Tag Archives: trial

Bill Cosby Sentenced to 3-to-10 Years in Prison

bill cosby sentenced

Cosby sentencing hearing

Bill Cosby, who was convicted of three counts of indecent sexual assault during a second trial earlier this year, has been sentenced to up to 10 years in a Pennsylvania prison. The three counts were merged for sentencing under Pennsylvania law, and the judge sentenced him in accordance with the guidelines, which called for at least 22-36 months. The judge denied the defense request for house arrest, and denied Cosby a bond. Cosby was led from the courtroom in handcuffs and processed into custody.

bill cosby

Bill Cosby

Cosby, known as America’s dad for his reign as the patriarch of the fictional Cosby he portrayed on a top-rated sitcom in the 1980’s, will surely appeal. There are a couple of substantial issues to be hashed out on  appeal. First is the trial judge’s decision to allow the statements Cosby made in the civil case to be presented in the criminal trial. Cosby claimed he had only agreed to testify in the civil case pursuant to an agreement that the state would not prosecute, essentially that he was immune from prosecution. Cosby’s wife has recently indicated she wants to address a possible dispute the judge had with the former prosecutor that allegedly made the immunity agreement with Cosby. Also, among other things, Cosby will challenge the court’s decision to allow five other alleged victims to testify in this case. During his first trial, only one other accuser testified, and the trial ended with a mistrial due to a hung jury. While the decision to allow similar fact evidence before the jury is generally left to the discretion of the trial judge, his change of heart to allow four more accusers will certainly be scrutinized. It appears Cosby will have to remain behind bars unless he scores on his appeal.

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The First ‘Lake Boyz’ Racketeering Trial is drawing to a Close

Closing arguments are under way in the Racketeering trial of four men who are allegedly members of the “Lake Boyz” gang that have been charged as part of a major organized crime case in Fort Myers. There are so many co-defendants, that the court decided to separate them into multiple trials, and the first group is facing trial, four men, who all have trafficking charges, and one of them has additional drug sale charges. To prove racketeering, that is “RICO”, similar to the type of case that you might see from a mob or other organized crime prosecution, the State has to prove that there is an ongoing criminal operation, and that each of the defendants committed crimes in furtherance of that ongoing criminal operation.

The challenge for prosecutors, which was apparent from the initial warrants in the present case, is that while the State can prove that these defendants have committed prior crimes, there is a challenge in proving that the crimes were in furtherance of the criminal prosecution. Some of the prior offenses are as insignificant as marijuana possession, and it’s hard to demonstrate that simple possession is in furtherance of a criminal enterprise. A lot of crimes can be in furtherance of a criminal episode: drug sales, stealing for profit, violence to support gang activities: the challenge for the state is to prove to the exclusion of a reasonable doubt that these crimes were committed in furtherance of the criminal activity.

Many times to make that showing, the government will use an informant. Sometimes they are able to embed an undercover agent into the criminal enterprise, which is nice as they are generally able to give more credible testimony (think Donnie Brasco). However, that’s difficult, dangerous and expensive. Other times, the government will rely on a criminal informant, who may be willing to cooperate due to facing their own criminal charges, or because they are being paid for their assistance. Either way, informants can be less reliable witnesses, but they can be important for the state to prove that there is a criminal enterprise, and that crimes were committed in furtherance of the enterprise… in this case, a gang.

The State utilized several informants in their case against the alleged Lake Boyz on trial the last three weeks. However, the testimony of the informants was not as strong as they likely would have hoped. Listening to the closing arguments, it sounds like they denied knowledge of any of the Defendants being in the gang, working for the gang, taking orders from the gang, or doing things for the benefit of the gang. The State flipped one of the co-defendants as one of their informants, and he denied being a gang member. I didn’t get to see all the evidence, and I’m not on the jury, but the State has a big hurdle to clear in this case, in spite of the gang signs and rap videos. They have a problem trying to prove the enterprise, and the furtherance of the enterprise, beyond a reasonable doubt.

Closing arguments will wrap up this evening, and then it will be in the jury’s hands. I’m sure they will try to wrap it up tonight, but the judge has indicated he’s willing to come back over the weekend to finish the trial.

Bill Cosby: Guilty, Guilty, Guilty

bill cosby

Bill Cosby

Bill Cosby was found guilty of all three counts of aggravated indecent assault in a Pennsylvania courtroom this afternoon. The charges stem from accusations that he drugged and sexually assaulted a woman at his home. He faces up to 10 years in prison on each count. After the verdict, the prosecutor asked that his bond be revoked pending sentencing, and Cosby audibly called him an “Asshole” in court. The judge declined, leaving the same bond in place. Sentencing will probably not be for a few weeks, and Cosby will need to undergo an assessment to see if he must register as a violent sexual predator. He will certainly appeal, and will probably try to secure a bond while the appeal is ongoing, as well.

This brings to close a saga that began with the accusation 13 years ago. The prosecutor at the time initially did not prosecute, and Cosby claimed that he had an immunity agreement in place before he testified at the deposition in the related civil suit: which he ended up settling for $3.4 million dollars. Later, after publicity, a new prosecutor was elected who then filed on criminal charges, and no immunity agreement was ever produced, so the court allowed him to proceed and to introduce the deposition testimony by Cosby. The first trial ended in a mistrial. This trial included additional evidence, included testimony from five other women that claim Cosby drugged them and took advantage of them, and also from a woman who claimed that the accuser told her that she was going to make up an accusation to try to cash in. His new attorney, Tom Meserau, tried a different, more aggressive approach with the accuser. The jurors must not have been persuaded as they found him guilty as charged.

