BILL COSBY THE WORLD IS A WITNESS Dari Bates Bill Cosby The World is a Witness Copyright © 2017 by Dari Bates All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the copyright owner. [email protected] The following pages are based upon information and belief. Table of Contents PROLOGUE ..................................................................................................................................... IN THE COURT OF PUBLIC OPINION ........................................................................................ INTRODUCTION ............................................................................................................................ ANTI-RAPE MOVEMENT ............................................................................................................. BURDEN OF PROOF ...................................................................................................................... EVIDENCE....................................................................................................................................... LAWYERS AND LEGAL ANALYSTS .......................................................................................... THE TIMES ...................................................................................................................................... RACISM AND DISCRIMINATION ............................................................................................... FALSE ALLEGATIONS AND CONVICTIONS ............................................................................ PROSECUTORIAL MISCONDUCT............................................................................................... GOVERNMENT SURVEILLANCE ............................................................................................... PRESIDENT NIXON’S ENEMY LIST ........................................................................................... TERRORIST SCREENING DATABASE ....................................................................................... TRANSPARENCY ........................................................................................................................... BILL COSBY UNDER GOVERNMENT SURVEILLANCE ......................................................... LIFETIME ACTIVIST ..................................................................................................................... CALL OUTS ..................................................................................................................................... HONORING MARTIN LUTHER KING JR.................................................................................... CELEBRITY..................................................................................................................................... LADIES’ MAN ................................................................................................................................. CRIMINAL CHARGES ................................................................................................................... “UNCORROBORATED” TESTIMONY OF THE PLAINTIFF ..................................................... “UNSUBSTANTIATED” ALLEGATIONS OF THE DA’S THIRTEEN ACCUSERS ................. INSEPARABLE ............................................................................................................................... CONCLUSION ................................................................................................................................. SOURCES......................................................................................................................................... PROLOGUE Dr. Ernesto A. Moshe Montgomery Psychic Spy The story of an astounding man By Clifford L. Linedecker First Edition 1976 Second Edition 1995 “….. Dr. Ernesto A. Montgomery: psychic spy ….. Using psychic trances and “soul traveling”, he provided valuable information in World War II which [allowed] the Allied D-Day invasion of Normandy to take place as scheduled. …..” “In remembering World War II, history would quickly remind the world of the European conflict involving England, Germany, France, Japan, Russia and the United States and the bravery of the gallant soldiers who fought, bled and died. Prime Minister The Hon. Winston Churchill of England, Field Marshall Rommel of Germany, General George Patton of the United States, Field Marshall Sir Bernard Law Montgomery of England, Field Marshall Timoshenko of Russia, General Eisenhower of the United States and many others are some of the leaders whose battlefield skills will be remembered until the end of time. At the cessation of hostilities, Streets were named after them and monuments were created in their honour and General Eisenhower went on to become the President of the United States. Throughout the entire conflict there is one British Jamaican soldier whose activities on behalf of the war effort, were instrumental in the Allied victory over Nazi Germany, however because of the colour of his skin, he being a Black man, his name is not mentioned anywhere in British, Russian, French or the American World War II history books. ….. this amazing Black man is … Dr. Ernesto A. Moshe Montgomery who was a Psychic Spy for the Allied forces. He was recruited into British Intelligence in the early 1940 and spent his entire military career in Jamaica. As a skinny knobby-kneed teenager, he used trance, deep meditation, psychometry, soul traveling, projecting his etheric self out of his body to spy on the enemy, thereby shortening the war.” “… The greatest amphibious operation since Xerxes crossed the Hellespont on his bridge of boats in 481 BC.” (‘Overlord’ Normandy 1944 by W.G.F. Jackson) “On June 6, 1944, American and British troops staged the greatest amphibious landing in history to begin Operation Overlord, the battle to liberate Europe from the scourge of the Third Reich.” (Overlord D-Day and the Battle for Normandy by Max Hastings) “Operation Overlord was the largest amphibious military operation ever launched. The greatest armada the world had ever seen was assembled to transport the Allied invasion force of over 150,000 soldiers across the Channel and open the longawaited second front against Hitler’s Third Reich. Just after dawn on June 6, 1944, the Allied troops assaulted the Normandy beaches, against stiff German resistance. Coordinated with the amphibious landings were the airborne and glider landings, carrying out their crucial orders to take key areas, enable the vital link up between the beaches and secure the bridgehead. Casualties, especially on Omaha Beach, were horrendous, but the assaults were successful. …..” “ “… The greatest and most dramatic military operations ever undertaken … the DDay landings …” ”. (Overlord The D-Day Landings by Ken Ford and Steven J. Zaloga) IN THE COURT OF PUBLIC OPINION INTRODUCTION Trying cases in the court of public opinion refers to using the news media news to influence public support for one side or the other in a court case. This can result in persons outside the justice system (i.e. people other than the judge or jury) taking action for or against a party. … Wikipedia, the free encyclopedia Parties involved in a legal dispute are often subjected to increased public scrutiny — which can impact reputations and the bottom line. Portland’s Idil Oyman asked three top City lawyers to share their thoughts on how this affects their clients, and the advice they would offer. Philip Clifford — Partner, Latham & Watkins, LLP ….. Unfavourable publicity that damages a reputation or brand can be extremely difficult to reverse, even if the subject is ultimately cleared. Alex Gerbi — Partner, Quinn Emanuel Urquhart & Sullivan, LLP ….. Do you feel the media play a valuable role when reporting on a legal dispute? It is a cornerstone of a properly functioning justice system that it is transparent and accessible to the public, and the media plays a key role in that, provided that the reporting is handled responsibly and in line with the professional standards demanded of our press corps. ….. Portland Communications A TIMELINE November 15, 2014 Bill Cosby losing in court of public opinion By Renee Graham Cosby settled a lawsuit in 2006 filed by a woman who claimed the comedian drugged and raped her in 2004, and he has never been charged with any crime connected to the allegations. Yet from comedian … who straight up called him “a rapist,” to countless slings and arrows on Twitter, there’s a sense that Cosby won’t emerge from this mess unscathed. ….. While celebrities crash-and-burn with tedious frequency, the gnawing possibility that Cosby may have committed horrific acts against women is working our culture’s nerves in a different way. After all, this is the man who was all but anointed “America’s dad” during the giddy years of “The Cosby Show.” On Saturday mornings, he entertained a generation and shared life lessons on “Fat Albert and the Cosby Kids.” He was the comedian who proved you could keep it clean and still sell out arenas. From his pudding commercials with kids to his ability to achieve wide mainstream success without whitewashing his blackness, we not only liked Cosby; we trusted him. ….. Though the once revered, now increasingly reviled icon may never have to answer for these allegations inside a courtroom, it seems the court of public opinion has already decided its case against him. Boston Globe November 28, 2014 What’s Left for Bill Cosby to Lose? By Jordan Lebeau ….. Now? He’s 77, with a glut of salacious allegations. … In the unlikely event he goes to trial and loses, his platform will shrink to his cellblock. But even if he doesn’t, even if this new wave of allegations becomes background noise like the allegations that preceded them, the public will not forget. Companies will think twice about hitching a product or a campaign to Cosby. Prominent comedy venues and major television networks will do the same. These allegations, whether or not they make it to a courtroom, have likely placed a much lower ceiling on the future of Cosby’s career. Boston December 7, 2014 How Bill Cosby Took Down Bill Cosby By Robert Huber ….. A few days ago, he resigned from Temple University’s board, or was forced off. However it happened, you could see it coming, that the man who had raised millions for the school and had been its public face had to go, and then he was, suddenly … Gone. ….. It’s a sad thought, no matter what we may think of Bill Cosby. ….. But it is very difficult to imagine him having any public presence in Philadelphia ever again. ….. Philly Mag July 10, 2015 Former Cosby ‘mistress’ defends him: ‘He is a kind man’ By Diana Falzone, Fox News ….. Gloria Allred, who is representing several women who have accused the 77-year-old of sexual assault, said ….. “….. In the court of public opinion, the alleged victims have won and the defenders of Cosby are viewed as fighting a losing battle.” Page Six July 14, 2015 Whoopi Goldberg Reverses Bill Cosby Position: “Information Kinda Points To Guilt” ….. welcoming Abrams [ABC News chief legal analyst] to The View ….. Abrams noted ….. the remedy against Bill Cosby is the court of public opinion. It’s the pressure; it’s the pulling of his TV shows, it’s the ridicule.” ….. Yahoo August 2015 Cosby accuser Eden Tirl speaks out: ‘I didn't wait to come forward’ By Bianna Golodryga Yahoo News and Finance Anchor ….. Allred challenged Monique Pressley, Cosby’s newly hired attorney, to debate the claims against her client. “I’m happy to come on Yahoo, I’m happy to go on any other platform to debate her,” Allred said. “Let’s do this in the court of public opinion.” Yahoo December 30, 2015 Cosby's Accusers: A Timeline of Alleged Sexual Assault Claims (Updated) By Zach Seemayer Bill Cosby appeared in court on Dec. 30 in Elkins Park, Pennsylvania, where he was formally arraigned on one charge of aggravated indecent assault. ….. This is the first criminal charge against Cosby….. He has denied all wrongdoing. ET Online December 30, 2015 Bill Cosby charged with 2004 drugging, sex assault of woman By MARYCLAIRE DALE (AP) ….. “Cosby also faces a raft of defamation and sexual-abuse lawsuits filed in Massachusetts, Los Angeles and Pennsylvania.” “Cosby or his representatives denied any wrongdoing, accusing some of them of trying to extract money from him or get ahead in show business. ….. He denied giving women drugs without their knowledge.” Big Story September 6, 2016 Bill Cosby’s Latest Defense: He's a Victim of ‘Racial Bias’ By Hannah Rappleye and Tracy Connor ….. With the 79-year-old comedian listening, his attorneys complained that a “barrage” of new accusers have gone public while his supporters have been silenced. ….. “The time has come to shine a spotlight on the trampling of Mr. Cosby’s civil rights,” they wrote. ….. In a motion filed Tuesday, Pennsylvania prosecutors asked the judge to let 13 women beyond Constand testify to show a pattern of behavior. “An individual who, over the course of decades, intentionally intoxicates women in signature fashion with the intention of sexually assaulting them cannot also be mistaken about whether or not these women are consenting to the sexual abuse,” prosecutors wrote in their motion. ….. NBC News September 6, 2016 Bill Cosby’s sex assault trial is set for June — and may include testimony from 13 women By Manuel Roig-Franzia ….. At Tuesday’s hearing, Judge Steven O’Neill of the Montgomery County Court of Common Pleas set a June 5 trial date for the 79-year-old entertainer. Cosby’s attorney Brian McMonagle declared that he will seek to have the trial moved out of Montgomery County, which is in suburban Philadelphia, because the allegations became an issue in last year’s district attorney election. Cosby is being tried by District Attorney Kevin Steele, who defeated Bruce Castor, the former Montgomery County district attorney who refused to file criminal charges against the comedian a decade ago. The 13 women Steele hopes to call to testify about Cosby’s alleged “prior bad acts” ….. They include several then-aspiring actresses and models, as well as waitresses, a flight attendant, a masseuse and a doughnut-shop clerk. One woman worked at the Playboy Club in New York. The women say Cosby drugged them through a variety of means — one says he gave her quaaludes, others say he assaulted them after giving them drinks or pills. In one instance, an accuser says Cosby offered her a “miracle cure for headaches.” The accusations, which are detailed in a lengthy document filed Tuesday by prosecutors, portray Cosby as a man who used his fame and promises of mentorship to put women at ease before he allegedly assaulted them. ….. Washington Post December 31, 2015 No plea bargain for ‘not guilt’ Bill Cosby, lawyer says ….. Lawyer Monique Pressley, speaking on NBC’s “Today Show,” also accused the district attorne’s office in Montgomery County, Pennsylvania, of playing “political football” with Cosby by making the case a focal point in a recent election. ….. Reuters September 9, 2016 Bill Cosby’s Lawyers Just Pulled The Race Card He Never Seemed To Believe In Updated Sep 12, 2016 By Zeba Blay, Voices Culture Writer, The Huffington Post ….. After the hearing, Cosby’s legal team spoke out about apparent “racial bias and prejudice” against their client outside of the courthouse. “Mr. Cosby is no stranger to discrimination and racial hatred, and throughout his career Mr. Cosby has always used his voice and his celebrity to highlight the commonalities and has portrayed the differences that are not negative, no matter the race, gender and religion of a person,” lawyer Brian McMonagle said in a statement to reporters. McMonagle said that Cosby’s civil rights have been trampled on, and specifically targeted highprofile lawyer Gloria Allred, who represents nearly half the women who will potentially testify against Cosby. “[Allred] calls herself a civil rights attorney, but her campaign against Mr. Cosby builds on racial bias and prejudice that can pollute the court of public opinion,” McMonagle said. ….. Though some black celebrities who support Cosby like Eddie Griffin have dismissed the rape allegations against him as a racist conspiracy to tarnish his legacy, this is the first time that Cosby’s legal team have explicitly brought race into the discussion regarding the accusations against him. ….. Of those 13 women, 12 are white, may have been a factor in a new racial argument from Cosby’s defense. ….. In the court of public opinion, Cosby is pretty much guilty in the eyes of many of those who’ve followed this story. ….. Huffington Post ETC. ANTI-RAPE MOVEMENT ….. During the 1970s, the first rape crisis center was