More stories

  • in

    Judge Rules to End Britney Spears's Conservatorship

    The pop star had called the arrangement, which governed her life for nearly 14 years, exploitative. A judge ruled it was “no longer required.”Nearly 14 years after a Los Angeles court deemed the pop sensation Britney Spears unable to care for herself, stripping the singer of control in nearly every aspect of her life, a judge ruled on Friday to end the conservatorship that Ms. Spears said had long traumatized and exploited her.“The conservatorship of the person and estate of Britney Jean Spears is no longer required,” Judge Brenda Penny said, making her ruling less than half an hour into the brief hearing. “The conservatorship is hereby terminated.”The judge added that further psychological assessments of Ms. Spears were unnecessary, because the conservatorship was technically voluntary. But Judge Penny said that the current conservator of the singer’s estate would continue working to settle ongoing financial concerns related to the case.James P. Spears, Ms. Spears’s father, who is known as Jamie, first petitioned the court for authority over his adult daughter’s life and finances in early 2008, citing her very public mental health struggles and possible substance abuse amid a child custody battle. What began as a temporary conservatorship was made permanent by the end of the year.Since then, the conservatorship has governed both the big business of Britney Spears and the day-to-day reality of the woman at its center, covering her medical care and personal life while putting her back to work as a lucrative performer in Las Vegas and beyond.Once called a “hybrid business model” by the former estate conservator who worked alongside Ms. Spears’s father for years, the setup entered into professional contracts on behalf of the pop star; vetted her friends, visitors and boyfriends; dictated her travel; and logged her every purchase down to a drink from Starbucks.Hundreds of #FreeBritney supporters cheered and danced outside Los Angeles Superior Court.Chris Pizzello/Associated PressIt also drew questions from Ms. Spears’s increasingly invested fans and outside observers, who asked why an active global celebrity and working musician was in an arrangement typically reserved for people who cannot feed, clothe or shelter themselves.Ms. Spears, in her first extended public comments on the conservatorship at a court hearing this summer, said its authority went too far, claiming that those in charge forced her to take medication, work against her will and use a birth control device. She called for them to be investigated and jailed, pointing to Mr. Spears, 69, as “the one who approved all of it.”“I shouldn’t be in a conservatorship if I can work. The laws need to change,” Ms. Spears, 39, said at the time, explaining that her previous silence had been the result of embarrassment and fear. “I truly believe this conservatorship is abusive. I don’t feel like I can live a full life.”The singer was not present in court on Friday. But ahead of the hearing, she was seen in a video posted to Instagram by her fiancé, Sam Asghari, wearing a T-shirt that read #FREEBRITNEY above the phrase “It’s a human rights movement,” while her song “Work Bitch” played in the background.A large number of Ms. Spears’s fans decried the conservatorship, and worked to rally public opinion to her side. Chloe Pang for The New York TimesA lawyer for Ms. Spears, Mathew S. Rosengart, repeated some of the singer’s recent comments about the conservatorship in court on Friday at her behest, he said.“I just want my life back,” Mr. Rosengart told the judge, quoting Ms. Spears.Ms. Spears responded to the ruling on social media Friday evening. “Good God I love my fans so much it’s crazy,” she wrote, adding some emojis. “I think I’m gonna cry the rest of the day !!!! Best day ever … praise the Lord … can I get an Amen.”Any notion that Ms. Spears was content to be in the conservatorship — her father and his representatives had routinely called it both necessary and voluntary — crumbled on June 23 when she spoke about it extensively in public for the first time.After requesting to address the judge directly, Ms. Spears made a shocking, emotional call into court, speaking for more than 20 minutes. And while the great majority of the hearings in the case had happened behind closed doors, with Ms. Spears appearing rarely and speaking only in private when she did, the June hearing was streamed live online because of Covid-19 protocols. Ms. Spears insisted that her remarks be heard by all who were tuning in.Already, Ms. Spears had begun seeking substantial changes to the conservatorship, starting in 2019, when she also announced “an indefinite work hiatus.” But the singer was at first required to use the same court-appointed lawyer she had since 2008, when she was found at the outset of the case to be mentally incapable of hiring her own counsel.Behind the scenes, Ms. Spears had routinely bristled at the strictures of the arrangement, according to reporting and confidential documents obtained by The New York Times. Having objected to her father’s role from the start because of his turbulent and intermittent presence in her life since childhood, she continued to question Mr. Spears’s fitness as conservator, citing his drinking and calling him “obsessed” with controlling her.But little would change for years.In 2016, Ms. Spears told a court investigator that the arrangement was oppressive and that she was “sick of being taken advantage of,” according to the investigator’s account of the conversation. Still, the investigator’s report concluded that the conservatorship remained in Ms. Spears’s best interest based on her complex finances, susceptibility to undue influence and “intermittent” drug issues, even as it called for “a pathway to independence” and eventually, termination.In 2019, Ms. Spears told the court that she had felt forced into a stay at a mental health facility and that she was made to perform while sick, according to a transcript of the closed-door hearing. She said later that she did not feel like she had been heard.In her comments at the June hearing, Ms. Spears said she did not know that she could file to end the arrangement altogether. Her lawyer, Samuel D. Ingham III, soon resigned, as did a wealth management firm that was set to take over as the co-conservator of the estate. Outside the conservatorship, the singer’s longtime manager, Larry Rudolph, also stepped down. Judge Penny allowed Ms. Spears to select a new lawyer the next month..