Not only does it firmly bring down the comedian formerly referred to as America’s Dad, it makes the ‘special sauce’ episode of the Cosby Show really creepy in hindsight… Also, when you get found guilty of sexual assault, it’s not the prosecutor who is an ‘asshole’.

Bill Cosby’s Second Trial Going to Jury

bill cosby

Bill Cosby

Closing arguments are scheduled today in Bill Cosby’s second trial on charges of drugging and sexually abusing a woman, Andrew Costand. The case previously went to trial last year, and ended in a hung jury. This time around, there was some additional evidence that went in front of the jury. The prosecutors were permitted to introduce the testimony of several other women, including supermodel Janice Dickinson, who allege that Cosby also drugged and assaulted them in a similar manner: in the first trial, they were only permitted to introduce the testimony of one women, who did not testify in this case. That’s huge for the effect on the impression of Cosby’s character. However, the Defense was permitted to introduce the testimony of a co-worker of the accuser, who claims that Constand had confided that she had a plan to accuse Cosby in order to cash in, and that she ultimately received a settlement of $3.4 million. That evidence was not heard at the first trial, either.

Closing arguments should conclude today, though jury deliberations may continue beyond this evening. The tenor of this trial was very different, as Cosby’s new attorney Tom Mesereau pointedly attacked the accuser and her financial interest in the claims. They also introduced evidence from Cosby’s private plane suggesting he was not even in Philadelphia at the time she alleges the attack to have occurred. The case will soon be in the hands of the jury- Cosby faces several years in prison for the three counts, of he could walk free. This is the only case of the multiple accusations against him for which the statute of limitations has not expired. The last jury deliberated over the course of six days, so it may be a while before there is a verdict.

Lisa Troemner Found Not Guilty in Marco Island Stabbing Case

lisa troemner

Lisa Troemner

After nearly a month of trial, and a second day of deliberation (the jury went home after a couple hours of deliberations yesterday evening), Lisa Troemner has been found not guilty of second degree murder. There was a chance the jury could have given her a lesser charge, but the Defense’s justifiable use of force case persuaded them, or at least gave them a reasonable doubt. In addition to Ms. Troemner testifying to her relationship with Trevor Smith, she stated that she was scared of him, that he was abusive and controlling, even violent the evening leading up to the killing (he had a BAC over .30). The Defense also presented expert testimony that she was suffering from battered spouse syndrome and even forensic expert testimony that indicated there had been a struggle at the apartment. The State countered with a week’s worth of rebuttal testimony, including counter-experts regarding battered spouse syndrome, and testimony from friends and family of Trevor Smith that in fact Troemner was the jealous, controlling party.

Troemner was facing life in prison if convicted of second degree murder, but she will likely be out of jail this afternoon. This is a huge win for Donald Day and the defense team, and another big Collier County loss for the State already this year…  and expensive after a month of trial. Troemner had been in custody since the date of the arrest, in December, 2014. There was the possibility of a lesser charge, but the jury decided completely in her favor, complete acquittal. There is no appeal on a not guilty verdict.

First reported by Hot Story: https://twitter.com/hotstorycrime/status/962027561055219713

 

State Counters Lisa Troemner’s Battered Spouse Defense in Ongoing Murder Trial

lisa troemner

Lisa Troemner

After about a week of testimony demonstrating that Lisa Troemner killed her then boyfriend, Trevor Smith, she then testified and her attorneys put on a week or so worth of testimony, including experts, that argued she was justified due to hear fear of Mr. Smith. That’s usually about where a case would normally wrap up, but the State has now spent a about a week on their rebuttal case. The have put on their own expert testimony countering the battered spouse claims, and testimony from friends and family that counter Troemner’s claims that Smith was abusive and controlling. The state countered with evidence that Troemner was jealous, and introduced test messages support their theory. Troemner testified the other day that Smith hulked out with rage, and the investigating officer saw a door that had been broken from its hinges, and it was determined he had a blood alcohol level over .300.

The State rested yesterday afternoon, and closing arguments will being this morning. The State is pushing for second degree murder, and the Defense is claiming that she should be acquitted under justifiable use of force (self defense). The jury could find her guilty as charged, which would mean up to life in prison, they could find her guilty of a lesser, such as manslaughter, which would likely result in a shorter prison sentence, or they could find her not guilty. After nearly a month-long trial, the jury may be out for a while, but a resolution is nearly at hand.

Lisa Troemner Trial Continues, She is on the Stand

lisa troemner

Lisa Troemner

The Defendant in the murder of Trevor Smith on Marco Island, has taken the stand in her own Defense. Lisa Troemner had previously admitted to stabbing her then-boyfriend to death, and her attorney indicated that she claims to be acting in self defense. She is now on the stand answering questions, as she tries to convince the jury her actions were justified.

Last week, the state rested, and the defense started presenting their case, including testimony from an expert regarding the effects of drugs and alcohol. The Defense has maintained that Ms. Troemner was acting in self-defense, but the best way for them to convince a jury is if the jury finds her testimony credible. She faces life in prison if the jury does not feel that her actions were justified and finds her guilty as charged. She could also end up with a lesser included offense, such as manslaughter, which would carry a lesser maximum sentence. NDN’s Patrick Riley is live tweeting from the courtroom.