established. The treatment of victims in the criminal justice system was questioned, and hundreds of laws were passed to protect rape victims in the courts. ….. Although rape has occurred throughout history, the birth of the anti-rape movement in the US occurred only in the early 1970s. In 1972, the first rape crisis centers were established in San Francisco, CA (Bay Area Women Against Rape) and Washington, D.C. ….. They recognized that rape was an all-too-common part of women’s lives and that it had a devastating impact on health and freedom. The goals of centers were to educate society about rape and rape-prevention and to improve the treatment of victims. Dean G. Kilpatrick, Ph.D. Medical University of South Carolina National Violence Against Women Prevention Research Center Beginning in the late 1960s, violence against women became a salient topic of interest within the second-wave feminist movement. Through the anti-rape movement, an offshoot of the women’s movement, the public was made aware of sexual violence as an important social problem deserving of attention. …… The year 1972 marks an important milestone ….. BAWAR started by first putting together packets of information concerning important safety information, such as suggestions to follow when hitchhiking, samples of the paper materials that they use (i.e., memos to hospitals or police departments requesting change, requests for donations), and medical pamphlets for survivors of rape. ….. Also in 1972, the Washington D.C. Rape Crisis Center formed and began running the first telephone crisis line for victims of sexual violence to call, which has served as an example for future rape crisis centers. … This center was the first rape crisis center within the United States. … In 1972, the Center received approximately 20 calls a day, and aside from the crisis line, the women operating this center offered an array of services, including offering legal and medial advice, emotional support, accompaniment to the hospital or law enforcement agencies, and shelter to those who called their office. ….. The national movement provided local movement organizations with support. The first national coalition among these centers did not form until 1974, with the creation of the Feminist Alliance Against Rape (FAAR) in Washington, D.C. ….. In the early stages of the anti-rape movement, the movement’s foci included “… law enforcement behavior and legal changes, hospital practices and counseling, self-defense and community education.” … The National Organization for Women (NOW) started working on legislative reform at the national level during the mid-1970s. This organization was the first to initiate legislative reform, helping to lead all 50 states to change their laws in various ways within the decade. These reformed laws served to encourage those who have been raped to report these crimes and improved methods for prosecuting perpetrators of this violence. … Specifically, by 1980 most states in the US had changed their laws ….. Wikipedia, the free encyclopedia SEXUAL ASSAULT AND RAPE ….. Several authors have observed (e.g. Bourque, 1989; Estrich, 1987; Koss, 1993) that many people still believe that rape occurs only when a stranger attacks an adult woman using overwhelming force. Using this definition, boys or men cannot be raped; girls and adolescents cannot be raped; no one can be raped by someone they know; and forced oral or anal sex does not constitute rape. Thus, attempts to discuss the topic are often frustrating because many people define rape differently. Before the 1960s, the legal definition of rape was generally a common law definition used throughout the United States that defined rape as “A carnal knowledge of a women not one’s wife by force or against her will.” In 1962, the United States Model Penal Code (MPC) was established and updated the definition of rape. The MPC defined rape as “A man who has sexual intercourse with a female not his wife is guilty of rape if . . . he compels her to submit by force or threat of force or threat of imminent death, serious bodily injury, extreme pain, or Kidnapping” (Epstein & Langenbahn, 1994, p. 7). ….. In the 1970s and 1980s, extensive rape reform legislation was enacted throughout the country. And the legal definition of rape dramatically changed. Michigan’s 1975 Criminal Sexual Conduct Statute, became the national model for an expanded definition of rape. Today, Illinois Criminal Sexual Assault Statute is considered the national model (Epstein & Langenbahn, 1994, p. 8). Both statutes broadly define rape to include: Gender neutrality, broadening earlier definitions of rape to include men. Acts of sexual penetration other than vaginal penetration by a penis. Distinguishing sexual abuse by the degree of force or threat of force used. That is similar to the “aggravated vs. simple” distinction applied to physical assaults. Threats, as well as overt force, are recognized as means of overpowering victims. Taking advantage of an incapacitated victim. This includes mental illness, victims under the influence of drugs and alcohol. Some states require that perpetrators give victims intoxicants to obtain sexual access.) The Federal Definition of Rape ….. Although criminal statutes regarding rape differ somewhat state-to-state, the Federal Code is national. ….. The 1986 federal statute defines two types sexual assault: Sexual abuse Aggravated sexual abuse ….. Dean G. Kilpatrick, Ph.D. Medical University of South Carolina National Violence Against Women Prevention Research Center Summary: S.1236 — 99th Congress (1985-1986) ….. Sexual Abuse Act of 1986 - Amends the Federal criminal code to provide for a series of graded sexual offenses consisting of: (1) aggravated sexual abuse; (2) sexual abuse; (3) sexual abuse of a minor or ward; and (4) abusive sexual conduct. Defines aggravated sexual abuse as knowingly causing another person to engage in sexual conduct by: (1) using force against that person; or (2) threatening or placing that person in fear of death, serious bodily injury, or kidnapping. Provides additional penalties when that person is a child (under 12 years of age). Defines sexual abuse as: (1) knowingly causing another person to engage in sexual conduct by threatening or placing that person in fear that another person will be subjected to death, serious bodily harm, or kidnapping; or (2) engaging in sexual conduct with another person who is incapable of appreciating the nature of the conduct or of declining participation. Defines the sexual abuse of a minor as knowingly engaging in a sexual act with another person who is: (1) between the ages of 12 and 16; and (2) at least four years younger. Defines the sexual abuse of a ward as knowingly engaging in a sexual act with another person who is: (1) in official detention; and (2) under the custodial, supervisory, or disciplinary authority of the person so engaging. Establishes defenses for the sexual abuse of a minor or ward by establishing that: (1) the defendant believed the other person had attained the age of 16; or (2) the persons engaged in the sexual act were married to each other at that time. Defines abusive sexual conduct for the purposes of this Act. Repeals the chapter on rape. …... S.1236 - Criminal Law and Procedure Technical Amendments Act of 1986 99th Congress (1985-1986) Rape addendum Uniform Crime Reporting Program Changes Definition of Rape For the first time in the more than 80-year history of the Uniform Crime Reporting (UCR) Program, the FBI has changed the definition of a Part 1 offense. In December 2011, then FBI Director Robert S. Mueller, III, approved revisions to the UCR Program’s definition of rape as recommended by the FBI’s Criminal Justice Information Services (CJIS) Division Advisory Policy Board (APB), which is made up of representatives from all facets of law enforcement. Beginning in 2013, rape is defined for Summary UCR purposes as, “Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” The new definition updated the 80-year-old historical definition of rape which was “carnal knowledge of a female forcibly and against her will.” Effectively, the revised definition expands rape to include both male and female victims and offenders, and reflects the various forms of sexual penetration understood to be rape, especially nonconsenting acts of sodomy, and sexual assaults with objects. “This new, more inclusive definition will provide us with a more accurate understanding of the scope and volume of these crimes,” said Attorney General Eric Holder. Proponents of the new definition and of the omission of the term “forcible” say that the changes broaden the scope of the previously narrow definitions by capturing (1) data without regard to gender, (2) the penetration of any bodily orifice, penetration by any object or body part, and (3) offenses in which physical force is not involved. Now, for example, instances in which offenders use drugs or alcohol or incidents in which offenders sodomize victims of the same gender will be counted as rape for statistical purposes. UCR.FBI STATUTORY RAPE Sexual intercourse by an adult with a person below a statutorily designated age. ….. Most legislatures include statutory rape provisions in statutes that punish a number of different types of sexual assault. Statutory rape is different from other types of rape in that force and lack of consent are not necessary for conviction. A defendant may be convicted of statutory rape even if the complainant explicitly consented to the sexual contact and no force was used by the actor. By contrast, other rape generally occurs when a person overcomes another person by force and without the person's consent. ….. Legal-dictionary.thefreedictionary (Nolo) Article Can I be convicted of statutory rape if my partner told me she was an adult, and looked it? By Deborah C. England ….. Until 1964, the rule throughout the U.S. was that a statutory rape defendant’s mistaken belief that the underage sex partner was over the age of consent was no defense to the charge. The view was that a “state of mind” defense (such as a mistaken belief about a fact) is unavailable to a defendant charged with a strict liability crime such as statutory rape. But, California led the way to a change in that view. ….. The California Supreme Court ruled in a 1964 case that a statutory rape defendant’s reasonable, good-faith belief that the victim was over the age of consent and had consented to sex was a defense to the charge of statutory rape. (People v. Hernandez, 393 P.2d 673 (1964).) The Model Penal Code, a recommended set of criminal laws developed by legal scholars, now includes a “mistake of age” defense to statutory rape. ….. A statutory rape defendant may contend that the victim and/or other people with whom the victim was acquainted told him that the victim was over the age of consent. In some states, this evidence may be offered in support of a mistake of age defense. ….. Criminal Defense Lawyer CHILDHOOD SEXUAL ABUSE CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 335-349.4 340.1. (a) In an action for recovery of damages suffered as a result of childhood sexual abuse, the time for commencement of the action shall be within eight years of the date the plaintiff attains the age of majority or within three years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual abuse, whichever period expires later, for any of the following actions: ….. (e) “Childhood sexual abuse” as used in this section includes any act committed against the plaintiff that occurred when the plaintiff was under the age of 18 years and that would have been proscribed by Section 266j of the Penal Code; Section 285 of the Penal Code; paragraph (1) or (2) of subdivision (b), or of subdivision (c), of Section 286 of the Penal Code; subdivision (a) or (b) of Section 288 of the Penal Code; paragraph (1) or (2) of subdivision (b), or of subdivision (c), of Section 288a of the Penal Code; subdivision (h), (i), or (j) of Section 289 of the Penal Code; Section 647.6 of the Penal Code; or any prior laws of this state of similar effect at the time the act was committed. Nothing in this subdivision limits the availability of causes of action permitted under subdivision (a), including causes of action against persons or entities other than the alleged perpetrator of the abuse. …. (g) Every plaintiff 26 years of age or older at the time the action is filed shall file certificates of merit as specified in subdivision (h). (h) Certificates of merit shall be executed by the attorney for the plaintiff and by a licensed mental health practitioner selected by the plaintiff declaring, respectively, as follows, setting forth the facts which support the declaration: (1) That the attorney has reviewed the facts of the case, that the attorney has consulted with at least one mental health practitioner who is licensed to practice and practices in this state and who the attorney reasonably believes is knowledgeable of the relevant facts and issues involved in the particular action, and that the attorney has concluded on the basis of that review and consultation that there is reasonable and meritorious cause for the filing of the action. The person consulted may not be a party to the litigation. (2) That the mental health practitioner consulted is licensed to practice and practices in this state and is not a party to the action, that the practitioner is not treating and has not treated the plaintiff, and that the practitioner has interviewed the plaintiff and is knowledgeable of the relevant facts and issues involved in the particular action, and has concluded, on the basis of his or her knowledge of the facts and issues, that in his or her professional opinion there is a reasonable basis to believe that the plaintiff had been subject to childhood sexual abuse. (3) That the attorney was unable to obtain the consultation required by paragraph (1) because a statute of limitations would impair the action and that the certificates required by paragraphs (1) and (2) could not be obtained before the impairment of the action. If a certificate is executed pursuant to this paragraph, the certificates required by paragraphs (1) and (2) shall be filed within 60 days after filing the complaint. ….. (j) In any action subject to subdivision (g), no defendant may be served, and the duty to serve a defendant with process does not attach, until the court has reviewed the certificates of merit filed pursuant to subdivision (h) with respect to that defendant, and has found, in camera, based solely on those certificates of merit, that there is reasonable and meritorious cause for the filing of the action against that defendant. At that time, the duty to serve that defendant with process shall attach. (k) A violation of this section may constitute unprofessional conduct and may be the grounds for discipline against the attorney. (l) The failure to file certificates in accordance with this section shall be grounds for a demurrer pursuant to Section 430.10 or a motion to strike pursuant to Section 435. (m) In any action subject to subdivision (g), no defendant may be named except by “Doe” designation in any pleadings or papers filed in the action until there has been a showing of corroborative fact as to the charging allegations against that defendant. (n) At any time after the action is filed, the plaintiff may apply to the court for permission to amend the complaint to substitute the name of the defendant or defendants for the fictitious designation, as follows: ….. (r) The amendments to this section enacted at the 1990 portion of the 1989-90 Regular Session shall apply to any action commenced on or after January 1, 1991, including any action otherwise barred by the period of limitations in effect prior to January 1, 1991, thereby reviving those causes of action which had lapsed or technically expired under the law existing prior to January 1, 1991. (s) The Legislature declares that it is the intent of the Legislature, in enacting the amendments to this section enacted at the 1994 portion of the 1993-94 Regular Session, that the express language of revival added to this section by those amendments shall apply to any action commenced on or after January 1, 1991. (t) Nothing in the amendments to this section enacted at the 1998 portion of the 1997-98 Regular Session is intended to create a new theory of liability. (u) The amendments to subdivision (a) of this section, enacted atthe 1998 portion of the 199798 Regular Session, shall apply to any action commenced on or after January 1, 1999, and to any action filed prior to January 1, 1999, and still pending on that date, including any action or causes of action which would have been barred by the laws in effect prior