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-1kpebx{margin:0 auto;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-1kpebx{font-size:1.25rem;line-height:1.4375rem;}}.css-1gtxqqv{margin-bottom:0;}.css-19zsuqr{display:block;margin-bottom:0.9375rem;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}Mr. Rosengart, a former federal prosecutor who has worked extensively in Hollywood, took over the case, calling for an extensive re-examination of the entire arrangement and pushing for Mr. Spears’s immediate suspension as estate conservator; that was granted in September. Ms. Spears had said previously that she was afraid of her estranged father, even as he remained the steward of her nearly $60 million fortune, and would not return to performing with him in charge.In an abrupt about-face in September, ahead of his own suspension, Mr. Spears moved to end the conservatorship entirely. Mr. Rosengart argued that the turnaround was designed so that Mr. Spears, who earned a salary as conservator and commissions from his daughter’s career, could avoid legal discovery and being deposed under oath about his earnings and financial management of her estate.Mathew Rosengart said that “what’s next for Britney — and this is the first time that this could be said for about a decade — is up to one person: Britney” after a judge in Los Angeles ended her conservatorship.Mike Blake/ReutersMr. Rosengart has sought to investigate Mr. Spears’s dealings with the estate’s former business manager, Tri Star Sports & Entertainment Group, along with a security firm that monitored the singer, including secretly capturing audio recordings from her bedroom and accessing material from her phone, according to a documentary on the subject by The Times.Mr. Spears’s new legal team, hired after his removal, has said he stands by his record as conservator and “supports, indeed encourages, a full and transparent examination.”Lawyers for Tri Star denied in court filings that the company’s employees had any control over Ms. Spears’s security protocols, including hidden electronic surveillance, and said that its financial dealings with the estate were approved by the court before the firm’s resignation from the conservatorship last year.But even as the battle continues in court — with subsequent hearings scheduled to address the outstanding financial issues and investigations tied to the conservatorship — both sides came to agree that the arrangement should end.In addition to Ms. Spears and her father, the singer’s personal conservator, Jodi Montgomery, also consented, according to court filings, and worked with Mr. Rosengart on a “termination care plan” that was filed with the court under seal. (Ms. Montgomery took over those duties from Mr. Spears on an ongoing temporary basis in September 2019, when he resigned citing health issues.)Still, Mr. Rosengart said in court on Friday that Ms. Spears wanted a financial and personal “safety net” even after the conservatorship was terminated.John Zabel, the certified public accountant who took over the estate in September, would retain “limited administrative powers,” the lawyer said, including the ability to execute estate planning and transfer outside assets into an existing trust for Ms. Spears. Ms. Montgomery, too, would be there for Ms. Spears if she needed help, her lawyer, Lauriann Wright, said.The parties, Mr. Rosengart said, had “engaged in an orderly transfer of power.”Ms. Spears had insisted that the arrangement end without her having to undergo further psychological assessments, which judges typically rely on when considering whether to restore independence to someone under a conservatorship.“I don’t think I owe anyone to be evaluated,” Ms. Spears told the court in June. Mr. Spears later agreed in his own court filings, and Judge Penny ultimately concurred.But several experts said they had expected the judge to require a mental health evaluation, and that it was highly unusual for her to end the conservatorship without one.“Based upon the information on the public record, and the history of alleged mental health issues, I am shocked that the conservatorship was terminated without a current mental health evaluation,” said Victoria J. Haneman, a trusts and estates law professor at Creighton University. “I had no doubt that a clear path to termination would be agreed upon, but I did not think in a million years that it would all end today.”In this case, the singer’s extensive résumé as a conservatee seemed to be enough.One of the best-selling artists of all time, Ms. Spears released four of her nine studio albums while under the conservatorship, including, most recently, “Glory” in 2016. She appeared on television, serving as a judge on “The X Factor” in 2012, and even toured internationally, though most of her performances were part of a strictly controlled Las Vegas residency.Beginning in 2013, “Britney: Piece of Me” ran for four years at the Planet Hollywood Resort & Casino, grossing a reported $138 million across nearly 250 shows. A follow-up Vegas show, “Britney: Domination,” was canceled in 2019.The millions Ms. Spears amassed in her career will continue to be pored over in minute detail as the many lawyers and other professionals who have been involved in the conservatorship proceedings seek approval by the court to be paid.Up to this point, all expenses incurred in the case — including the legal fees of those fighting against Ms. Spears’s wishes — have been billed to the singer’s estate. Mr. Rosengart has made a formal objection to a request for fees by former lawyers for Mr. Spears, calling the totals — some related to “media matters” in defense of the conservatorship — “outrageous and exorbitant.”Others seeking payment include Mr. Rosengart; Mr. Ingham, Ms. Spears’s former court-appointed lawyer; another firm he brought on board for litigation assistance; Ms. Montgomery and her lawyers; and lawyers for Lynne Spears, the singer’s mother and an “interested party” in the conservatorship since 2019. Additional hearings in the case are scheduled for Dec. 8 and Jan. 19.Outside the courthouse, amid cheering fans, Mr. Rosengart said that Ms. Spears’s conservatorship had shined a light on potential abuses in the wider system. “If this happened to Britney, it can happen to anybody,” he said.When asked whether Ms. Spears would ever perform again, the lawyer added that, for the first time in years, “it’s up to her.”Joe Coscarelli reported from New York, and Julia Jacobs from Los Angeles. Lauren Herstik, Douglas Morino and Graham Bowley contributed reporting. More

