.
He couldn't make Trump president.
But he might have gotten Trump off.
That's a good point.
Yeah.
Yeah.
I forget.
What was it?
Bruce Caster.
His job is not to get you elected president.
No, he should have gone in there and been like, yo, recount all that shit.
Like, come on, let's make it happen.
He had a chance and he fucked it up.
Nah, maybe.
But he got Cosby off, so I guess it works out.
Yeah.
What a piece of shit you must feel like as a guy.
Yeah, he was a last-minute attorney that Trump used in the impeachment trial.
You know, he was like changing out lawyers every two seconds.
So he did.
Yep.
They didn't impeach him.
Oh, no, they did impeach Trump, but they couldn't.
The Senate and you didn't know, yeah.
Interesting, interesting.
Anyway, I don't know.
Look, we're a comedy podcast.
It's hard to be funny about this shit.
You got hundreds of women saying that Cosby raped him.
You know?
But we're going to give it a shot.
So, so, what are the jokes, guys?
Grant is bad, first off.
Yeah, listen.
Maybe they make a declaration.
100%.
Bill Cosby shouldn't rape dozens of women.
Shouldn't.
I thought it was hundreds.
Hundreds.
Thousands.
Who knows?
Whatever.
Should not do any of those things.
So now we know that.
Everybody's on the same page with that.
What do you guys think?
He's innocent.
Cosby's free.
Whoa.
Al, how do you feel?
Al, how do you feel?
Come on, Mark's.
I disagree with Mark.
That's the one he wrote.
Let me make it sound like I love this.
Yo, where's his energy?
Al, man, quiet, because I remember he was like, yo, Deli is the white Cosby.
Oh, now you feel quiet about Cosby.
He is the white Cosby.
But why are you quiet about Cosby?
You were loud.
They're both innocent.
You were the.
Son, Al is a bad guy.
Al is a wild, bro.
Al's a wild, wild boy.
I'm joking.
Don't cancel me, okay?
Cosby's a rapist.
Who is what?
Bill Cosby.
Oh, oh, you said, don't cancel me.
Yeah.
Oh, okay.
I think rape is bad.
That means pussy hot.
Rape is bad.
Don't rape.
Okay.
Everybody's on the same page.
I still haven't had a verbal confirmation for Bikox.
Whether rape is bad.
I gotta say, if it wasn't for rape, he wouldn't be here probably like that.
That's true.
That's true.
Generation.
Green eyes.
You know what I mean?
How'd that happen?
Consent.
No, I didn't even say that.
I was thinking, like, you know, generation, generation, generation.
They're not really asking the wife on wedding day, like, is that the guy you like?
Yeah.
Right?
It's like, we need cheap.
We need livestock.
Go on out there and blend some families.
Yeah, no.
Right?
Yes or no.
But I got green eyes for sure, not consent.
Why is that crazy?
You crazy.
Sometimes put eyes on me.
He's trying to throw the crazy on me.
He said the craziest shit.
I'm going to find out what your fucking outfit looks like now.
100%.
He's too flat.
No, it's not too bad.
You don't got nothing.
Yo, Charlamagne killed him at the beginning of the podcast.
Oh, now you got to steal jokes.
You got to steal jokes on it.
I said, Charlamagne, I steal it.
So you got to know.
You're going to do it until you're paying the soul.
That's like reaching out.
It's a heat wave.
We literally got a fucking alert on our phone telling us how hot it is not to wear AC.
I've got a full jacket on sweater and post-delivery walls.
Way better.
His delivery was way better.
It's the second time around.
I'm so glad.
Charlamagne got you.
Yeah, he got it.
He got it.
I hate you.
I hate you.
He could do something called comedy.
He can learn a thing or two.
Wow.
Wow, he went.
He got too much confidence.
He was just closing on.
Because Mark couldn't hit him at all.
Son, he was trying.
He was swiggling.
And now you hit the whole fucking first episode.
I'm dodging bullets over here.
I've been shooting.
Yeah, I need to get something.
It's tough, bro.
I'll be honest.
Because the jacket is flocked.
It is flock.
I like the jacket.
That's why I owned it first.
You don't have this.
I owned it first.
You do not.
I had it first in gray.
Don't ever see it.
Okay, but it's not mad.
That looks like a bin bag.
Now you bat.
Now you bad.
People from the UK, they call a trash bag a bin.