to January 1, 1999. Nothing in this subdivision is intended to revive actions or causes of action as to which there has been a final adjudication prior to January 1, 1999. ETC. BURDEN OF PROOF The burden of proof (Latin: onus probandi) is the duty of a party in a trial to produce the evidence that will shift the conclusion away from the default position to that party's own position. The burden of proof is often associated with the Latin maxim semper necessitas probandi incumbit ei qui agit, a translation of which in this context is: “the necessity of proof always lies with the person who lays charges.” … The party that does not carry the burden of proof carries the benefit of assumption, an example of which in a criminal case context would be the presumption of innocence. This party needs no evidence to support its claim. Fulfilling the burden of proof effectively captures the benefit of assumption, passing the burden of proof off to another party. ….. Beyond reasonable doubt ….. This is the highest standard used as the burden of proof in Anglo-American jurisprudence and typically only applies in criminal proceedings and when considering aggravating circumstances in criminal proceedings. It has been described, in negative terms, as a proof having been met if there is no plausible reason to believe otherwise. If there is a real doubt, based upon reason and common sense after careful and impartial consideration of all the evidence, or lack of evidence, in a case, then the level of proof has not been met. Proof beyond a reasonable doubt, therefore, is proof of such a convincing character that one would be willing to rely and act upon it without hesitation in the most important of one's own affairs. However, it does not mean an absolute certainty. The standard that must be met by the prosecution's evidence in a criminal prosecution is that no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent unless and until proven guilty. If the trier of fact has no doubt as to the defendant’s guilt, or if their only doubts are unreasonable doubts, then the prosecutor has proved the defendant's guilt beyond a reasonable doubt and the defendant should be pronounced guilty. The term connotes that evidence establishes a particular point to a moral certainty which precludes the existence of any reasonable alternatives. It does not mean that no doubt exists as to the accused’s guilt, but only that no reasonable doubt is possible from the evidence presented. … Further to this notion of moral certainty, where the trier of fact relies on proof that is solely circumstantial, i.e., when conviction is based entirely on circumstantial evidence, certain jurisdictions specifically require the prosecution’s burden of proof to be such that the facts proved must exclude to a moral certainty every reasonable hypothesis or inference other than guilt. The main reason that this high level of proof is demanded in criminal trials is that such proceedings can result in the deprivation of a defendant’s liberty or even in his or her death. These outcomes are far more severe than in civil trials, in which monetary damages are the common remedy. ….. Wikipedia, the free encyclopedia STATUTE OF LIMITATIONS Statutes of limitations are laws passed by legislative bodies in common law systems to set the maximum time after an event within which legal proceedings may be initiated. … When the period of time specified in a statute of limitations passes, a claim might no longer be filed, or, if filed, may be liable to be struck out if the defence to that claim is, or includes, that it is statute barred as having been filed after the limitations period. The intention of these laws is to facilitate resolution within a “reasonable” length of time. … Wikipedia, the free encyclopedia Criminal Statutes of Limitations By Paul Bergman J.D. ….. The statute of limitations defines a time limit within which the prosecution must file criminal charges before they are barred from doing so. ….. Criminal Defense Lawyer These statutes, which apply to both civil and criminal actions, are designed to prevent fraudulent and stale claims from arising after all evidence has been lost or after the facts have become obscure through the passage of time or the defective memory, death, or disappearance of witnesses. The statute of limitations is a defense that is ordinarily asserted by the defendant to defeat an action brought against him after the appropriate time has elapsed. ….. Legal-dictionary/The Free Dictionary ….. The purpose and effect of statutes of limitations are to protect defendants. There are three reasons for their existence: A plaintiff with a valid cause of action should pursue it with reasonable diligence. A defendant might have lost evidence to disprove a stale claim. A long-dormant claim has more cruelty than justice (Halsbury’s Laws of England, 4th edition). ….. Wikipedia, the free encyclopedia ….. The general purpose of statutes of limitation is to make sure convictions occur only upon evidence (physical or eyewitness) that has not deteriorated with time. ….. FindLaw Laws on sexual consent still evolving By Danny Cevallos, CNN Legal Analyst Updated Wed July 8, 2015 …. In criminal law, because the definition of rape is left to individual state legislatures, legal definitions vary from jurisdiction to jurisdiction. ….. ….. The challenge of prosecuting rape with intoxication is compounded by the same obstacles present in prosecuting rape cases without intoxication: By the time they are reported, physical evidence of sexual contact often dissipates. … evidence of the intoxicant is also metabolized and long gone. Therefore, even in the most serious cases -- such as the Cosby allegations, where someone claims to have been involuntarily drugged -- a prosecutor may be armed with no more than “he said, she said” testimony at trial. And, while a prosecutor typically does not need to introduce actual scientific evidence of a specific intoxicant, securing a conviction on the testimony of intoxicated victims or equally intoxicated witnesses alone is a daunting task. ….. CNN STATE OF MIND How Defendants’ Mental States Affect Their Responsibility for a Crime Criminal intent—also called “mens rea”—is an element of some, but not all, crimes. ….. What makes a crime a crime? In most cases, an act is a crime because the person committing it intended to do something that the state legislature or Congress has determined is wrong, also known as criminal intent. ….. The “mens rea” concept is based on a belief that people should be punished only when they have acted in a way that makes them morally blameworthy. In the legal system’s eyes, people who intentionally engage in the behavior prohibited by a law are morally blameworthy. … People who unintentionally engage in illegal conduct may be morally innocent; this is known as making a “mistake of fact.” Someone who breaks the law because he or she honestly misperceives reality lacks mens rea and should not be charged with or convicted of a crime.…. While a “mistake of fact” can negate mens rea, a “mistake of law” usually cannot. Even when people don't realize what they are doing is illegal, if they intentionally commit the act, they are almost always guilty. For example, if Jo sells cocaine believing that it is sugar, Jo has made a mistake of fact and lacks mens rea. However, if Jo sells cocaine in the honest but mistaken belief that it is legal to do so, Jo will have mens rea since she intentionally committed the act. ….. Nolo, the legal encyclopedia: CONTRIBUTORY NEGLIGENCE What is CONTRIBUTORY NEGLIGENCE? The definition of Contributory Negligence is: Legal rule that an angry or injured complainant might have added to his own injury because of being negligent of known or obvious conditions. The Law Dictionary Featuring Black's Law Dictionary Free Online Legal Dictionary 2nd Ed. Rape Victim’s Contributory Negligence By Charice Long on September 27, 2014 The line is being drawn on assertions that rape victims are somewhat responsible for their attacks yet contributory negligence is a viable defense. Braving trial, rape victims face their attackers. This happens after rape kits are collected, police probe for supporting details, and lawyers rehash witness accounts and analyze character for facts. Seeking a rape conviction does not come easy for the victim as their personality, habits, and life choices go under the microscope. Contributory negligence reduces accountability on the defendant for such reasons as the injured plaintiff failing to act prudently. This has no relation to the “cry wolf” expression. Using contributory negligence as a defense, the defendant admits his/her involvement in a crime committed against the plaintiff. However, blame is shifted from one party to both. Guardian Liberty Voice ETC. EVIDENCE Evidence, broadly construed, is anything presented in support of an assertion. ... This support may be strong or weak. The strongest type of evidence is that which provides direct proof of the truth of an assertion. At the other extreme is evidence that is merely consistent with an assertion but does not rule out other, contradictory assertions, as in circumstantial evidence. In law, rules of evidence govern the types of evidence that are admissible in a legal proceeding. Types of legal evidence include testimony, documentary evidence, and physical evidence. The parts of a legal case which are not in controversy are known, in general, as the “facts of the case.” Beyond any facts that are undisputed, a judge or jury is usually tasked with being a trier of fact for the other issues of a case. Evidence and rules are used to decide questions of fact that are disputed, some of which may be determined by the legal burden of proof relevant to the case. Evidence in certain cases (e.g. capital crimes) must be more compelling than in other situations (e.g. minor civil disputes), which drastically affects the quality and quantity of evidence necessary to decide a case. Scientific evidence consists of observations and experimental results that serve to support, refute, or modify a scientific hypothesis or theory, when collected and interpreted in accordance with the scientific method. Wikipedia, the free encyclopedia FIFTY-PLUS ACCUSERS Who are Cosby’s accusers? Updated May 25, 2016 More than 50 women have accused Bill Cosby of sexual misconduct. One case has resulted in criminal charges. CNN A look at the long list of Bill Cosby accusers By Alison Spann Published May 15, 2015 Comedian Bill Cosby has been plagued by allegations of sexual abuse for over a decade, but more recently has found himself at the center of media storm as over 30 women have come forth with accusations against him. The claims against the 77-year old star range from belittling women to drugging and raping them, with some of the claims dating back into the 1960s. We have attempted here to list every claim so far involving Cosby, beginning with the most recent women to come forward. ….. 1. Teresa Serignese Date of the alleged assault: 1976 ….. 2. Helen Gumpel Date the alleged assault took place: late 1980s ….. 8. Lise-Lotte Lublin and Linda Brown Date the alleged assaults took place: 1969 (Brown), 1989 (Lotte-Lublin) ….. 18. Patricia Date alleged assault took place: 1978 and 1980 ….. 28. Margie Shapiro Date alleged assault took place: 1975 ….. 30. Sunni Welles Date alleged assault took place: Mid 1960s ….. FoxNews Bill Cosby's Accusers: A Timeline of Alleged Sexual Assault Claims (Updated) By Zach Seemayer December 30, 2015 Bill Cosby appeared in court on Dec. 30 in Elkins Park, Pennsylvania, where he was formally arraigned on one charge of aggravated indecent assault. ….. This is the first criminal charge against Cosby, after more than 50 women have accused him of drugging and/or sexually assaulting them. He has denied all wrongdoing. A firestorm of controversy surrounds comedian Bill Cosby after multiple allegations have surfaced claiming that he sexually assaulted numerous women, with alleged incidents dating as far back as 1969. ….. To bring clarity to a complex series of troubling accounts, this timeline is arranged in chronological order based on the years of the alleged incidents. 1. Kristina Ruehli Year of Alleged Incident: 1965 ….. 2. Carla Ferrigno Year of Alleged Incident: 1967 ….. 3. Joan Tarshis Year of Alleged Incident: 1969 ….. 4. Cindra Ladd Year of Alleged Incident: 1969 ….. 5. Victoria Valentino Year of Alleged Incident: 1970 ….. 6. Autumn Burns Year of Alleged Incident: 1970 ….. 7. Louisa Mortiz Year Of Alleged Incident: 1971 ….. 8. Donna Motsinger Year of Alleged Incident: 1971 ….. 9. Katherine McKee Year of Alleged Incident: Early 1970s ….. 10. Helen Hayes Year Of Alleged Incident: 1973 ….. 11. Charlotte Fox Year of Alleged Incident: Mid-1970s ….. 12. Judy Huth Year Of Alleged Incident: 1974 ….. 13. Tamara Green Year of Alleged Incident: 1975 ….. 14. Marcella Tate Year of Alleged Incident: 1975 ….. 16. Shawn Brown Year of Alleged Incident: Mid-1970s ….. 17. "Elizabeth" Year of Alleged Incident: 1976 ….. 18. Joyce Emmons Year of Alleged Incident: Late 1970s ….. 19. P.J. Masten Year of Alleged Incident: 1979 ….. 20. Linda Kirkpatrick Year of Alleged Incident: Early 1980s ….. 21. Lynn Neal Year of Alleged Incident: Early 1980s ….. 22. Janice Baker-Kinney Year of Alleged Incident: Early 1980s ….. 23. Janice Dickinson Year of Alleged Incident: 1982 ….. 24. Renita Chaney Hill Years of Alleged Incident: 1982-1986 ….. 25. Beth Ferrier Years of Alleged Incident: Early to mid-1980s ….. 26. Heidi Thomas Year of Alleged Incident: 1984 ….. 27. Beverly Johnson Year of Alleged Incident: Mid-1980s ….. 28. Sammie Mays Year of Alleged Incident: Mid-'80s ….. 29. Barbara Bowman Year of Alleged Incident: 1986 ….. 30. Lisa Jones Year Of Alleged Incident: 1986 ….. 31. Chelan Year Of Alleged Incident: 1986 ….. 32. Jena T. Year of Alleged Incident: 1988 ….. 33. Lisa Year of Alleged Incident: 1988 ….. 34. Jewel Allison ….. 35. Kacey Year of Alleged Incident: Early 1990s ….. 36. Angela Leslie Year of Alleged Incident: 1992 ….. 37. Lili Bernard Year of Alleged Incident: 1992 ….. 38. Michelle Hurd Year of Alleged Incident: 1995 ….. 39. Lachelle Covington Year of Alleged Incident: 2000 (When she came forward: 2000) ….. 40. Andrea Constand Year of Alleged Incident: January 2004 (When she came forward: 2005) ….. 41. Chloe Goins Year of Alleged Incident: 2008 ….. ET Online The Bill Cosby sexual abuse claims – 57 women and the dates they went public Amanda Holpuch, Jessica Glenza and Nicky Woolf and in New York Thursday 31 December 2015 Last modified on Friday 11 November 2016 Cosby appeared in court on charges of sexual misconduct on Wednesday, after dozens of women accused him of sexual abuse, harassment and attempted abuse ….. 17 November 2014 Linda Joy Traitz ..... 23 November 2014 Sarita Butterfield ….. 12 August 2015 Colleen Hughes ….. 12 August 2015 Eden Tirl ….. 30 September 2015 Sharon Von Ert ….. 30 September 2015 Pamela Abeyta ….. 12 August 2015 Linda Ridgeway Whitedeer ….. The Guardian Former Model, 2 Others Accuse Bill Cosby: ….. Anita Bennett September 30, 2015 ….. Former model Lisa Christie said ….. Cosby acted as her mentor and encouraged her to go to college. She claimed nothing ever happened at that time and they continued to stay in touch. Two years later, in 1989 ….. The Wrap FIFTY-PLUS YEARS OF TRANSPARENCY Bill Cosby’s legacy, recast: Accusers speak in detail about sexual-assault allegations By Manuel Roig-Franzia, Scott Higham, Paul Farhi and Mary Pat Flaherty November 22, 2014 Long before there was a Dr. Cliff Huxtable ….. He partied with Hugh Hefner and was a regular at the magazine mogul’s Playboy Mansion bacchanals. He co-owned a restaurant and hit the hottest clubs. He sizzled. ….. Cosby was a familiar face on the party circuit, knocking around with Hefner, author Shel Silverstein and John Dante, the second-in-command at Playboy, according to “Mr. Playboy: Hugh Hefner and the American Dream,” by Steven Watts. “Hef and his three buddies loved to fly up to [Playboy’s resort on Wisconsin’s Lake Geneva], catch a show, and throw a party for the Bunnies and performers,” Watts wrote. ….. Washington Post HeroVet Bill Cosby - Biography of a Comedian By Bernard Edelman Jan 21, 2003 ….. As a philanthropist with the resources to literally put his money where his mouth is, he and his wife, Camille ….. have given aid to hundreds of bright young black students over the years. ….. Because it is Cosby’s deeply held belief that the solutions to the problems of many black Americans are to be found when young people become better educated, and not in blaming all difficulties on race. The Cosbys have also given big bucks for various causes – cancer research, athletics, civil rights – and to various institutions of higher learning ….. Veterans Advantage In Stand-Up and Sitcoms, Nonchalantly Blazing a Path Bill Cosby, in Mark Whitaker’s New Biography By DWIGHT GARNER SEPT. 22, 2014 Credit Alessandra Montalto/The New York Times ..