  • in

    Experts Say It's Unusual to End a Conservatorship Without an Evaluation

    Several experts said Friday that while they personally supported ending Britney Spears’s conservatorship, they thought it unusual that the Los Angeles probate court did so without requiring the pop star to undergo a psychiatric evaluation.“I’m surprised,” said Robert Dinerstein, a disability rights law professor at American University. He said that persuading judges to overturn a conservatorship in the first place is unusual.But when they do, he said, they typically require a psychological evaluation.“Within the relatively rare number of cases where a conservatorship is terminated, it’s even more unusual to do that without proof they had capacity,” Professor Dinerstein said.Judge Brenda Penny, who terminated the conservatorship, said that further psychological assessments of Ms. Spears were unnecessary, because the conservatorship was technically voluntary.Victoria Haneman, a trusts and estates law professor at Creighton University, said California probate code does not require a mental health evaluation for the conservatorship to be terminated. She said the underlying diagnosis explaining why Ms. Spears was put in conservatorship is unavailable because the record is sealed, making it tough to determine what sort of evaluation might have been required to show that the guardianship was no longer needed.Nevertheless, mental issues seemed to be a part of the reason, and so she had expected that an assessment would have been required to answer whether those problems were now in the past, she said.“I am extremely surprised that this conservatorship is ended without an evaluation,” she said.The experts stressed that they were not commenting on Ms. Spears’s mental health status, of which they are not informed — only on the process as they have experienced it.Typically in deciding whether to end a conservatorship, the experts said, a judge will consider whether the conservatee has regained “capacity,” using a psychological assessment and other factors to determine cognitive ability and decision making.This includes whether they can weigh risks and benefits regarding things like medical care, marriage and contracts. The person’s ability to feed, clothe and shelter themselves may also be examined.The purpose of an assessment is to determine whether the conditions that led to the imposition of the conservatorship in the first place have now stabilized or are in the past.Ms. Spears’s case has been considered extremely unusual because while viewed as unable to care for herself by the court, she continued to work extensively as a performing musician and global celebrity, bringing in millions of dollars.The singer herself had insisted that the arrangement end without her having to undergo an additional mental evaluation, and her lawyer had noted that lawyers for her father had agreed that no mental or psychological evaluation was required under California probate court.Zoe Brennan-Kohn, a disabilities rights lawyer with the American Civil Liberties Union, said though typically some kind of psychological evaluation is part of the process of ending a conservatorship, it “makes sense that there would be no evaluation because everyone agreed.”“If everyone in the picture thinks this person does not need to be in this invasive situation,” she said, “we don’t want courts to be second-guessing that. Everyone said you should end this. I think it’s appropriate that the judge said, ‘Let’s end this.’” More

