Yesterday, we reported that Bill Cosby had been released from prison after his sexual assault conviction was overturned. Now, a legal expert is speaking out to reveal what he thinks is next for the 83 year-old comedian after he served more than two years of his three-to-ten year sentence behind bars.
Leading legal expert Andrew Stoltmann, who is not directly involved in Cosby’s case, told Fox News that he thinks there’s a good chance that Cosby will turn the tables on the legal system and file his own grievance after serving years in prison.
“First off, from a big-picture perspective, it’s kind of a black mark on the entire #MeToo movement because Cosby was basically the start of #MeToo so for his conviction to get overturned, it’s a pretty big deal,” Stoltmann said. “On a micro-level, I don’t think you can really read too much into it because this was a real unique fact pattern – and by that, I mean the prosecutors said Cosby wasn’t going to be indicted – publicly, he said that which is rare. So Cosby relied on that and then he testified in a deposition.”
“Now, ordinarily, if Cosby might be indicted, he could have pled the Fifth Amendment – the right not to self-incriminate himself but because the prosecutors said he’s not going to be indicted, Cosby spoke,” the lawyer explained. “Cosby let himself get deposed and he couldn’t claim the Fifth because the prosecutor said he wasn’t going to be indicted. So it’s a real narrow fact pattern. I don’t think Harvey Weinstein or the other #MeToo people sitting in jail can use this fact pattern, but it is a big deal.”
Stoltmann went on to talk about what he feels like Cosby will do next.
“I would put the odds at better than 50/50 that Cosby files a civil lawsuit for malicious prosecution and I would expect him to do that because look, prosecutors have a great deal of immunity in what they do unless they commit clear prosecutorial misconduct and a compelling case can be made that this is prosecutorial misconduct,” he said. “It’s a black eye on prosecutors and it’s a black eye on the criminal process system … Now, how much lasting impact it has? I don’t think a great deal. But today it’s a black eye.”
When asked what his first reaction was when he saw that the conviction had been overturned, Stoltmann said, “I was shocked because it’s not common for criminal convictions to be overturned. But there is an advantage to having a lot of money and having the best lawyers that money can buy and Cosby has taken advantage of that – and I don’t mean that in a bad way, but when you have money, you can afford a very vigorous legal defense. And that’s what Cosby did.”