… Mr. Cosby used his clout to help African-Americans. He hired black workers on his shows and got them union cards. ….. Mr. Cosby lent the director Melvin Van Peebles, to give just one example, $50,000 to complete his 1971 classic, “Sweet Sweetback’s Baadasssss Song.” Without fanfare, over the decades, he visited dozens of jails and impoverished urban schools. He and his wife, Camille, slowly acquired one of the world’s most valuable private collections of African-American art. ….. NY Times Bill Cosby’s moralizing prompted judge to release testimony July 7, 2015 ….. He and wife Camille offered millions in donations to colleges and other institutions across the country, including $20 million to Spelman College in 1988. ….. CBS News Bill Cosby: From America’s Dad to comic under fire 8 January 2015 ….. I Spy ….. Premiering during a time of great upheaval for race relations in the US, it was banned by some stations in the southern states. But Cosby went on to earn three consecutive best actor Emmys for his role - a record that still stands. Despite his prominence on TV, Cosby made a conscious decision not to directly address race relations in his act - ….. “A white person listens to my act, and he laughs, and he thinks, 'Yeah, that's the way I see it, too,’” he once said. “OK. He’s white. I’m Negro. And we both see things the same way. That must mean that we are alike. Right? “So I figure this way, I’m doing as much for good race relations as the next guy.” BBC HeroVet Bill Cosby - Biography of a Comedian By Bernard Edelman Jan 21, 2003 ….. Among his many accolades, Bill Cosby was presented with the Medal of Freedom* by President Bush in 2002. *The Presidential Medal of Freedom is awarded to those individuals who have made outstanding contributions to the security or national interest of the United States or to world peace, or those who have made a significant public or private accomplishment. Veterans Advantage DEPOSITION Judge Explains Why He Unsealed Bill Cosby Court Documents By Andrew Blankstein, Tom Winter And Daniel Arkin July 7, 2015 A federal judge said one of the reasons he unsealed court documents ….. is because of the disconnect between the comedian's upright public persona and the serious allegations against him. “The stark contrast between Bill Cosby, the public moralist and Bill Cosby, the subject of serious allegations concerning improper (and perhaps criminal) conduct is a matter as to which the AP — and by extension the public — has a significant interest,” Judge Eduardo Robreno wrote in a memorandum Monday. The documents were released after a request from The Associated Press. ….. Robreno wrote Monday that the case “is not about the Defendant’s status as a public person by virtue of the exercise of his trade as a televised or comedic personality. Rather, Defendant has donned the mantle of public moralist and mounted the proverbial electronic or print soap box to volunteer his views on, among other things, childrearing, family life, education, and crime.” Cosby has made himself part of these public issues and therefore has “voluntarily narrowed the zone of privacy that he is entitled to claim,” the judge wrote. The judge’s statements in the 25-page memorandum were just some of the rationales for unsealing the documents that he outlines for both parties in the case. ….. NBC News Bill Cosby’s moralizing prompted judge to release testimony July 7, 2015 ….. One such commentary, a decade ago during a commemoration of the 50th anniversary of the Supreme Court decision on segregated schools, was cited by Robreno in his ruling. Cosby criticized a lack of parenting among poor families, complaining about young people's poor speech, dress and dropout rates. ..... It was labeled the “pound cake” ….. CBS News The Wrap’s Black Conservative Group Defends Bill Cosby: Accusers Are ‘Opportunistic’ By Reid Nakamura July 10, 2015 Whoopi Goldberg isn’t alone. Bill Cosby is getting defended by black conservative public policy organization Project 21. The group, sponsored by the National Center for Public Policy Research ….. “A decision to unseal documents is a weighty one and should only occur under exceptional circumstances - circumstances that have nothing to do with the popularity (or lack thereof) of one of the litigating parties,” said Horace Cooper, co-chairman of Project 21. ….. “What we have seen over the last year is Bill Cosby repeatedly attacked and tried in the media,” said Archbishop Council Nedd II, one of the co-founders of Project 21. “Without commenting on the allegations against Dr. Cosby, or the credibility of the accusers, based on the fact that none of the accusers, seen on the variety of news and talk shows, saw fit to push for criminal charges when the events occurred, tells me that they made a personal and calculated decision to live with whatever transpired. To me it seems opportunistic to seek media headlines now.” MSN Bill Cosby’s deposition on sex, drugs OK for criminal case, judge says By Jean Casarez, Ellie Kaufman and Rob Frehse, CNN Updated December 5, 2016 (CNN)A 2005 deposition … can be used by attorneys in a criminal case against him, a judge ruled Monday. The deposition is from a civil case brought by Andrea Constand, who says Cosby drugged her and then sexually assaulted her. Cosby now faces criminal charges in the case. Cosby attorneys said he only answered deposition questions because Bruce Castor, the district attorney at the time, promised to never bring a criminal case based on Constand's allegations. Constand was a former employee at Cosby's alma mater, Temple University. Castor said he made that promise so the entertainer would not be able to use the Fifth Amendment to avoid answering questions in a deposition, according to an email from Castor to his successor, Risa Vetri Ferman. The civil suit was the best chance Constand had for finding justice, the Castor email said. The current district attorney, Kevin Steele, responded in court documents that a formal nonprosecution agreement never existed, just a press release. He also said this kind of immunity can only be extended to a witness, not a defendant. In issuing the order, Judge Steven O’Neill said a promise to not prosecute Cosby in the future did not exist based upon the evidence presented in court. This is the first time Cosby has faced criminal prosecution. He is charged with three counts of felony aggravated indecent assault from a 2004 case involving Constand. She said she went to his home in a Philadelphia suburb for a career consultation and he gave her a mix of pills and wine that left her incapacitated and unable to consent to sex. The criminal case against Cosby is based partly on the 2005 deposition. In that testimony, he said the sexual encounter with Constand was consensual. Portions of that deposition were unsealed for the first time in 2015 after a lawsuit by The Associated Press that paved the way, prosecutors said, for re-opening the 2005 criminal investigation against Cosby in Pennsylvania. ….. CNN’s Ralph Ellis and Steve Forrest contributed to this report. CNN ETC. LAWYERS AND LEGAL ANALYSTS MARTIN SINGER Bill Cosby’s legacy, recast: Accusers speak in detail about sexual-assault allegations By Manuel Roig-Franzia, Scott Higham, Paul Farhi and Mary Pat Flaherty November 22, 2014 Bill Cosby’s life and career ….. Martin Singer, an attorney for Cosby, issued a statement Friday defending his client and assailing the news media. “….. it is completely illogical that so many people would have said nothing, done nothing, and made no reports to law enforcement or asserted civil claims if they thought they had been assaulted over a span of so many years. “Lawsuits are filed against people in the public eye every day. There has never been a shortage of lawyers willing to represent people with claims against rich, powerful men, so it makes no sense that not one of these new women who just came forward for the first time now ever asserted a legal claim back at the time they allege they had been sexually assaulted. “This situation is an unprecedented example of the media’s breakneck rush to run stories without any corroboration or adherence to traditional journalistic standards. Over and over again, we have refuted these new unsubstantiated stories with documentary evidence, only to have a new uncorroborated story crop up out of the woodwork. When will it end? It is long past time for this media vilification of Mr. Cosby to stop.” Washington Post GLORIA ALRED Former Cosby ‘mistress’ defends him: ‘He is a kind man’ By Diana Falzone, Fox News July 10, 2015 ….. Gloria Allred, who is representing several women who have accused the 77-year-old of sexual assault, said ….. “What is important, however, is that scores of women have accused him of drugging them without their knowledge and consent in order to sexually assault or rape them. …..” Page Six The lawyer behind the accusers: Gloria Allred is a girl’s best friend By Ann O’Neill October 1, 2010 Gloria Allred says many of her clients have been victimized by celebrity men. Los Angeles (CNN) -- Her clients include mistresses, starlets and allegedly wronged women from all walks of life. So, when Gloria Allred calls a news conference, media types know they're about to hear some dish. ….. On her website, she calls herself “the most famous woman attorney practicing law in the nation today.” ….. Allred has said she is not exploiting her clients, and if they have a story to tell it’s better to get their version out than let the rumors fly. Unlike a lot of other lawyers, Allred is not afraid to go public ….. “A lot of my clients have not begun as celebrities,” Allred told CNN in 2010. “They were typical people who were essentially women in crisis, sometimes because of the celebrity man. Because they were involved with a man who was a celebrity, they have become, in a sense, celebrity victims.” ….. CNN ABC NEWS CHIEF LEGAL ANALYST Whoopi Goldberg Reverses Bill Cosby Position: “Information Kinda Points To Guilt” July 14, 2015 ….. welcoming Abrams [ABC News chief legal analyst] to The View ….. Abrams noted the women who have come forward “together … make a much more compelling case”, adding, “It is impossible to ignore the consistency of these stories” and that, “as practical matter, the remedy against Bill Cosby is the court of public opinion. It’s the pressure; it’s the pulling of his TV shows, it’s the ridicule.” ….. Yahoo CBS NEWS LEGAL ANALYST RIKKI KLIEMAN Bill Cosby’s moralizing prompted judge to release testimony July 7, 2015 ….. Despite Cosby’s admission under oath, it may only put the comedian in “some” legal jeopardy, according to CBS News legal analyst Rikki Klieman. During the 2005 deposition Cosby said he got seven Quaalude prescriptions in the ‘70s but didn’t say whether he used them on other women in the ‘90s, Klieman said. ….. “One of the things that his lawyers did in the deposition, which is not receiving a lot of news coverage, is that they stopped the deposition and that Bill Cosby says he misunderstood the question,” Klieman said. “Yes, he used the Quaaludes, but with one woman. But again, there was a time in recreational drug use when people used Quaaludes consensually for sex.” ….. CBS News MONIQUE PRESSLEY Bill Cosby’s Attorney Monique Pressley Defends Star on Good Morning America, Says Quantity Doesn't "Make It True" By Francesca Bacardi Jul. 22, 2015 A new attorney for Bill Cosby Monique Pressley … appearing on Good Morning America Wednesday to passionately defend her client. She spoke specifically about the deposition that was recently released, in which Cosby admitted to obtaining drugs with the intent of giving them to women with whom he wanted to have sex. “There are a thousand-plus pages that are available of Mr. Cosby in his own words, and what we’re seeing so far are headlines that are grabbing one excerpt or two and misinterpreting them,” Pressley told ABC’s morning show. "The deposition said that there was use of Quaaludes, which was done often in the '70s." ….. “It was considered a party drug called ‘disco biscuits’ and it was something that was done frequently, not just by Mr. Cosby but other entertainers,” Pressley said. ….. “I’m not making conclusions—and you know that I can’t—about whether someone is lying or not,” she said in the interview. “What I am saying is that Mr. Cosby has denied the accusations that have been lodged thus far. The sheer volume or number of people who are saying a particular thing does not make it true.” ….. E Online New Bill Cosby Attorney Blasts Accusers: ‘The Sheer Volume or Number of People Who Are Saying a Particular Thing Does Not Make It True’ BY NICOLE WEISENSEE EGAN 07/22/2015 ….. Last December, Pressley made that same point about the “sheer volume of accusers” when she spoke on a panel about the Cosby scandal. “You’ll have some people who will come forward and join the bandwagon,” she says. “If you know the police department messed up in a certain park on a certain day, you’ll have 30 people who’ll come forward to cash in who weren't even there, who were at lunch across the street, who were looking from the window.” So “just because people come forward and say, ‘Thirty years ago he [Bill Cosby] put something in my cup,’” doesn't mean he did it, she said. ….. People Cosby pushes back on damaging deposition Maria Puente, USA TODAY July 23, 2015 ….. Instead, she said, “There’s no there there. (The media) have picked out things they wanted to be seen and heard and then they shut down (access to the deposition) and that's not balanced.” ….. “I’m getting Twitter feedback of all sorts, from ‘Bravo!’ and ‘Way to go,’ to ‘You’re getting money from a serial rapist,’ and ‘Shame on you’ – it runs the gamut,” she said. It doesn’t matter, she said. “I believe in the work I am doing.” ….. USA Today ‘The Only Proof That They’re Offering Is That They’ve Been In His Company’ – Bill Cosby’s Lawyer Monique Pressley Tell All By Roland Martin Jul 27, 2015 ….. ROLAND MARTIN: So much has changed. First off in that deposition a lot of people, after that came out it said Bill Cosby confessed and admitted to drugging and raping women. And you have been on various media outlets saying that was not the case. MONIQUE PRESSLEY: Exactly. That was not a part of his testimony in that deposition. That instead was part of the headline the media used to report on excerpts from the deposition that just did not at all coincide with what he actually say. ….. Well, in the deposition he was asked questions about having in his possession the then legal substance, which was Quaaludes, which as some of you who are listening now may know was a very popular party drugs during the ‘70s, about 40 plus years ago and it was something that was not an illegal substance, something that he testified that he got through a prescription from a doctor that he knew at the time. And his testimony was that he had it available and that he offered it to one woman in particularly who consensually took the substance which is very different than the accusations that are out there that he was slipping it into womens’ drinks without their knowledge and without their consent and then that it was “powerful sedative that rendered them semi-unconscious.” That was not his testimony. And that’s not what was actually said in the deposition. But some, what he did say, the headlines we got were Bill Cosby admits to drugging women with that same drug, et cetera. ….. I think that one of the things that is a popular ploy for some of the plaintiff’s attorneys is to say that 30 women are accusing Bill Cosby of rape, and they aren’t. So the vast majority of them have accusations that are something like using a drugging substance or not touching them appropriately or attempting sexual assault. There’s a smaller subset in there that most of those accusations date many decades ago, or accusing him of actual physical assault. So what happens is that people look at it and think by the sheer volume, or the number of people that are saying it, that certainly it has to be true. And one of the things that I pointed out repeatedly is that many times people see an opening, a way that they can use the story that now has no way of being proven true or false. People are saying things happened 30 years ago, 40 years ago, any potential witness or any person that could be brought forward to prove it true or false is long gone or dead. They’re not even using exact dates. Things are being said like, ‘this happened sometime in 1974 on some tour’. So what would normally happen here is that it would be brought timely and then in a court of law you would have an opportunity to defend against the accusation and the person bringing the accusation would actually have to prove it. But when it’s beyond the statute of limitations, and when media has an appetite for it, any person can wake up this morning and then choose to say that something happened and have a picture that they took with Bill Cosby at a comedy show, or on a tour, and use that as proof, ‘here, I was with him on that date.’ And some of these cases, in most of them, the only proof that they’re offering is proof that they were actually in his company. ….. Black America Web Bill Cosby’s Lawyer Says White Accusers Should Have Come Forward Because Cosby Is a Black Man and Would Have Been Target No. 1 Monique Pressley, Cosby’s attorney, also argues that coverage of this scandal has been one-sided. By: Diana Ozemebhoya Eromosele Posted: Aug. 3, 2015 ..... Pressley scolded the media as being biased and wondered why, when information comes out that contradicts some of what the accusers have claimed, reporters haven’t pounced on that information and reported it with the same ferocity with which they report the allegations levied against Cosby. “When contrary information comes forward, the people who are putting forward the interviews, the people who are doing the reporting, should do both sides. Why aren't we seeing those?” Pressley asked. Pressley pointed specifically to an accuser who claimed that an incident happened on The Tonight Show, but Pressley said that they were able to prove that Cosby was “on the other side of the world having eye surgery” that day. Pressley argued that those kinds of discoveries that discredit some of the allegations aren't given a lot of attention. ….. Pressley insinuated that Cosby’s power and wealth have made him a “walking magnet for defamation suits.” ….. “Bill Cosby was a black man in America,” Pressley said. “If we look back on our own history and see what was happening during those times, he would have been target No. 1 in those days. “I”m saying, based on what I know of our country and our country’s history, and when we look back on the kinds of things that were being done to African-American males, I find it incredulous that no one would have believed [his white accusers] enough to check their story,” she said. ….. The Root The Grapevine Cosby lawyer attacks ‘bandwagon’ accusers’ accounts as vague By Maryclaire Dale and Michael R. Sisak Associated Press Published: Dec. 14, 2016 Updated: Dec. 15, 2016 ….. Bill Cosby’s lawyers on Wednesday attacked what they called “vague, remote and often inconsistent” allegations from a slew of women whom prosecutors are seeking to call as witnesses at his sexual assault trial next year. ….. At a hearing outside Philadelphia, the defense portrayed the potential prosecution witnesses as “bandwagon” accusers who came forward because they sought to cash in on Cosby’s fame and wealth. The women went public at the urging of “clever, cunning lawyers who had the agenda of bringing down an American icon,” Cosby lawyer Brian McMonagle told Montgomery County Judge Steven O’Neill ….. McMonagle argued prosecutors dredged up unsubstantiated assault allegations dating to the 1960s to try to breathe life into a weak case, and urged O’Neill to “follow the money” when examing the motives of the accusers. ….. Cosby is charged with assaulting Andrea Constand, then a Temple University employee. She filed a police complaint against Cosby, a long-married father of five and her friend and mentor, but a prosecutor at the time declined to file charges. ….. Cosby’s attorney said Wednesday that Constand has offered shifting accounts of the encounter ….. Prosecutors have argued that sexual assault victims often recall more details in subsequent interviews, and they say the discrepancies in Constand’s accounts are not material to the case. ….. “This is a lifetime of sexual assault on young women,” Steele told O’Neill. ….. Cosby’s lawyers said that the women’s stories aren’t similar enough to warrant their testimony. ….. “You cannot ignore the differences,” said another defense lawyer, Angela Agrusa. ….. Allred, who attended Wednesday’s hearing, has argued her clients have a duty to testify if the court wants to hear from them. “We say as lawyers that when you have the law on your side, you argue the law. If you don’t have the law, you argue facts. If you don’t have the facts, then you attack the victim or other lawyers, or both. Today there was a full-scale attack on the victims,” Allred said. ….. Deseret News Bill Cosby’s Attorney Says Victims of Sexual Assault 'Have Responsibility’ to Come Forward Yolanda Sangweni August 02, 2015 ….. In a heated discussion with host Marc Lamont Hill, Pressley said that women who have been sexually assaulted have a responsibility to immediately come forward if they want justice. “Report, go to the hospital… do all of the things that rape counseling centers tell women to do immediately,” she said, alluding to the fact that many of Cosby’s accusers did not immediately press charges. ….. “but what I'm saying is women have responsibility. We have responsibility for our bodies, we have responsibility for our decisions, we have responsibility for the way we conduct ourselves.” “If a woman is violated by a man and does not report, for whatever reason—and I’m not saying that the reasons are bad or good or indifferent—what I am saying is that in a court of law, the entire situation, will never be brought forward for the purposes of justice.” She continued: The only way for a woman to get the justice that she seeks—and that, if her allegation is true, that she deserves—is to come forward [soon after the crime]. And even if the reasons that the women did not do that are legitimate ones, what cannot happen—in my opinion, in the United States—is that 40 years later there is a persecution tantamount to a witch hunt where there was no prosecution timely and there was no civil suit timely. And there's not any testimony or any accusation from any of these women that Mr. Cosby in any way bound them, gagged them, prevented them from coming forward and saying whatever their truth was at the time. That's not what happened. Pressley also spoke on Beverly Johnson’s allegations, saying that the media should look further into her claims because a former manager had come forward to say the supermodel had shared nothing but fond memories of Bill and Camille Cosby through the years. ….. Essence ETC. THE TIMES RACISM AND DISCRIMINATION Mass racial violence in the United States, also called race riots, can include such disparate events as: attacks on Irish Catholics, the Chinese and other immigrants in the 19th century. attacks on Native Americans and Americans over the land. attacks on Italian immigrants in the early 20th century, and Mexicans and Puerto Ricans in the later 20th century. attacks on African Americans that occurred, as in 1919, in addition to the lynchings in the period after Reconstruction through the first half of the 20th century. ….. Anti-immigrant and anti-Catholic violence Riots defined by "race" have taken place between ethnic groups in the United States since as early as the pre-Revolution era of the 18th century. During the early-to-mid- 19th centuries, violent rioting occurred between Protestant "Nativists" and recently arrived Irish Catholic immigrants. These reached heights during the peak of immigration in the 1840s and 1850s in cities including New York, Philadelphia, and Boston. During the early 20th century, riots were common against Irish and French-Canadian immigrants in Providence, Rhode Island. The San Francisco Vigilance Movements of 1851 and 1856 are often described by sympathetic historians as responses to rampant crime and government corruption. But, recent historians have noted that the vigilantes had a nativist bias; they systematically attacked first Irish immigrants, and later Mexicans, Chileans who came as miners during the California Gold Rush, and Chinese immigrants. During the early 20th century, racial or ethnic violence was directed by whites against Filipinos, Japanese and Armenians in California, who had arrived in waves of immigration. During the late 19th century and early 20th century, Italian Americans were subject to racial violence. In 1891, eleven Italians were violently murdered in the streets by a large lynch mob. In the 1890s a total of twenty Italians were lynched in the South. Anti-Polish violence also occurred in the same time period. Nineteenth-century events Like lynchings, race riots often had their roots in economic tensions or in white defense of the color line. Wikipedia, the free encyclopedia Racism and ethnic discrimination in the United States has been a major issue since the colonial era and the slave era. Legally or socially sanctioned privileges and rights were given to White Americans that were not granted to Native Americans, African Americans, Asian Americans, and Latin Americans. ….. Wikipedia, the free encyclopedia LYNCHINGS ….. White supremacist organizations began to form, including the Ku Klux Klan in 1867, with the specific intent of terrorizing the black community. Enabled by Jim Crow laws and widespread corruption, lynchings—the extrajudicial execution of black men, women, and children and sympathetic whites—were one of the horrific results of this systemic discrimination. Estimates of the number of people killed in lynchings vary from 5,000 to 20,000. ….. History Net Lynching, the practice of murdering people by extrajudicial mob action, occurred in the United States chiefly from the late 18th century through the 1960s. ….. According to a Time magazine article, April 2, 2002: "There were lynchings in the Midwestern and Western states, mostly of Asians, Mexicans, and Native Americans. But it was in the South that lynching evolved into a semiofficial institution of racial terror against blacks. All across the former Confederacy, blacks who were suspected of crimes against whites—or even "offenses" no greater than failing to step aside for a white man's car or protesting a lynching—were tortured, hanged and burned to death by the thousands. In a prefatory essay in Without Sanctuary, historian Leon F. Litwack writes that between 1882 and 1968, at least 4,742 African Americans were murdered that way.….. In Without Sanctuary (2000), a book of lynching postcards collected by James Allen, Pulitzer Prize-winning historian Leon F. Litwack wrote: "The photographs stretch our credulity, even numb our minds and senses to the full extent of the horror, but they must be examined if we are to understand how normal men and women could live with, participate in, and defend such atrocities, even reinterpret them so they would not see themselves or be perceived as less than civilized. The men and women who tortured, dismembered, and murdered in this fashion understood perfectly well what they were doing and thought of themselves as perfectly normal human beings. Few had any ethical qualms about their actions. This was not the outburst of crazed men or uncontrolled barbarians but the triumph of a belief system that defined one people as less human than another. For the men and women who composed these mobs, as for those who remained silent and indifferent or who provided scholarly or scientific explanations, this was the highest idealism in the service of their race. One has only to view the self-satisfied expressions on their faces as they posed beneath black people hanging from a rope or next to the charred remains of a Negro who had been burned to death. What is most disturbing about these scenes is the discovery that the perpetrators of the crimes were ordinary people, not so different from ourselves – merchants, farmers, laborers, machine operators, teachers, doctors, lawyers, policemen, students; they were family men and women, good churchgoing folk who came to believe that keeping black people in their place was nothing less than pest control, a way of combating an epidemic or virus that if not checked would be detrimental to the health and security of the community." ….. Because of J. Edgar Hoover's and others' hostility to the Civil Rights Movement, agents of the FBI resorted to outright lying to smear civil rights workers and other opponents of lynching.….. ….. Although lynchings have become rare following the civil rights movement and changing social mores, some have occurred. Adam Hudson suggests that lynching continues veiled under the mask of police brutality and less publicized vigilante actions. … In 1981 … Michael Donald … In 1998 … James Byrd, Jr. ….. In 2006, five white teenagers were given various sentences for second-degree lynching in a non-lethal attack of a young black man in South Carolina. ….. Wikipedia, the free encyclopedia A rocking example of SLO race relations in the 1970s By Dan Krieger Special to The Tribune January 24, 2015 ….. The United States has been dramatically changed over the last 50 years. No one living in 1964 could have foreseen the election of Barak Obama as president. Some issues surrounding racial tension are still with us, as last summer’s death of Eric Garner on Staten Island and the shooting of Michael Brown in Ferguson, Missouri, demonstrate. The summer of 1964 had its racially charged deaths: Those of James Earl Chaney, Andrew Goodman, and Michael “Mickey” Schwerner, in Neshoba County, Mississippi. The three civil rights workers were murdered on the night of June 21, thanks to collusion by members of the Ku Klux Klan, the Neshoba County Sheriff's Office and the Philadelphia, Mississippi, Police Department. San Luis Obispo JIM CROW LAWS AND SEGREGATION ….. The Jim Crow Laws were state and local laws enacted in the Southern and border states of the United States and enforced between 1876 and 1965. They mandated “separate but equal” status for black Americans. … The most important laws required that public schools, public places and public transportation, like trains and buses, have separate facilities for whites and blacks. ….. Wikipedia, the free encyclopedia “The Jim Crow laws … were passed to separate blacks and whites in as many aspects of life as possible. Supposedly aimed at making separate but equal accommodations for both races, the reality was that blacks were often treated as inferiors and put at a disadvantage, ultimately making racism and discrimination systemic.” “Following the landmark Brown vs. Board of Education decision in 1954, in which the NAACP successfully fought against school segregation, leaders like Martin Luther King, Jr. encouraged peaceful, non-violent direct action in response to segregation and discrimination. King helped form the Southern Christian Leadership Conference (SCLC) to educate church and community leaders on non-violent tactics and effective strategies to mobilize their communities in boycotts, sit-ins, freedom rides, marches, and other actions. This mass mobilization and empowerment of the African American community and its supporters characterized the Civil Rights movement, which spanned from roughly 1950s to late 1960s. ….. During the Freedom Rides of 1961, buses were firebombed and met with mob violence incited by Ku Klux Klan members and other segregationists. Activists that began campaigns to mobilize black voters in the spring and summer of 1962 in towns in the Mississippi River delta were met with staunch opposition, facing arrests, beatings, arson, shooting, and murder.” History Net … in February 1960, in Greensboro, North Carolina, four young African-American college students entered a Woolworth store and sat down at the counter but were refused service. The men had learned about non-violent protest in college, and continued to sit peacefully as whites tormented them at the counter, pouring ketchup on their heads and burning them with cigarettes. After this, many sit-ins took place to non-violently protest against racism and inequality. ….. The 16th Street Baptist Church bombing marked a turning point during the Civil Rights Era, by attracting national attention. On Sunday, September 15, 1963 with a stack of dynamite hidden on an outside staircase, Ku Klux Klansmen destroyed one side of the Birmingham church. The bomb exploded in proximity to twenty-six children preparing in the basement assembly room. The explosion killed four black girls, Carole Robertson (14), Cynthia Wesley (14), Denise McNair (11) and Addie Mae Collins (14). ….. With the bombing occurring only a couple of weeks after Martin Luther King Jr.’s March on Washington, it became an integral aspect of transformed perceptions of conditions for blacks in America. It influenced the passage of the Civil Rights