  • in

    At Britney Spears’s Hearing, This Twitter Feed Scooped the World

    With a deft plan, @BritneyLawArmy kept everyone outside the courtroom abreast of developments in a crucial moment in the singer’s conservatorship.LOS ANGELES — More than 50 members of the media took their seats Wednesday afternoon in Courtroom 217 of the Stanley Mosk Courthouse here, all agreeing to abide by restrictions set by the court to govern a highly anticipated hearing regarding the conservatorship that controls Britney Spears’s life.No laptops in the courtroom. No phones visible during the proceedings. No attempts in real time to communicate with others outside the courtroom. Violators would be swiftly ejected.For those anxious to witness and understand whether Ms. Spears’s father would be removed as her conservator, as the singer had asked, it appeared the afternoon would be a frustratingly long wait to hear what had happened inside.But, then, just minutes after the Los Angeles Superior Court clerk finished his roll call, snippets, seemingly from inside the room, began trickling out on the @BritneyLawArmy Twitter account.For the next hour, the Twitter feed became a source of real-time information during the pivotal hearing, tracked both by mystified media outlets unable to talk to their own reporters inside and hundreds of Free Britney fans outside.How did they manage to pull it off?In interviews Thursday, members of the Britney Law Army described how the group, five friends all committed to seeing Ms. Spears enjoy freedom, plotted their judicial Ocean’s 11: a well-orchestrated “buddy system” that allowed them to disseminate as much information as quickly as possible without running afoul of the court’s very strict rules.“It definitely would not have worked without all five of us,” said Marilyn Shrewsbury, 32, a lawyer who focuses on civil rights cases in Louisville, Ky.The army, consisting of Ms. Shrewsbury; two other lawyers, Angela Rojas, 30, and Samuel Nicholson, 30; a legal assistant, Raven Koontz, 23; and Emily Lagarenne, a 34-year-old recruiting consultant, all from in and about Louisville, had flown into Los Angeles on Tuesday. That evening they sat outside, planning final logistics as they ate street tacos, drank beer and chain smoked.Britney’s Law Army, from left: Raven Koontz, Angela Rojas, Marilyn Linsey Shrewsbury, Samuel Nicholson and Emily Lagarenne.Laura Partain for The New York Times“We are from Kentucky,” Ms. Shrewsbury said.All four women identify as lifelong Britney fans, but Mr. Nicholson was the driving force.“From a civil rights litigation perspective, Sam really sparked my interest,” Ms. Shrewsbury said.The New York Times documentary “Framing Britney Spears” galvanized the group to rectify what they saw as a lack of consistent information available to the public about what they described as Ms. Spears’s “horrific treatment” inside the conservatorship.On Wednesday, they arrived at the entrance to the courtroom at 7:30 a.m. in hopes of securing five of the 11 seats allotted to members of the public on a first come first served basis. Another 54 seats had been reserved for members of the media. Only one person, a New York Times reporter, arrived before them.At 11 a.m. they were given red raffle tickets that ensured them spots in the courtroom when the hearing began at 1:30 p.m. Members of the public were told they would have to turn off their phones in front of deputies from the Los Angeles County Sheriff’s Department and then put them in magnetic locked bags, which could be opened when they left.“I’ve never been so nervous for a court hearing I wasn’t an attorney on,” Mr. Nicholson said.The plan: Each of the five would take copious notes, leave the hearing one at a time, in 15-minute intervals, get their phones out of the bags and tweet out as much as possible, as quickly as possible.The one hiccup:“We were in the worst spot in the courtroom,” Mr. Nicholson recalled. “Far right corner, not anywhere near the aisle at all. The clerk obscured our view.”Some of them couldn’t see the judge or the screen for remote appearances. It didn’t matter. The doors closed, and the plan went into action.Mr. Nicholson, measuring time on his watch, cued the others one at a time to run out of the courtroom. Information flowed, and followers hung on every word.After an hour or so, Mr. Nicholson was the only Army member in the room. Judge Brenda Penny announced her ruling: Mr. Spears would be suspended as conservator of the estate, effective immediately. Reporters tried to leave the room to report the news to the outside world, but Judge Penny stopped them, saying she would let everyone out for a recess shortly.Mr. Nicholson couldn’t leave either. His phone stayed locked up. The feed went dark. Out on the street, over one hundred #FreeBritney protesters waited in near silence. Ms. Shrewsbury and Ms. Rojas joined Ms. Koontz and Ms. Lagarenne outside.When Judge Penny released the courtroom, the tweets started flying.“Judge Penny: My order suspending Jamie Spears shall remain in full force and effect until a hearing on removal,” Mr. Nicholson wrote.The other four members of the Army were with the crowd as it erupted.“Literally the moment Sam tweeted Jamie was suspended, everyone started screaming about it,” Ms. Shrewsbury said. “We were in shock for a full 45 seconds.”Julia Jacobs contributed reporting. More