Why is Shauchi dressing as a bin bag, Ontarian idiot?
That's weird.
He's wearing a bin bag.
We got to cut off England's YouTube, bro.
Yo, cut it off.
Turn their Wi-Fi off, dog.
Yo, cut it off.
You got to get cut off, too.
You got to get cut off too.
I am fucking mad.
I know, son.
Because I put it off better.
I fucking hate it.
His talk is cat.
Yo, I put my nutsack out on that whole one.
What was that?
He just off the most disrespect.
Is that Italian?
What is that?
You know how, like, you go over and you're a world and go, mmm.
That means fuck you in different places.
Oh, no.
Imagine just sticking talk out.
You're like, kid, you stick your tongue out of somebody.
Like, yeah, mm-hmm.
You never done that when you were a kid?
What older relative did that to you, bro?
I'm just saying.
We all have our traumas, huh?
We're trying to talk about Cosby.
Stop bringing up trauma, bro.
Real talk.
At least I was awake for it, though.
Oh, Jesus.
We should.
Should have done that.
Hey, we shoot on you, man.
He's really gone for it.
Mark playing Minecraft.
My motherfucker is the one who forced us to talk about this shit.
He tapped out.
You don't even want to talk about it.
They're not themselves.
They ripe themselves.
You don't need this motherfucker anyway.
Who cares, dude?
Honestly, come on, dude.
I'm not saying shit.
I've been working for the Weinstein Company for 15 years.
This motherfucker producing movies.
I want me to make a Cosby joke or something.
No, we're not making jokes about that.
No jokes.
Wait, Cosby posted a blue squares.
He's not going to be a bad boy.
He posted blue squares.
Oh, Cosby posted blue square.
You support him?
I can reconsider his case.
That's a wild boy.
That's a wild fucking boy right here.
He said the wildest thing of the podcast.
He's the wildest thing.
Son, he's crying.
Oh, God.
He's crazy.
That guy's crazy.
Son, if I post a blue square, can I stop paying you?
That would be the most blue square.
Now you're ready putting his head.
You're ready for his two values up against each other.
Yeah, but then all the guys are going to want to hire me for something else.
I think I can make more each working with them.
They'll break off a little piece.
Sorry, guys.
I got to stop paying y'all.
He has nowhere else to go.
Okay, no, but in all seriousness, guys, let's have, like, let's try to dissect this.
How do you feel if you're in jail for weed?
Say what?
How do you feel if you're in jail for weed and you see Cosby?
Oh, shit.
Oh, my God.
How are you feeling right now?
There we go.
That's finally.
Mark Tees.
He's finally, bro.
Kiss you on the forehead.
You got to send a kiss up, Mark.
And then he's sitting there.
That's funny.
One kiss is seven over.
Yo, Mark is tight.
You took that mic.
I worked so hard to get behind those cameras to the front of the set.
I'm halfway on the carpet.
This is the day my fucking bike.
This migration is unprecedented, dude.
This is an achievement right there.
All right.
If you're in jail, if you're in jail, if you're in jail, if you're in jail for weed right now, if you're in jail for tax evasion, oh, that's a good one, too.
Right?
If you're in jail for all these things, when we know a convicted rapist is on the streets, he is definitionally a convicted rapist.
Yes, he is.
Now, I'm going to throw something else out there.
Was Tyson a convicted rapist?
Yes, but he served his time.
Does that make a difference?
Listen, if you believe in the justice system, you, I think, also believe if you serve your time and then you don't commit crimes afterward, and there's a reasonable doubt in your case in the first place.
It's like, all right, I think it should be life for rape, bro.
Cosby served his time.
No, he didn't.
No, he got late.
He served.
He was supposed, he was sentenced to three to ten and he served two and a half.
That's not three.
I mean, can you count?
I mean, it's right there, though.
Can you count, bro?
You round up.
It's right there.
Your outfit sucks.
So you're saying your outfit sucks, dude.
For real, dude.
Your outfit sucks.
So the difference of giving Cosby?
Dude, your outfit.
That's what we're saying.
Hey, come on.
That shit came back to me.
He walked in the fucking pants.
Fuck.
Come on, get it together.
Let's go.
But back.
What were you saying?
No, I'm just saying, the difference was six months.
Yeah.
That's good behavior.
You get out on two and a half.
What if he serves the rest of the six months?
What if Alex is dressed as Joseph Coney if he was a who even knows how he dressed?