Act of 1964 and Voting Rights Act, which overruled remaining Jim Crow laws. Nonetheless, neither had been implemented by the end of the 1960s. ….. Wikipedia, the free encyclopedia Bloody Sunday (March 7, 1965) John Lewis - March from Selma to Montgomery, "Bloody Sunday," 1965 In 1965, at the height of the modern civil rights movement, activists organized a march for voting rights, from Selma, Alabama, to Montgomery, the state capital. On March 7, some 600 people assembled at a downtown church, knelt briefly in prayer, and began walking silently, two-by-two through the city streets. ….. the marchers were stopped as they were leaving Selma, at the end of the Edmund Pettus Bridge, by some 150 Alabama state troopers, sheriff ’s deputies, and possemen, who ordered the demonstrators to disperse. One minute and five seconds after a two-minute warning was announced, the troops advanced, wielding clubs, bullwhips, and tear gas. ….. History ..... ultimately hospitalizing over fifty people. “Bloody Sunday” was televised around the world. ….. Black Past …. Not all members of the black community believed non-violence and multiculturalism was the best path to ending discrimination. Stokey Carmicheal was an early advocate of being prepared to meet white violence with violence in return. ….. Some Black Power advocates believed in black nationalism and separatism, while others, like Malcom X and the Black Panther Party, declared themselves to be at war with the existing political power structure, which happened to be mainly white, not at war with all whites. ….. The Black Panther Party, formed in Los Angeles in 1966, endured into the early 1980s by organizing some vital programs within black communities, such as a program that provided free breakfast for children and citizen patrols to document police injustice and brutality. ….. History Net ….. Segregation continued even after the demise of the Jim Crow laws. ….. From 1981 to 1997, the United States Department of Agriculture discriminated against tens of thousands of black American farmers, denying loans that were provided to white farmers in similar circumstances. ….. Wikipedia, the free encyclopedia The gains of the civil rights movement in eliminating segregation laws and enacting laws that protect rights, like the Civil Rights Act of 1964 and the Voting Rights Act of 1965, were enormous victories but did not result in the immediate and full integration of blacks into American society. ….. Two additional federal civil rights laws were passed after the end of the civil rights movement of the 1950s and ’60s: the Civil Rights Restoration Act of 1987, which expanded nondiscrimination laws to private institutions that receive federal funds, and the Civil Rights Act of 1991, which countered Supreme Court decisions that had made it more difficult to prove employment discrimination and strengthened the rights of those who experienced intentional discrimination. ….. Following the passage of the Voting Rights Act of 1965, black politicians were voted into local and national office and gained more mainstream acceptance through the 1970s and 1980s. In 1972, Shirley Chisolm, the first black female member of Congress, ran for the Democratic nomination for President. ….. In 1984 and 1988 Reverend Jesse Jackson ran nationwide primary campaigns for the Democratic nomination….. Barack Obama became the nation’s first African American president after a successful presidential campaign in 2008 and was reelected for a second term in 2012. History Net THE MILITARY ….. African Americans in the Military ….. During the Vietnam War, the highest-ever proportion of African Americans served in the armed forces, an about-turn from the previous attitude that they were unfit for combat. ….. Many blacks enlisted because of few job opportunities at home, as was the case for whites as well in states with low employment opportunities. In addition, many African Americans did not plan on attending college (in comparison to whites at the time) and could not get a college deferment. As the civil rights movement wore on, racial violence that swept the country in the late 1960s spread to the military, with race riots on military bases and ships. African American prisoners, many of whom were jailed for violent crimes, rioted at the U.S. Army stockade at Long Binh from August 29 to September 7, 1968. On October 1, 1989, forty years after the end of military segregation, professional soldier General Colin L. Powell became the first African American appointed Chairman of the Joint Chiefs of Staff, the highest military position in the U.S. Department of Defense. While in this position, he oversaw Operation Desert Storm in Iraq. Powell also served as National Security Advisor (1987–1989) and as Commander of the U.S. Army Forces Command (1989). In 2001, President George W. Bush appointed him as Secretary of State, the first African American to hold the office. History Net African-Americans In Combat …… The Vietnam War saw the highest proportion of African-Americans ever to serve in an American war. There was a marked turnaround from the attitude in previous wars that black men were not fit for combat - during the Vietnam War African-Americans faced a much greater chance of being on the front-line, and consequently a much higher casualty rate. In 1965 alone AfricanAmericans represented almost 25 percent of those killed in action. Following the Vietnam War and the phasing-out of conscription, the number of AfricanAmericans volunteering to join the Army grew exponentially, enlisting at rates far above their share of the population. In general African-Americans account for nearly 25% of all enlisted Army soldiers while making up just 13% of the population. ….. PBS Black Americans in Defense of Our Nation (Department of Defense, 1985) ….. Vietnam Era (1960-1973) ….. Expectations of black service members were heightened by legislated civil rights gains in the civilian community throughout the mid and late 1960's. Blatant offbase discrimination gave way to new, more subtle forms of discrimination, both on-post and off-post. ….. Post Vietnam Era (1974-1984) …. By 1970, the Department of Defense had taken several steps to establish equal opportunity within the military establishment. ….. The Task Force on the the Administration of Military Justice was formed in 1972 to identify the nature and extent of racial discrimination in the administration of military justice in the Armed Forces. The Task Force was also chartered to make recommendations to the Secretary of Defense regarding appropriate actions to eliminate existing deficiencies and enhance the opportunity for equal justice for every American serviceman and servicewoman. ….. By 1974, the Race Relations Education Program was in full force throughout the Department of Defense. ….. Sam Houston State University CASUALTIES The 40 Who Fell in the Turbulence Of the U.S. Battles for Civil Rights Published: November 4, 1989 MONTGOMERY, Ala., Nov. 3— A civil rights memorial to be dedicated Sunday includes the names of the 40 people killed in the movement. The list, in chronological sequence, gives the date and circumstances of the person's death as described on the memorial. LEE, the Rev. George, killed May 7, 1955, for leading a voter registration drive in Belzoni, Miss. SMITH, Lamar, 63 years old, slain Aug. 13, 1955, for organizing black voters in Brookhaven, Miss. TILL, Emmett Louis, 14, slain Aug. 28, 1955, for speaking to a white woman in Money, Miss. REESE, John Earl, 16, slain Oct. 22, 1955, by nightriders opposed to black school improvements in Mayflower, Tex. EDWARDS, Willie Jr., killed Jan. 23, 1957, by the Ku Klux Klan in Montgomery, Ala. PARKER, Mack Charles, 23, taken from a jail and lynched April 25, 1959, in Poplarville, Miss. LEE, Herbert, 50, voter registration worker, killed Sept. 25, 1961, by a white legislator in Liberty, Miss. DUCKSWORTH, Roman Jr., taken from bus and killed April 9, 1962, by the police in Taylorsville, Miss. GUIHARD, Paul, a European reporter, killed Sept. 30, 1962, in a riot at University of Mississippi in Oxford, Miss. MOORE, William Lewis, slain April 23, 1963, in a one-man march against segregation in Attalla, Ala. EVERS, Medgar, 28, civil rights leader, assassinated June 12, 1963, in Jackson, Miss. COLLINS, Addie Mae, 14, killed Sept. 15, 1963, in the bombing of the 16th Street Baptist Church in Birmingham, Ala. MCNAIR, Denise, 11, killed Sept. 15, 1963, in the Birmingham church bombing. ROBERTSON, Carole, 14, killed Sept. 15, 1963, in the church bombing. WESLEY, Cynthia, 14, killed Sept. 15, 1963, in the church bombing. WARE, Virgil Lamar, 13, killed Sept. 15, 1963, in a wave of racist violence in Birmingham, Ala. ALLEN, Louis, witness to the killing of a civil rights worker, assassinated Jan. 31, 1964, in Liberty, Miss. KLUNDER, the Rev. Bruce, killed April 7, 1964, protesting the construction of a segregated school in Cleveland. DEE, Henry Hezekiah, 19, killed May 2, 1964, by the Klan in Meadville, Miss. MOORE, Charles Eddie, 20, killed May 2, 1964, by the Klan in Meadville, Miss. CHANEY, James, 21, civil rights worker, abducted and slain June 21, 1964, by the Klan in Philadelphia, Miss. GOODMAN, Andrew, civil rights worker, abducted and slain June 21, 1964, by the Klan in Philadelphia, Miss. SCHWERNER, Michael, 24, rights worker, abducted and slain June 21, 1964, by the Klan in Philadelphia, Miss. PENN, Lemuel, 48, killed July 11, 1964, by the Klan while driving through Colbert, Ga. JACKSON, Jimmie Lee, civil rights marcher, killed Feb. 26, 1965, by a state trooper in Marion, Ala. REEB, the Rev. James, march volunteer, beaten to death on March 11, 1965 in Selma, Ala. LIUZZO, Viola Gregg, 39, killed March 25, 1965, by the Ku Klux Klan while transporting marchers on a highway near Selma, Ala. MOORE, Oneal, 34, black deputy, killed June 2, 1965, by nightriders in Varnado, La. BREWSTER, Willie Wallace, 38, killed July 18, 1965, by nightriders in Anniston, Ala. DANIELS, Jonathan, 26, seminary student, killed Aug. 20, 1965, by a part-time deputy in Hayneville, Ala. YOUNGE, Samuel Jr., student civil rights worker, killed Jan. 3, 1966, in a dispute over a whites-only restroom in Tuskegee, Ala. DAHMER, Vernon, black community leader, killed Jan. 10, 1966, in a Klan bombing in Hattiesburg, Miss. WHITE, Ben Chester, 67, killed June 10, 1966, by the Klan in Natchez, Miss. TRIGGS, Clarence, slain July 30, 1966, by nightriders in Bogalusa, La. JACKSON, Wharlest, 37, civil rights leader, killed Feb. 27, 1967, after promotion to ''white'' job in Natchez, Miss. BROWN, Benjamin, 22, civil rights worker, killed May 12, 1967, when the police fired on protesters in Jackson, Miss. HAMMOND, Samuel Jr., 18, killed Feb. 8, 1968, when highway patrolmen fired on protesters in Orangeburg, S.C. MIDDLETON, Delano, 17, killed Feb. 8, 1968, in the Orangeburg shootings. SMITH, Henry, student killed Feb. 8, 1968, in the Orangeburg shootings. KING, the Rev. Dr. Martin Luther Jr., 39, assassinated April 4, 1968 in Memphis. ….. NY Times The Top 5 Assassinations Of Black Leaders Written By Casey Gane-McCalla Today, political assassinations are rare inside the U.S. During the civil rights movement, anybody who stood up for the rights of African Americans was a possible assassination target. Often times the assassinations were carried out by white supremacists, who were not convicted for their crimes due to racism in government, or even by police departments. These assassinated leaders have served as martyrs for the civil rights movement and the struggle for African people in America and abroad. 5. Medgar Evers Civil rights activist Medgar Evers was assassinated by Byron De La Beckwith, a member of the White Citizens Council. Evers was a World War II veteran who would become the Secretary of the NAACP in Mississippi helping to integrate the University of Mississippi. Beckwith would shoot Evers at his home in Jackson, Mississippi. It would take over 30 years after Evers’ murder for Beckwith to be convicted in 1994. 4. Fred Hampton ….. Fred Hampton, a leader for the Black Panther Party in Chicago, Illinois was killed in his apartment during a police raid while sleeping, unarmed in 1968. The police raid was in retaliation for a previous shoot out police had with members of the Black Panther Party that killed two policemen. The policeman who killed Hampton were acquitted in court, but members of the Black Panther Party would call it an assassination. 3. Harry and Harriette Moore ….. Harry and Hariette Moore were a husband and wife team of civil rights activists and teachers who founded the NAACP in Brevard County, Florida. In 1951, the couple’s house was bombed and both of them were murdered. 55 years after the bombing, the state of Florida concluded an investigation into the bombing and found that three, since deceased members of the Ku Klu Klan were responsible. 2. Malcolm X ….. Malcolm X, one the the most prominent Black leaders of the 20th Century rose from prison inmate to spokesman for the Nation Of Islam. While Malcolm X would clash with the government and other Black leaders, it would be members of the Nation Of Islam who would be convicted of his killing.Years later, it would be revealed that the FBI used COINTLPRO agents to infiltrate the Nation Of Islam and cause tension between them and Malcolm; and created false letters between the Malcolm and the Nation. 1. Martin Luther King Martin Luther King was the face and voice of the civil rights movement. Martin would serve as a martyr for the movement after he was killed in Memphis in 1968, while supporting striking black sanitary public works employees. King would be shot while outside his hotel room in Memphis. Escaped convict, James Earl Ray would confess to killing King but would later recant his confession. While their have been allegations of a conspiracy, no charges were ever made. Newsone AMERICAN RACE AND RACISM 1970 TO PRESENT Reagan’s presidency in the 1980’s played a key role in the development of racial issues. His presidential campaigns clearly did not support Civil Rights movements of previous decades so minority groups were left to fight for themselves without funding. "He did not believe in racial preferences, did not believe in quotas or what has come to be institutionalized as affirmative action and thought it necessary that no one be given special treatment on account of his race or religion" (Woodger). This trumped many groups at the start of the decade, but in time they developed a sense of independence and began to gain their rights back. Some minority groups even had profound figures in American culture and daily media which greatly eased tension between races and further supported the progressive attitude towards creating a unified and equal nation. American Indians, African Americans, Hispanics and Latinos, and Japanese Americans all continued to battle discrimination in hopes of a future free of prejudice. MICDS ETC. FALSE ALLEGATIONS AND CONVICTIONS In June 2012, the National Registry of Exonerations, a joint project of the University of Michigan Law School and Northwestern University Law School, initially reported 873 individual exonerations in the U.S. from January 1989 through February 2012; the report called this number "tiny" in a country with 2.3 million people in prisons and jails, but asserted that there are far more false convictions than exonerations. … ….. In the case of Joseph Roger O’Dell III, executed in Virginia in 1997 for a rape and murder, a prosecuting attorney bluntly argued in court in 1998 that if posthumous DNA results exonerated O'Dell, "it would be shouted from the rooftops that ... Virginia executed an innocent man." The state prevailed, and the evidence was destroyed. … Wikipedia, the free encyclopedia Researchers: More than 2,000 false convictions in past 23 years By U.S. News May 21, 2012 Exonerees can be found in all parts of the country, but most were concentrated in Illinois, New York, Texas, and California. 