  • in

    What's Next? Britney Spears's Next Hearing Is in November

    The court set a hearing for Nov. 12 to decide whether to terminate altogether the conservatorship that has dominated Britney Spears’s life for 13 years.The hearing was set after Judge Brenda Penny suspended Ms. Spears’s father, James P. Spears, as her conservator. A lawyer for Ms. Spears, Mathew S. Rosengart, had sought Mr. Spears’s immediate suspension, and asked for the next hearing to discuss terminating the conservatorship.Mr. Rosengart told the court he would be submitting a termination plan so there could be an orderly transition. “My client wants, my client needs, my client deserves an orderly transition,” he said.A lawyer for Mr. Spears, Vivian Lee Thoreen, had sought to terminate the conservatorship right away instead of suspending Mr. Spears, while Mr. Rosengart had asked the judge to wait so he could further investigate Mr. Spears’s conduct.It is unclear whether Ms. Spears will appear at the termination hearing.The Nov. 12 hearing is also expected to resolve any formalities around Mr. Spears’s suspension. Ms. Thoreen had asked questions about the possibility of an appeal.The judge set a second hearing date for Dec. 8 to resolve outstanding financial matters, including over a million dollars in legal fees billed to the estate. More

  • in

    Britney Spears's Supporters Cheered the Conservatorship Ruling

    The crowd of Britney Spears supporters seemed to being holding its breath as one in the moments before the news broke that James P. Spears had been suspended as her conservator after 13 years.Robert Bordelon, 25, of Los Angeles was the first to tell the crowd the decision had been made, before instantly falling to his knees, sobbing.“They thought we were crazy,” he said through tears. “They thought she was crazy.”The crowd erupted, jumping and cheering. Many fans embraced, seeing it as vindication for the #FreeBritney movement.Arthur Avitia, 30, clutched his black fur stole as he took in the news.“I’m so relieved,” he said, breathless. “This is what Britney has wanted for 13 years, and it’s about damn time.”The news also interested activists who are seeking to advance the cause of ending conservatorship abuse, including Angelique Fawcette, 51, who helped organize today’s “unity rally.”“This is vindication on many levels for many people,” she said after being told the court’s ruling.“It means so much for the hundreds of thousands of people who are locked into conservatorships — both legal and illegal,” she said.As heart rates slowed and the tears stopped flowing, the crowd huddled in small groups, parsing what it means for the conservatorship going forward.Kevin Wu, 37, a data analyst from Los Angeles, has been a fixture at courthouse protests since 2019.“While Britney’s case has garnered attention all over the world, it’s not unique,” he said. “Nothing’s going to change without public awareness.”Mathew S. Rosengart, Ms. Spears’s lawyer, thanked her supporters on her behalf. “She’s so pleased and she’s so thankful to all of you,” he told them outside the courthouse. More