93 percent are men, 7 percent women; Nearly 50 percent are black, 38 percent white, 11 percent Hispanic and 2 percent Native American or Asian; 48 percent had been falsely convicted of homicides, 35 percent of sexual assaults (23 percent adult, 12 percent child), five percent robberies, five percent other violent crimes, and seven percent drug, white-collar and other non-violent crimes. As a group, they spent more than 10,000 years in prison, an average of more than 11 years each. NBC News Innocence Cases Innocence and the Death Penalty Since 1973, 156 people have been exonerated and freed from death row. ….. with the most recent being …. on October 12, 2015. Exonerations by State As of October 13, 2015 there have been 156 exonerations in 26 different States. Florida=26; Illinois=20; Texas=13; Louisiana=10; Oklahoma=10; Arizona=9; North Carolina=9; Ohio=9; Alabama=6; Georgia=6; Pennsylvania=6; Mississippi=4; Missouri=4; New Mexico=4; California=3; Massachusetts=3; Tennessee=3; Indiana=2; South Carolina=2; Idaho=1; Kentucky=1; Maryland=1; Nebraska=1; Nevada=1; Virginia=1; Washington=1. Exonerations by Year “From 1973-1999, there were an average of 3.03 exonerations per year. From 2000-2013, there have been an average of 4.49 exonerations per year.” Exonerations by Race Black= 81; White= 61; Latino= 12; Other= 2. The earliest convictions began in the 1960s. Last Updated October 13, 2015 Death Penalty Information Center Michigan Man Convicted of Raping Girl is Found Innocent; No Promise of Compensation Posted: June 12, 2015 In October 1991, a young girl testified at a criminal hearing that she had been raped outside her home in Grand Rapids, Michigan, and that three men—one of them being then-17-yearold Quentin Carter— were involved in the assault. Based solely on the victim’s testimony, Quentin was convicted in 1992 of first-degree sexual assault, but this past Wednesday, Kent County Prosecutor Bill Forsyth announced that the girl had actually been raped by her mother’s boyfriend, Aurelias Marshall. Carter had no involvement in the crime. According to Mlive.com, Carter served a 17-year sentence in prison and was forced to live his life as a registered sex offender even though there were indications all along that Carter was not guilty, and that Marshall was the assailant. Innocence Project Outrage: Woman whose monstrous rape lie sent an innocent young man to prison for four years is sentenced to two months behind bars, to be served on weekends August 19, 2013 Elizabeth Paige Coast, the woman who sent a random young man from her past to prison for four years for a supposed rape that never happened (she made it up as a way to explain to her parents why she was visiting pornographic websites), was sentenced this afternoon to serve just two months behind bars, on weekends only. She will also have to pay Mr. Montgomery $90,000 in restitution for the years he spent in prison. See here, here and here. The story of Johnathon Montgomery's ordeal not only is heart-breaking, it's a cautionary tale about how an innocent young man can be destroyed with no evidence beyond the very shaky say-so of his false rape accuser. If it can happen to Johnathon, it can happen to any young man. COTWA Elizabeth Coast's False Rape Claim Leads To 2 Months Jail In Virginia By Sebastian Murdock Posted: 08/20/2013 Updated: 08/20/2013 A Hampton, Virginia woman who falsely accused a man of raping her -- landing him in prison for four years -- will spend two months in jail. Elizabeth Paige Coast, 26, will be allowed to serve her sentence on weekends. She came forward in 2012, saying that she lied about Johnathan C. Montgomery raping her. He spent four years in prison over the false claim, the Richmond Times-Dispatch reports. Coast told a judge Monday that when she was caught by her mother looking at pornography on the internet, she said she had been sexually assaulted, blamed her neighbor. The lie snowballed from there, she said. "I had no idea how far this lie would go," Coast said. During Montgomery's case, Coast testified that he molested her in 2000 when he was 14 and she was 10. Montgomery was convicted and sentenced to more than seven years in prison, according to the Washington Post. When Montgomery was arrested, Coast said she stuck by her lie. The Huffington Post ETC. PROSECUTORIAL MISCONDUCT Prosecutorial Misconduct: Taking the Justice Out of Criminal Justice by Christopher Zoukis NOV. 8, 2014 The prosecutor has more control over life, liberty, and reputation than any other person in America. His discretion is tremendous.... While the prosecutor at his best is one of the most beneficent forces in our society, when he acts from malice or other base motives, he is one of the worst. —Former U.S. Attorney General Robert Jackson ….. Prevalence of Prosecutorial Misconduct Prosecutorial misconduct is, in the words of noted Harvard Law School professor Alan Dershowitz, “rampant.” Due to the lack of a uniform reporting body – each state has its own attorney discipline system – the number of criminal cases affected by prosecutorial abuses is unknown. Research studies have shed some light on this subject, though. A 2003 report by the Center for Public Integrity, a nonprofit government watchdog group, examined more than 11,400 allegations of prosecutorial misconduct in appellate rulings between 1970 and 2003. In 2,012 of those cases (17.6%), misconduct by prosecutors led to dismissals, sentence reductions or reversals. Few prosecutors, however, were sanctioned for the violations cited by the appellate courts; only 44 faced disciplinary action, and seven of those cases were dismissed. A comprehensive 2009 study by the Northern California Innocence Project examined 707 cases in which California appellate courts found prosecutorial misconduct between 1997 and 2009. Of those cases, the misconduct in 159 was deemed “harmful.” The study noted that 67 prosecutors were found by the courts to have committed multiple infractions; however, during that time period just six were disciplined. While most criminal cases are handled by state and local prosecutors, federal prosecutors – popularly viewed as having higher ethical standards – were the subject of a six-month USA Today investigation, published in 2010, that uncovered 201 cases since 1997 in which courts found that Assistant U.S. Attorneys (AUSAs) had violated laws or ethics rules. That number did not include cases involving misconduct not officially addressed by the courts, or violations handled internally. Yet only six federal prosecutors faced discipline and none were disbarred. An August 2010 study by the Innocence Project, “Court Findings of Prosecutorial Misconduct Claims in Post-Conviction Appeals and Civil Suits Among the First 255 DNA Exoneration Cases,” found that of the 65 cases in the study “involving documented appeals and/or civil suits addressing prosecutorial misconduct, 31 (48%) resulted in court findings of error, with 18% of findings [leading] to reversals (harmful error).” In another report published in April 2013, ProPublica, which produces independent journalism in the public interest, analyzed 30 cases where prosecutorial misconduct contributed to the vacatur of convictions between 2001 and 2011, including a number of cases in which victims of such misconduct received monetary compensation. Only one prosecutor involved in those cases faced serious discipline. That prosecutor, Claude Stuart, was forced to resign in 2002 after repeated misconduct – including withholding exculpatory evidence and lying to a judge – resulted in the reversal of multiple convictions. According to the Center for Prosecutor Integrity, studies over the past 50 years, including some of those cited above, indicate that in 3,625 identified cases of prosecutorial misconduct, “public sanctions [were] imposed in only 63 cases – less than 2% of the time.” And of that discipline, just 14 prosecutors were suspended or disbarred. The Center maintains a national registry of prosecutorial misconduct, available at www.prosecutorintegrity.org. Overall, the consensus across these studies is that very few cases of prosecutorial misconduct result in disciplinary sanctions – and most sanctions amount to a proverbial slap on the wrist. Considering that reported cases of misconduct are relatively infrequent due to arcane complaint procedures, lax enforcement, and a culture of secrecy and indifference by regulatory agencies, one must conclude that the problem of prosecutorial misconduct in our nation’s criminal justice system is much greater than the official numbers reflect. “Each year, thousands of Americans are victimized by prosecutors who overcharge, withhold key evidence, and engage in a myriad of other forms of professional misconduct,” the Center for Prosecutor Integrity stated in a 2013 report. “When these persons later seek redress, they encounter denial, resistance, and delays. More often than not, their efforts to receive even an apology end in futile exasperation.” Prison Legal News Part 2: The flip side of a fair trial Maurice Possley and Ken Armstrong Tribune staff reporters On his first day as a prosecutor assigned to a trial courtroom at the Criminal Courts Building, Michael Goggin slid into the chair next to the judge's chambers and his shoes struck a most unusual object--a bathroom scale. "What's this?" Goggin recalls asking another prosecutor. "That's for the Two-Ton Contest," came the response. "The Two-Ton Contest?" Goggin replied, quizzically. More than two decades later, as Goggin, now a defense lawyer, recalls the moment, his original amazement is still apparent. There was an ongoing competition among prosecutors to be the first to convict defendants whose weight totaled 4,000 pounds. Men and women, upon conviction, were marched into the room and weighed. Because most of the defendants were African-American, Goggin recalls now, with no small degree of discomfort, the competition was described in less sensitive terms behind closed doors-"Niggers by the Pound." ….. It was an era where being politically correct meant being a part of Mayor Richard J. Daley’s Democratic machine. ….. It was a place where winning was so important and commonplace--Goggin's record in one courtroom was 58 wins, two losses and two hung juries--that the Two-Ton Contest evolved as another measure of success, with African-Americans as game tokens. And it was a time when some prosecutors hid evidence, overreached in courtroom argument, reneged on promises, sat idly by while their witnesses shaved the truth and, in some instances, were the unwitting pawns of unscrupulous law enforcement officers who concealed evidence or lied, according to a Tribune analysis of hundreds of cases. ….. More than 16 years after Goggin left the ranks of prosecutors to go into private practice in west suburban Oak Park, the Two-Ton Contest is long gone. Prosecutors no longer openly refer to the suburban courthouses in Markham and Rolling Meadows as "Darkham" and "Rolling Ghettos." And the team of three dozen prosecutors at 26th Street has grown to more than 200, with their ranks now including many minorities and women. But cheating, misconduct, and in a more subtle form, the racism of the 1970s still persist. ….. A Tribune study of homicide cases across the country revealed 381 reversals since 1963 for two of the most serious types of misconduct--using false evidence or concealing evidence suggesting innocence. ….. Chicago Tribune The Untouchables: America’s Misbehaving Prosecutors, And The System That Protects Them By Radley Balko Writer and Investigative Reporter, The Huffington Post 08/01/2013 Updated Aug 05, 2013 ….. Since the Supreme Court issued its decision in Connick v. Thompson in March 2011, several defense attorneys in New Orleans have responded by filing complaints against the city’s prosecutors. Leading the charge is Sam Dalton, a legal legend in New Orleans who has practiced criminal defense law in the area for 60 years. According to Dalton and others, not only have these recent complaints not been investigated, in some cases they have yet to hear receipt of confirmation months after they were filed. Even the head of the board concedes that significant barriers to accountability persist. Thompson is certainly aware of that. “These people tried to eliminate me from the face of the earth,” Thompson says of his own prosecutors. “Do you get that? They tried to murder me. And goddamnit, there have to be some kind of consequences.” ….. John Thompson’s case dealt with the issue of municipal liability. He couldn’t sue any of the prosecutors personally, but in theory, he could still go to federal court to sue the city or county where the prosecutors worked. But simply being wronged by a rogue prosecutor isn’t enough. He would also have to show that employees of the government entity he was suing routinely committed similar civil rights violations; that these violations were the result of a policy, pattern or practice endorsed by the city or county; and that the prosecutor’s actions were a direct consequence of those policies and practices. That’s a lot to prove, but municipal liability could bring some justice to people wronged by a flawed system. And if such lawsuits result in large awards, perhaps they could begin to apply some political pressure to policymakers and public officials to change their ways. But here, too, the federal courts have built a formidable legal moat around recompense for the wrongly imprisoned — and around indirect accountability for the prosecutors who put them away. Since 1976, only a narrow theory of municipal liability and the possibility of professional sanction remain as viable avenues to hold prosecutors accountable. And in an era where the prevailing criminal justice climate has been to find more ways to fill more prisons as quickly as possible, neither has done much of anything to deter misconduct. That’s generally true across the country, and it’s particularly true in Orleans Parish. ….. One of Thompson’s prosecutors, Assistant District Attorney James Williams, told the Los Angeles Times in 2007, “There was no thrill for me unless there was a chance for the death penalty.” Williams kept a replica electric chair on his desk. “It was hooked up to a battery, so you’d get a little jolt when you touched it,” recalls Michael Banks, one of Thompson’s attorneys. In 1995, Williams posed with this mini-execution chair in Esquire magazine. On the chair’s headboard, he had affixed the photos of the five men he had sent to death row, including Thompson. Of those five, two would later be exonerated and two more would have their sentences commuted. ….. RESURRECTION AND REFORM Back on St. Bernard Avenue, John Thompson is working with a plumber. Shareef Cousin is eating lunch. Five years ago, the two men co-founded Resurrection After Exoneration, a nonprofit organization that helps exonerees re-enter society. “John and I planned this whole thing on death row,” Cousin says. “We had cells right next to each other.” ….. Cousin had his own experience with the difficulties of re-entry. In 2008, shortly after he got out of prison, he pleaded guilty to using his boss’s identity to apply for and use some credit cards. “When I got out of prison, I had spent half my life behind bars,” Cousin says. “I was impressionable. I had some mental health issues that had gone untreated. And I had little money. Those aren’t excuses. But the experience made me more aware of the problems exonerees face when they get out. Especially the mental health aspects, which I think get overlooked. People understand that people first getting out may need money or housing. But doing time does things to people, even innocent people. If you don’t get your mind right, get some counseling, you could find yourself back in prison.” ….. “Stop showing pictures of the innocent and wrongly convicted,” Thompson says. “Start showing the faces of the people the real murderer kills later. And then let’s point out that when prosecutors conspire to convict the wrong man, they’re aiding and abetting those later crimes. Are we ready to address that?” Banks recalls a recent Innocence Project event where he met an exoneree whose daughter was just two weeks old when he went to prison. “He got out 23 years later. My own daughter is 23. I remember thinking how incredible it must have been to be released from prison and to have seen this woman, his daughter, now fully grown, whose entire life was really a timeline of his time behind bars.” ….. Thompson, who had two children at the time of his conviction, missed out on watching his kids grow up. “The families of the wrongly convicted, they’re victims too,” Thompson says. “Even if you get compensated for the time you did, they pay it to you annually. When you die, the checks stop coming, even if they haven’t paid what they owe you. You can’t pass it on to your family. Your kids don’t get compensated. So the longer they leave you in jail, the less they have to pay you.” ….. And yet despite his efforts, the final indignity may be that Thompson’s name is now attached to a Supreme Court decision that in all probability will make injustices like the one that befell him more likely, not less. “I’m scared to death for my kids,” Thompson says. “I’m scared for my grandkids. I’m scared for my country. I’ve been all over America talking about this. And I see nothing that says we’re ready to do something about this as a people.” The Huffington Post The Untouchables: America’s Misbehaving Prosecutors, And