  • in

    Andrea Constand on Her Memoir and Cosby's Overturned Conviction

    The call came just before noon.Andrea Constand had returned to her downtown Toronto apartment after walking her dog Maddy in a nearby park, when the Montgomery County district attorney’s office rang. Stand by, she was told, a ruling on Bill Cosby’s appeal could be handed down soon by the Pennsylvania Supreme Court.By this day, June 30, Constand, the woman whose account of sexual assault had led to the conviction of the man once known as America’s Dad was finding ways to move past the trauma that the trial had brought to her daily life. She had sold her apartment, was moving to the countryside north of the city and preparing to publish a memoir, “The Moment,” to detail her singular experience with Cosby and the criminal justice system.Though more than 50 women had accused Cosby of sexual misconduct, including assault, prosecutors had — for a variety of reasons — only successfully brought criminal charges in her case. And now Cosby was in prison far away, serving a three- to 10-year sentence in Pennsylvania after having been found guilty of three counts of aggravated indecent assault.He had already lost an appeal. The dust once kicked up by the trial, by the verdict, by the media attention, by the focus on her case as a breakthrough “moment” for the #MeToo era, had largely settled.About an hour later, the phone rang again.“Andrea,” said Kate Delano, the district attorney’s director of communications, “the Supreme Court has vacated his conviction.”It is perhaps an understatement to say that for Constand, and many others, the decision came as a shock. Cosby would not only be freed: The court also ruled he could not be tried again. Constand said she found it deeply unsettling that Cosby, still a man of means and influence, was out of prison, unconstrained and able to contact her and others.“I had a lump in my throat,” Constand, 48, said in a rare in-depth interview last month near her new home north of Toronto. “I really felt they were setting a predator loose and that made me sick.”Bill Cosby with his lawyers outside his home in a Philadelphia suburb after being released from prison.Mark Makela/ReutersConstand’s reaction to the court decision and her long experience with the case are detailed in the memoir, which is to be released Tuesday.Within minutes of the second call, Constand drove off, heading with her 22-year-old niece to her sister’s home outside Toronto, a trip that had been planned before the afternoon became untethered by the ruling. From the car, she spoke by phone with the two former prosecutors who had helped lead the case against Cosby, Stewart Ryan and Kristen Gibbons Feden. They explained that Cosby would no longer be officially designated as a sexually violent predator, a status that requires lifetime public registration and community notification — something that had afforded Constand special comfort.Andrea Constand said she has no regrets about pursuing the case, despite the court’s decision. “Society paid attention,” she said. Angela Lewis for The New York TimesAt her sister’s house, she watched on television as Cosby got out of a car at his home near Philadelphia, the mansion where, she had testified, Cosby assaulted her after giving her a sedative in 2004. From her sister’s back porch, she worked over the phone with her two lawyers, Bebe H. Kivitz and Dolores M. Troiani, to put out a statement expressing their disappointment.Her phone was otherwise blowing up with calls from friends and other women who had accused Cosby of sexual assault. Kevin R. Steele, the district attorney who had overseen the prosecution, had called earlier to say the decision did not take away from what she had achieved.Still she worried, she said, that other women might find it too hard to come forward now. “It was not just me,” she said, “it was the message that it would send to the rest of the world and other survivors, to say, why should I fight for justice, when it ultimately gets stripped down. It won’t matter.”The first trial in her case had ended with a hung jury. Cosby’s defense team insisted his encounter with Constand had been consensual. For the second trial, prosecutors were allowed to introduce testimony from five additional women who, like Constand, said that Cosby had drugged and sexually assaulted them.When the jury in the second trial found him guilty in 2018, many thought that, were there to be any appellate ruling, it would likely focus on whether it had been prejudicial to allow the women from other incidents to testify — evidence that prosecutors said showed a pattern of abuse.The book is being released on Tuesday.Penguin Random HouseBut the Pennsylvania Supreme Court ruled on different grounds, finding that the district attorney had been bound by what a predecessor had called a promise he made never to charge Cosby in the case. The predecessor said he had made the promise to persuade Cosby to testify in a subsequent civil action, which Cosby settled by paying Constand $3.38 million. During his testimony in the civil case, Cosby acknowledged giving women quaaludes as part of an effort to have sex with them, a statement that the June ruling said had been unfairly introduced at the 2018 trial.Constand does not mince her words when it comes to the Pennsylvania Supreme Court. She blames it for undoing all the work she and others had done to bring Cosby to justice and for “putting him on the street.”“After a few deep breaths, I just felt this is not my problem,” she said. “Now it made me feel the shame is on the Supreme Court. It’s not on me anymore.”The Pennsylvania Supreme Court said in its decision that it was upholding an important safeguard: Cosby’s due process rights had been violated. Its ruling was meant to prevent dangerous prosecutorial overreach.Constand said that for days after the decision she fielded emails, texts and phone calls from people who were irate about the ruling. Many were from women who say they too were assaulted by Cosby and who had viewed the 2018 guilty verdict as justice for themselves. Some were now her friends. “They were devastated, they were so angry,” she said.The book, just weeks from its release date, had to be updated. A publisher’s note described the ruling and said Cosby’s conviction had been overturned “on a procedural issue.”Constand and supporters celebrated after Cosby was found guilty in April 2018.Pool photo by Mark MakelaThe statement Constand had devised with her lawyers was added as were about 400 words to describe her reaction to the court’s decision.“We cannot let moments of injustice quiet us,” she wrote. “We must speak up again and again and again — until we arrive at a moment of real change.”The case accounts for roughly two-thirds of the 240-page book. Constand takes readers inside her tussles with defense attorneys, who cast her as a disappointed lover in the first trial and a gold digger in the second. She describes the connections she felt with jurors, the long stays in hotel rooms, the stress and the sacrifices her family had to make.She got through it, she writes, with the help of her poodles, her spirituality and tattoos that give her strength. (The word “truth” is displayed across the top of her chest, a large phoenix on her back.)The book spends some time on her childhood in Canada, her years as a basketball player at the University of Arizona and playing professionally in Italy. It also delves into her relationships and coming out as gay.The memoir discusses other parts of Constand’s life, such as her success as a high school and college basketball player.Ron Bull/The Toronto Star, via Associated In the memoir, Constand describes herself as “wearied and weathered by what happened to me” and writes that Cosby had robbed a joyful young woman, the product of a nourishing family and happy childhood, of her smile. During an interview with The New York Times, she credited her faith for sustaining her and talked of starting a new chapter of her life.Constand started the book, helped by a co-writer, Meg Masters, more than a year before the court’s June decision, at the start of the pandemic lockdown, as a way to get closure.“The healer in me knew I had to dive back into everything again and really try to remember and it was really chilling for me at times,” she said. “Trauma is not wired for you to remember. It’s wired for you to forget.”During the writing, she got Covid-19 and was sick on her couch in Toronto for six weeks with “an elephant on my chest.” The experience, the encounter with her own mortality, propelled her to finish the book.“I thought it was important to write the story for other survivors who had stories, too,” she said. “I wanted to be a symbol of hope to them. That their stories matter. And their stories are important.”Despite the court’s decision, she said the years of hard work were by no means wasted. Cosby, now 84, served nearly three years in prison, she pointed out. Publicity from the case helped change attitudes. Women were encouraged to come forward. People believed them when they did. Several of the Cosby accusers helped with successful legislative efforts to extend or eliminate states’ statutes of limitations in sexual assault cases.“There were so many victories along the way,” she said. “Society paid attention.”In her memoir, Constand writes that Cosby had robbed a joyful young woman, the product of a nourishing family and happy childhood, of her smile. Angela Lewis for The New York TimesSince the court’s decision, Cosby has said he wants to re-emerge as a truly public personality, which Constand would have to contend with. He has taken to social media to proclaim the ruling a vindication of his innocence, an overstatement of the decision, which found he had not been given a fair trial, but did not exonerate him.But he still has 3.2 million Twitter followers, and the day after the decision he posted a clip of Constand talking about the night she said she was assaulted. It was paired with a statement that took issue with media reporting on his case.Constand said the posting showed a man emboldened by his new freedom who was trying to use it to damage her reputation.On the same day, she retweeted a post from her sexual abuse support foundation that said “Bill Cosby is not innocent.”But, otherwise, after a modest amount of publicity associated with her book, she said she intends to regain her privacy. She is not planning a book tour and said she wants to focus on her massage therapy business, which was hurt by the pandemic, and a nonprofit foundation she started, Hope Healing and Transformation. It provides resources for survivors of sexual assault, such as a library to help understand trauma, connections to lawyers and a platform for writing their stories. Some of the proceeds from her memoir are going to the foundation.She says it was her destiny to take on Cosby, in what was a “David and Goliath situation.”But would she do it again?Prosecutors are examining the possibility of appeal. If they won, the Pennsylvania Supreme Court’s decision to block a third trial could be overturned. And Constand said she might put herself through another trial if asked, but it would be a difficult decision and she would have to consult her family.“Yeah, I would do it all over again,” she said. “If it was to do the right thing. I would do anything, as long as it was for the right reason.”Whatever happens, she says, the fact that Cosby walked free should not change what the case achieved.“I hope it doesn’t deter anybody,” she said. “I hope people will still find their voices. I hope that they don’t look at his freedom as a reason not to come forward. Quite the contrary, I hope they feel if Andrea can do it, I can do it.” More

  • in

    Reasoning to Release Bill Cosby From Prison Disputed by Some Legal Analysts

    The court decision that reversed the sexual assault conviction of Bill Cosby has prompted an unusual level of legal debate about the appropriate parameters of appellate review.The Pennsylvania Supreme Court’s decision to overturn Bill Cosby’s conviction has opened an unusually vigorous debate among the legal community in that state, and beyond, with critics suggesting the justices had overstepped their bounds in reversing findings of fact embraced by the trial court.Since being freed from prison last month, Cosby, 84, has tried to portray the decision as a full exoneration.But the court did not find Cosby to be innocent of charges he had drugged and sexually assaulted Andrea Constand at his home outside Philadelphia in 2004.What it found was that prosecutors had violated Cosby’s due process rights by ignoring an oral promise a prior district attorney, Bruce L. Castor Jr., says he made to Cosby in 2005, assuring him that he would be immune from prosecution in the case.Castor said he had determined there was insufficient evidence to charge Cosby. Castor hoped, he said, that by promising immunity he would remove Cosby’s ability to cite his Fifth Amendment privilege against self-incrimination and induce him to testify in any civil suit Constand might file.Constand did file suit, and Cosby testified, acknowledging giving quaaludes to women he wanted to have sex with. At his criminal trial more than a decade later, prosecutors entered that statement into evidence.The Supreme Court ruled that Cosby had relied on Castor’s assurances when he provided the potentially incriminating evidence and that Castor’s successors, bound by his promise, should never have charged Cosby years later.But critics of the decision say that, unlike two lower courts, the justices ignored compelling reasons to question whether such a promise of immunity ever existed.“I think the court was in error and read the case incorrectly,” said Lynne M. Abraham, a former Philadelphia district attorney and judge. “The court’s decision was a terrible blow to victims and a blow to prosecutors’ ability to prosecute someone where the evidence tended to show he was a predator and when all sorts of things suggested there wasn’t a promise.”The Supreme Court decided to reverse Cosby’s sexual assault conviction because it found that Cosby had relied on a 2005 promise of immunity from Bruce L. Castor Jr., the district attorney at the time.Matt Rourke/Associated PressWhat is more, these critics say the court overstepped its traditional bounds as an appeals tribunal in reversing the findings of fact by the Montgomery County Court of Common Pleas, the trial court that had decided no binding promise existed. Appellate courts typically do not overturn findings of fact by the trial court if they are backed by the record. They serve to examine whether lower courts correctly interpreted the law and followed the procedures to ensure a fair trial. The facts, many legal analysts argue, are best determined by the trial court, which has heard witnesses and overseen evidence in person.“The most fundamental thing that struck me,” said Dennis McAndrews, a Pennsylvania lawyer and former prosecutor, “was they said the trial judge’s findings were supported by the record and they were bound by them and then they went off and made their own factual findings. It’s exceptional to see an appellate court go to such lengths to find their own facts.”Several veteran Pennsylvania-based lawyers said they could not remember a Supreme Court decision that had spurred so much second-guessing. Some law experts have taken to Twitter to publish critiques of the decision.Reaction to the ruling has been strong outside legal circles too, especially among the more than 50 other women who have accused Cosby of sexual abuse and who, because the statutes of limitations had run out, viewed the Constand case as perhaps their last shot at justice.In the midst of it all, the chief justice of the Pennsylvania Supreme Court, Max Baer, decided to discuss the ruling on television — a rarity for judges. He defended it and called Cosby’s prosecution a “reprehensible bait and switch” by the government.To be sure, there are lawyers who agree with him and who applaud the court’s 6-1 ruling, a notable consensus on a difficult matter. They believe it delivered a strong message about prosecutorial overreach — about district attorneys’ sticking by the promises they make, even if those promises were ill-advised. “They got it right on the due process violation because what Castor did was basically a promise,” said David Rudovsky, a defense attorney and senior fellow at University of Pennsylvania Law School.But the “promise” remains a matter of much dispute.Castor said that, although he believed Constand’s account, she had hurt her credibility as a complainant by waiting a year to report Cosby and by continuing to have contact with him after the alleged assault. He said he decided he could not secure a conviction, so he made the promise, he said, as a tactic to get Constand a measure of justice in the civil case.But the promise was never written down. The prosecutor who handled the Cosby investigation with Castor, his chief deputy, Risa Vetri Ferman, said he never told her about it. Castor pointed to a news release he had issued announcing the end of the criminal investigation as evidence that an immunity agreement existed. But the news release does not mention anything about immunity. It does mention the anticipated civil case.Daniel Filler, dean of Drexel University’s Kline School of Law, said one has to question whether the average person would have gotten the benefit of the doubt that Cosby did. “Because there is no documentation that this promise was made, only this public statement that does not track exactly with what Castor said,” he said.Castor said he briefed one of Cosby’s lawyers at the time about his plan to offer Cosby immunity. But the lawyer, Walter Phillips, was dead by the time the promise became an issue and Cosby was criminally charged in 2015. Another of Cosby’s lawyers from the original case, John Schmitt, testified that Phillips had told him about it.Castor said he also discussed the immunity arrangement at the time with Constand’s lawyers. The two lawyers, Dolores M. Troiani and Bebe H. Kivitz, denied that.Andrea Constand, left, and her lawyer Dolores Troiani. The lawyer has denied that Castor told her about the promise of immunity he says he made to Cosby.Matt Slocum/Associated PressGiven that there was no written immunity agreement, several lawyers said they found it odd that Cosby never drew attention to the promise he had secured before taking questions at his deposition in the civil case. Constand’s civil case ended in 2006 in a settlement under which she received $3.38 million. During the negotiations, court papers show that Cosby’s lawyers sought to include a provision barring her from cooperating with any future law enforcement investigation, though by Castor’s account, the lawyers had already secured immunity for their client.Critics of the Supreme Court’s decision point to what they say are the inconsistent explanations Castor gave about what he had agreed to. When the Montgomery County District Attorney’s office reopened the investigation into Cosby, Castor alerted the office that its prosecution might be hampered by a promise he had made. Castor was at the time campaigning to regain his former post as district attorney against an opponent who later made Castor’s decision not to prosecute Cosby in 2005 an issue in the race. Castor told the office in an email that his agreement with Cosby meant that the deposition testimony could not be used against the entertainer. But he said he had not given Cosby full immunity.“Naturally, if a prosecution could be made out without using what Cosby said, or anything derived from what Cosby said, I believed then and continue to believe that a prosecution is not precluded,” Castor wrote in the email.A few months later in court, he testified that, actually, the promise had extended full immunity to Cosby.The trial judge ultimately ruled in 2016 that Castor’s explanations of the agreement, and Schmitt’s corroborating testimony, were not credible.In an interview, Castor denied he had been inconsistent and said his meaning had always been that Cosby could never be prosecuted on the Constand charges. “The only way to guarantee, to unlock the Fifth Amendment protection was to guarantee he would not be prosecuted,” he said. He said that when he had said he was still open to prosecuting Cosby, he meant that prosecutors might be able to find evidence in the testimony about Cosby’s encounters with other women, not Constand.In its recent ruling, the Supreme Court agreed that Castor’s descriptions of the promise were “inconsistent and equivocal,” but it held that he had been the district attorney, a powerful position, and that Cosby had a right to rely on his assurances. It emphasized the fact that, although there had been no formal agreement, Cosby had agreed to sit for four days of deposition in the Constand civil suit, a decision the justices viewed as evidence that a promise must have existed. By their reasoning, Castor’s successors were breaking that promise, however informal, and undermining his due process rights by using his deposition against Cosby.“The law is clear that, based upon their unique role in the criminal justice system, prosecutors generally are bound by their assurances, particularly when defendants rely to their detriment upon those guarantees,” the court’s majority opinion said.In particular, the Supreme Court parsed the language of the 2005 news release in which Castor announced his decision not to prosecute Cosby. It read, in part: “The District Attorney does not intend to expound publicly on the details of his decision for fear that his opinions and analysis might be given undue weight by jurors in any contemplated civil action. District Attorney Castor cautions all parties to this matter that he will reconsider this decision should the need arise.”The trial court had read Castor’s statement as an acknowledgment that, rather than agreeing to never prosecute Cosby, Castor had retained the option of revisiting the case. That interpretation was in line with what Castor told the Philadelphia Inquirer about the news release in 2015. “I put in there that if any evidence surfaced that was admissible then I would revisit the issue,” he said.The Supreme Court, however, held that Castor was only holding open the possibility that he might again publicly discuss the case.Some legal analysts had thought Cosby stood a chance of overturning his conviction on different grounds. The trial court had allowed prosecutors to bring in five other women, who were not part of the case, to testify that they too had been drugged and assaulted by Cosby. Cosby’s lawyers had argued that a jury would have a difficult time looking past the testimony of the women in deciding what had happened with Constand.To the surprise of many lawyers watching the case, the Supreme Court said it did not need to address that issue because it was moot once the jurists had decided the prosecution should not have happened because of the promise.“The very premise that somehow this promise was made, it’s not in writing and this very rich, well-lawyered person relied upon it and it’s therefore enforceable, is crazy,” said Nancy Erika Smith, a civil rights lawyer in New Jersey. “The trial court saw Bruce Castor testify and found Bruce Castor not credible, usually that’s the end of the story.”The Supreme Court majority argued in its decision that it had not, in fact, gone beyond its role, and had not revisited facts already decided by the trial court. It pointed out that it had joined the trial court in finding that there had been no formal agreement. Two of the justices said Castor’s explanations for his actions were “odd and ever-shifting.”John F.X. Reilly, a former deputy district attorney in Pennsylvania’s Delaware County, said he was not persuaded.“The majority acknowledged but overlooked a fundamental principle of appellate review,” he said, “deference to a trial court’s factual findings that are supported by the record.”In reversing Cosby’s conviction, the Supreme Court ruled additionally that he could not be tried again on the Constand charges. Judge Baer, on television, said, unpopular or not, the decision was meant to prevent government overreach.“Nobody is sympathetic to Bill Cosby,” he said. “That’s to protect 13 million Pennsylvanians against that kind of conduct.”Prosecutors said they were examining the possibility of appeal. More

  • in

    Bill Cosby Freed as Court Overturns His Sex Assault Conviction

    The entertainer had been serving a three- to 10-year sentence in a prison outside Philadelphia.Bill Cosby was released from prison Wednesday after the Pennsylvania Supreme Court overturned his 2018 conviction for sexual assault, a dramatic reversal in one of the first high-profile criminal trials of the #MeToo era.The court’s decision seemed likely to end the Pennsylvania case, legal experts said, and while more than 50 women across the nation have accused Mr. Cosby of sexual assault and misconduct, statutes of limitations in their cases makes further prosecutions unlikely.Mr. Cosby had served three years of a three- to 10-year sentence at a maximum-security prison outside Philadelphia when the court ruled that a “non-prosecution agreement” with a previous prosecutor meant that Mr. Cosby should not have been charged in the case.Mr. Cosby, 83, returned to his home in suburban Philadelphia Wednesday afternoon where, looking frail and walking slowly, he was helped inside by his lawyer and a spokesman. He flashed a “V” sign as he reached his front door.The court’s decision overturned the first major criminal conviction of the #MeToo era, which came soon after allegations of sexual assault had been made against the powerful Hollywood producer Harvey Weinstein. The accusations and eventual conviction of Mr. Cosby stunned the nation, painting a disturbing portrait suggesting that a man who had brightened America’s living rooms as a beloved father figure had been a sexual predator.The case against Mr. Cosby began with his arrest in 2015 on charges that he had drugged and sexually assaulted a woman at his home in the Philadelphia suburbs 11 years earlier. In April 2018, the jury convicted Mr. Cosby of three counts of aggravated indecent assault against Andrea Constand, to whom Mr. Cosby had been a mentor and who was at the time a Temple University employee.Ms. Constand had praised the guilty verdict at the time, saying, “Truth prevails,” and the National Organization for Women called it “a notice to sexual predators everywhere.” But Mr. Cosby’s lawyers, who had said at the time that allegations against Mr. Weinstein would make it difficult for them to receive a fair trial, later suggested in an appeal that the outcome had been influenced by what they described as a period of “public panic.”Andrea Constand, who had said “Truth prevails” when Mr. Cosby was convicted of sexually assaulting her, returning to the courtroom in 2018.Pool photo by David MaialettiIn a statement issued with her lawyers, Ms. Constand said Wednesday that the court’s ruling was “not only disappointing but of concern in that it may discourage those who seek justice for sexual assault in the criminal justice system from reporting or participating in the prosecution of the assailant or may force a victim to choose between filing either a criminal or civil action.”In their 79-page opinion, the judges wrote that a previous prosecutor’s statement that Mr. Cosby would not face charges, which paved the way for Mr. Cosby to testify in a civil trial, meant that he should not have been charged in the case. It was a 6-to-1 ruling, with two of the judges in the majority dissenting on the remedy, which barred a retrial.Bill Cosby’s Conviction Is Overturned: Read the Court’s OpinionThe Pennsylvania Supreme Court, which overturned Mr. Cosby’s conviction, wrote that a “non-prosecution agreement” that had been struck with Bruce L. Castor Jr., the former district attorney, meant that Bill Cosby should not have been charged in the case for which he was convicted and sentenced in 2018. The court also barred a retrial. Read the full 79-page opinion.Read Document 79 pagesThe case began in 2005, when Mr. Cosby was investigated in the case of Ms. Constand, and a former district attorney of Montgomery County said that he had given Mr. Cosby his assurance that he would not be charged in the case. The former district attorney, Bruce L. Castor Jr., announced in a news release at the time that after an investigation he had found “insufficient” evidence. He later testified that he had given Mr. Cosby the assurance to encourage him to testify in a subsequent civil case brought by Ms. Constand. (A civil suit she filed against Mr. Cosby was settled in 2006 for $3.38 million.)In that testimony, Mr. Cosby acknowledged giving quaaludes to women he was pursuing for sex — evidence that played a key part in his trial after Mr. Castor’s successors reopened the case and charged Mr. Cosby in December 2015. That was just days before the 12-year statute of limitations expired in the case, and it came amid a number of new allegations from women who brought similar accusations of drugging and sexual assault against Mr. Cosby.“In light of these circumstances, the subsequent decision by successor D. A.s to prosecute Cosby violated Cosby’s due process rights,” the appeals ruling said.Mr. Cosby posted a picture of himself, with a fist raised above his head and his eyes closed, on Twitter, writing: “I have never changed my stance nor my story. I have always maintained my innocence.”Mr. Castor, who this year served as a lawyer for President Donald J. Trump during his second impeachment trial, said after the ruling was delivered on Wednesday that he believed his decision in 2005 had been “exonerated” by the ruling, calling the verdict a “shellacking” for the current district attorney’s office.“I was right back in 2005 and I’m right in 2021,” he said in a phone interview. “I’m proud of our Supreme Court for having the courage to make an unpopular decision.”Brian W. Perry, one of the lawyers representing Mr. Cosby, said he was “thrilled” with the ruling. “To be honest with you, we all believed, collectively, that this is how the case would end,” he said. “We did not think he was treated fairly and fortunately the Supreme Court agreed.”The Montgomery County District Attorney, Kevin R. Steele, said that he hoped the decision would not “dampen the reporting of sexual assaults by victims.”“He was found guilty by a jury and now goes free on a procedural issue that is irrelevant to the facts of the crime,” Mr. Steele said in a statement. “I want to commend Cosby’s victim Andrea Constand for her bravery in coming forward and remaining steadfast throughout this long ordeal, as well as all of the other women who have shared similar experiences.”Patricia Steuer, 65, who accused Mr. Cosby of drugging and assaulting her in 1978 and 1980, said that she had been preparing herself for the possibility that Mr. Cosby’s conviction would be overturned but that she was still “a little stunned” by the court’s ruling on Wednesday.“I’m wondering what the 43-year ordeal that I went through was supposed to be about,” said Ms. Steuer, who said she found out about the decision on Facebook. But she said she was “consoled by the fact that I believe we did the only thing that we could, which is to come forward and tell the truth.”Scott Berkowitz, the president of RAINN, the Rape, Abuse and Incest National Network, said: “We are deeply disappointed in today’s ruling by the Pennsylvania Supreme Court, and by the message this decision sends to the brave survivors who came forward to seek justice for what Bill Cosby did to them. This is not justice.”Others expressed support for Mr. Cosby. Phylicia Rashad, who appeared as Mr. Cosby’s wife in “The Cosby Show,” praised the decision on Twitter. “FINALLY!!!!” Ms. Rashad, who was recently named the dean of Howard University’s College of Fine Arts, wrote on Twitter. “A terrible wrong is being righted- a miscarriage of justice is corrected!” (She later wrote: “I fully support survivors of sexual assault coming forward. My post was in no way intended to be insensitive to their truth.”)The decision undoes a verdict that several women who said that they had been assaulted and raped by Mr. Cosby had praised at the time as a measure of justice that had been long in coming. In a victim impact statement filed with the court in 2018, Ms. Constand had said of Mr. Cosby: “We may never know the full extent of his double life as a sexual predator, but his decades-long reign of terror as a serial rapist is over.”And Janice Dickinson, a former model who had told the court that Mr. Cosby raped her in 1982 after giving her a pill — her account was one of five women the prosecution presented from women who said he had drugged and sexually assaulted them — said after the sentencing that “My heart is beating out of my chest at the moment.”“This is fair and just,” she said in 2018. “I am victorious.”The issue of whether the trial court had improperly allowed additional women to testify was not considered because the panel ruled that Mr. Cosby had relied to his detriment on Mr. Castor’s promise and then made statements in the civil case that were effectively used as evidence against him.In a dissent, Justice Thomas G. Saylor disagreed that a statement Mr. Castor made in a news release represented an unconditional promise that bound his successor not to prosecute. Justice Kevin Dougherty, in a separate opinion in which he was joined by Justice Max Baer, found that though Mr. Cosby’s due process rights had been violated when he relied on Mr. Castor’s promise and testified in the civil case, the remedy should not have been barring further prosecution but throwing out the evidence the prosecution gained from Mr. Cosby’s testimony.The reversal now leaves Cosby’s career and reputation in limbo. His conviction, after years of dodging accusations that he had preyed on women, had seemed to cap the downfall of one of the world’s best-known entertainers.Its overturning undid what many women had seen as an early success of the #MeToo movement, a ruling which had been praised at the time as a sign that the accounts of female accusers were being afforded greater weight and credibility.Sydney Ember, Matt Stevens and Jon Hurdle contributed reporting. More