The System That Protects Them Radley Balko Writer and Investigative Reporter, The Huffington Post 08/01/2013 Updated Aug 05, 2013 ….. A CULTURE OF CONVICTION ….. In fact, there’s a growing body of empirical data showing that the legal profession isn’t really addressing prosecutorial misconduct at all. In 2003 ….. In 2010 ….. A 2006 review ….. A 2009 study ….. Most recently ….. …... It’s a huge racket.” The Huffington Post THE SCOTTSBORO BOYS The Scottsboro Boys were nine African-American teenagers accused in Alabama of raping two White American women on a train in 1931. The landmark set of legal cases from this incident dealt with racism and the right to a fair trial. The cases included a lynch mob before the suspects had been indicted, a frameup, all-white juries, rushed trials, and disruptive mobs. It is frequently cited as an example of an overall miscarriage of justice in the United States legal system. On March 25, 1931, several people were hoboing on a freight train traveling between Chattanooga and Memphis, Tennessee. Several white teenagers jumped off the train and reported to the sheriff that they had been attacked by a group of African-American teenagers. The sheriff deputized a posse comitatus, stopped and searched the train at Paint Rock, Alabama and arrested the African Americans. Two young white women also got off the train and accused the AfricanAmerican teenagers of rape. The case was first heard in Scottsboro, Alabama, in three rushed trials, in which the defendants received poor legal representation. All but 12-year-old Roy Wright were convicted of rape and sentenced to death, the common sentence in Alabama at the time for black men convicted of raping white women, … even though there was medical evidence to suggest that they had not committed the crime. ….. During the retrials, one of the alleged victims admitted fabricating the rape story and asserted that none of the Scottsboro Boys touched either of the white women. The jury found the defendants guilty, but the judge set aside the verdict and granted a new trial. The judge was replaced and the case tried under a more biased judge, whose rulings went against the defense. ….. The last surviving defendant died in 1989. ….. Wikipedia, the free encyclopedia Alabama Pardons Scottsboro Boys--Former Death Row Inmates On November 21, the Alabama Board of Pardons and Paroles unanimously voted to posthumously pardon Charles Weems, Andy Wright, and Haywood Patterson, three of the nine “Scottsboro Boys,” a group of black teenagers who were charged in 1931 of raping two white women. Eight of the nine defendants, including the three who were recently pardoned, were originally sentenced to death. The racial injustice of the case sparked protests and two U.S. Supreme Court decisions, one because the defendants did not receive adequate counsel and the other because no blacks were allowed to serve as jurors during the trials. The three who were recently exonerated were the last of the group who had not already been pardoned or had charges against them dropped. Legislation passed in Alabama earlier this year allowed the Board to grant posthumous pardons in cases involving racial or social injustice. ….. (“Scottsboro Boys Get Posthumous Pardon in 1931 Ala. Rape Case,” Reuters; N.Y. Times, November 21, 2013). Death Penalty Information Center RUBEN “HURRICANE” CARTER Celebrities Who’ve Been Wrongly Accused of Heinous Crimes By Chris Flynn 09.08.15 Ruben “Hurricane” Carter – Murder Ruben “Hurricane” Carter died in 2014 and was famous for his bouts in the boxing ring. He was wrongly accused of murdering a man in New Jersey and was eventually acquitted of the charges, but not after spending nearly two decades behind bars. ….. Pop culture references to this case include Bob Dylan’s song “Hurricane” and the film The Hurricane. ..... The Richest The Top Ten Wrongly Accused Athletes Ever Page 10 At the height of his boxing career, Rubin "Hurricane" Carter was convicted of murdering two men and one woman in June 1966. It took until 1985 before Carter was finally exonerated. ….. Judge Haddon Lee Sarokin ruled that Carter and John Artis had not received a fair trial. Sarokin ruled that the trial was based on "racism rather than reason...and concealment rather than disclosure." Carter and Artis' convictions came at the hands of an all-white jury. ….. Carter's exoneration was helped in part by a group of young Canadians. ..... He was the Executive Director of the Association in the Defense of the Wrongly Convicted from 1993 to 2005. He eventually resigned when the prosecutor of a wrongly convicted man was promoted to Judge. Bleacher Report Rubin (Hurricane) Carter, Boxer Found Wrongly Convicted, Dies at 76 By SELWYN RAAB Emma G. Fitzsimmons contributed reporting APRIL 20, 2014 Credit Associated Press Rubin (Hurricane) Carter, a star prizefighter whose career was cut short by a murder conviction in New Jersey and who became an international cause célèbre while imprisoned for 19 years before the charges against him were dismissed, died on Sunday morning at his home in Toronto. He was 76. The cause of death was prostate cancer ….. Mr. Carter was being treated in Toronto, where he had founded a nonprofit organization, Innocence International, to work to free prisoners it considered wrongly convicted. Mr. Carter was convicted twice on the same charges of fatally shooting two men and a woman in a Paterson, N.J., tavern in 1966. But both jury verdicts were overturned on different grounds of prosecutorial misconduct. The legal battles consumed scores of hearings involving recanted testimony, suppressed evidence, allegations of prosecutorial racial bias — Mr. Carter was black and the shooting victims were white — and a failed prosecution appeal to the United States Supreme Court to reinstate the convictions. ….. He attracted worldwide attention during the roller-coaster campaign to clear his name of murder charges. Amnesty International described him as a “prisoner of conscience” whose human rights had been violated. He portrayed himself as a victim of injustice who had been framed because he spoke out for civil rights and against police brutality. ….. A more complex picture was provided in accounts by Mr. Carter’s relatives and supporters, and by Mr. Carter himself in his autobiography, “The 16th Round,” published in 1974 while he was in prison. ….. “They can incarcerate my body but never my mind,” he told The New York Times in 1977, shortly after his second conviction. ….. On his final release from prison, Mr. Carter — ….. — moved to Toronto ….. He founded Innocence International in 2004 and lectured about inequities in America’s criminal justice system. His former co-defendant, Mr. Artis, joined the organization. In 2011 he published an autobiography, “Eye of the Hurricane: My Path From Darkness to Freedom,” written with Ken Klonsky and with a foreword by Nelson Mandela. In his last weeks he campaigned for the exoneration of David McCallum, a Brooklyn man who has been in prison since 1985 on murder charges. In an opinion article published by The Daily News on Feb. 21, 2014, headlined “Hurricane Carter’s Dying Wish,” he asked that Mr. McCallum “be granted a full hearing” by Brooklyn’s new district attorney, Kenneth P. Thompson. “Just as my own verdict ‘was predicated on racism rather than reason and on concealment rather than disclosure,’ as Sarokin wrote, so too was McCallum’s,” Mr. Carter wrote. ….. “To live in a world where truth matters and justice, however late, really happens, that world would be heaven enough for us all.” NY Times LOS ANGELES CITY COUNCILMAN RICHARD A. ALARCON The Untouchables: America’s Misbehaving Prosecutors, And The System That Protects Them By Radley Balko Writer and Investigative Reporter, The Huffington Post 08/01/2013 Updated Aug 05, 2013 ….. Courts most commonly deal with misconduct by overturning convictions. To get a new trial, however, a defendant must not only show evidence of prosecutorial misconduct, but must also show that without that misconduct the jury likely would have acquitted. ….. The Huffington Post EX-LOS ANGELES COUNCILMAN RICHARD ALARCON SENTENCED TO 120 DAYS IN JAIL FOR VOTER FRAUD, PERJURY October 14, 2014 DOWNTOWN LOS ANGELES (KABC) -- Former Los Angeles Councilman Richard Alarcon was sentenced on Tuesday to 120 days in jail for fraudulent voting and perjury. In addition to his stint in county jail, Alarcon was also sentenced to five years of home probation, 600 hours of community service and has been prohibited from holding office in the future. His wife, 49-year-old Flora Montes De Oca Alarcon, was sentenced to 400 hours of community service and five years of home probation for the same crimes. ….. ABC7 Case against ex-Councilman Richard Alarcon and wife Flora reversed on appeal By Dakota Smith, Posted: 01/20/16 Updated: on 01/20/2016 A state appellate court on Wednesday threw out the 2014 criminal convictions against former Los Angeles City Councilman Richard Alarcón and his wife, siding with attorneys who said the Alarcons didn’t get a fair trial. In a sweeping legal victory for the Alarcóns, the 2nd District Court of Appeal found Los Angeles Superior Court Judge George Lomeli erred in his instructions to the jury during the couple’s 2014 trial. ..... The ruling caps a six-year saga for the Alarcóns, who were accused of living outside the politician’s San Fernando Valley council district boundaries and lying about their residency on official documents. The case also highlights the difficulty in prosecuting residency cases of politicians. ….. After a monthlong trial in 2014, the jury returned seven guilty verdicts — four for Richard Alarcón and three for Flora Alarcón — but delivered not guilty counts on more than a dozen other charges. But the 2nd Court of Appeal ruling found Lomeli’s instructions to the jury unfairly helped the prosecution’s case. ….. The Alarcóns’ attorney, Richard Lasting, said the instructions given by Lomeli were requested by the prosecution. ….. Then-state Sen. Roderick D. Wright also was convicted in 2014 of living outside his district and lying about it during his 2008 run for senate. He later stepped down from the state Legislature and is appealing his conviction. ….. Los Angeles Daily News Fraudulent Voting, Perjury Convictions Of Richard Alarcon, Wife Overturned By Appeals Court January 20, 2016 ..... “I was pretty confident there had been a serious error in the jury instructions,” one of the Alarcons’ appellate attorneys, Amy Jacks, said after the appellate court panel’s opinion was released. She added that she was also “confident that the Court of Appeal would see the same error.” ..... CBS Los Angeles Richard Alarcon and wife to be retried on perjury, voter fraud charges By City News Service Posted: 11/04/16, 11:52 Updated: on 11/04/2016 Former Los Angeles City Councilman Richard Alarcón and his wife can be retried on voter fraud and perjury charges, a judge ruled today. Superior Court Judge George Lomeli made the ruling after an appeals court panel in January threw out felony convictions against the longtime San Fernando Valley politician and his wife. The judge encouraged both sides to resolve the case, saying a misdemeanor conviction would be a fair outcome. ..... In 2014, a jury found Alarcon and his wife guilty of lying about where they lived so that he could run for a City Council seat. Alarcon spent almost two months under house arrest and was barred from ever holding public office again. But in January, justices in California’s 2nd District Court of Appeal threw out the convictions, saying the judge had given improper jury instructions. Two months later, Alarcón, 62, announced he would run for Congress against Cardenas, who represents much of the east San Fernando Valley. Shortly afterwards, prosecutors announced their intention to retry Alarcon and his wife on the same four charges the appellate court overturned. Defense attorneys moved to have Lomeli throw out the case, a request the judge denied. ….. In July 2010, just before a grand jury indicted Alarcón and his wife, he said: “Because my wife owns two homes and we have stayed in both of them during the last four years, I can understand the confusion, but my permanent home has always been on Nordhoff Street (in Panorama City), regardless of where I may stay.” Los Angeles Daily News THE COURT OF APPEAL DECISION Filed 1/20/16 P. v. Alarcon CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO B260234 (Los Angeles County Super. Ct. No. BA397216) http://www.courts.ca.gov/opinions/nonpub/B260234.PDF CALIFORNIA SENATOR RODERICK D. WRIGHT State Sen. Roderick Wright sentenced for perjury, voter fraud Jean Merl and Patrick McGreevy SEPTEMBER 12, 2014 Democratic state Sen. Roderick D. Wright, convicted earlier this year on felony perjury and voting fraud charges, was sentenced Friday to 90 days in county jail and barred for life from holding public office. After turning down Wright's request for a new trial, Los Angeles County Superior Court Judge Kathleen Kennedy also sentenced the senator to three years' probation and 1,500 hours of community service. ….. Richard Alarcon, a former state legislator and Los Angeles City Councilman from east San Fernando Valley, and his wife were convicted on similar charges recently. ….. LA Times State Supreme Court refuses to review conviction of former Sen. Roderick Wright By City News Service Posted: 08/24/16 Updated: on 08/24/2016 The California Supreme Court refused on Wednesday to hear the case against former state Sen. Roderick Wright, who was convicted of lying about living outside the Inglewood-area district he was elected to represent. The state’s highest court denied a defense petition seeking its review of the case against Wright, who submitted his resignation from the Senate in September 2014, three days after he was sentenced. In May, a three-justice panel from California’s 2nd District Court of Appeal rejected the defense’s contention that there were errors in Wright’s trial in a downtown Los Angeles courtroom, along with the claim that insufficient evidence supported the jury’s finding that the former legislator acted with the requisite criminal intent. In a 30-page ruling, the appellate court justices found that the prosecution’s evidence strongly suggested that Wright had a fixed period of habitation at the home outside of his district and that he had “no fixed period of habitation” at an apartment at the property he owned inside his district and that it was “at most, a transitory step for him.” Wright was convicted in January 2014 of five counts of fraudulent voting, two counts of perjury by declaration and one count of filing a false declaration of candidacy. He was sentenced to 90 days in county jail and ordered to perform 1,500 hours of community service and serve three years on probation. At Wright’s sentencing hearing, Los Angeles Superior Court Judge Kathleen Kennedy said the former lawmaker’s “home, his domicile, his residence where he lived” was in Baldwin Hills, which is outside the Senate district Wright was elected to represent in November 2008. “He created a fiction that was his domicile,” the judge said of an Inglewood property Wright had owned for more than three decades. “It didn’t pass the smell test then and it doesn’t now.” The judge noted that the veteran Democratic politician is “no longer eligible to hold public office in the state of California because of the convictions here.” Wright surrendered in November 2014 to begin serving the jail term, but was released 70 minutes later due to jail overcrowding. Wright’s trial attorney, Winston Kevin McKesson, maintained that the senator had “followed the law,” telling jurors that the lawmaker had “established domicile” at the Inglewood property, where Wright’s stepmother was renting a unit from him. ..... Daily Breeze THE COURT OF APPEAL DECISION Filed 5/24/16 P. v. Wright CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE B260216 (Los Angeles County Super. Ct. No. BA361187) http://www.courts.ca.gov/opinions/nonpub/B260216.PDF BOOKS Until Justice Prevails: Los Angeles City Councilman Richard A. Alarcon is NOT GUILTY https://www.amazon.com/UNTIL-JUSTICE-PREVAILS-Angeles-Councilmanebook/dp/B00ZD35HYS/ref=sr_1_3?ie=UTF8&qid=1486612488&sr=83&keywords=Dari+Bates Turn On the Light: California Senator Roderick Wright is NOT GUILTY https://www.amazon.com/Turn-Light-California-Senator-Roderickebook/dp/B00TOJWNZ8/ref=sr_1_1?ie=UTF8&qid=1486612488&sr=81&keywords=Dari+Bates Prosecutorial Misconduct: People vs. Roderick D. Wright People vs. Richard A. Alarcon https://www.amazon.com/PROSECUTORIAL-MISCONDUCT-California-RoderickCouncilman-ebook/dp/B01BA9AHN4/ref=sr_1_2?ie=UTF8&qid=1486612488&sr=82&keywords=Dari+Bates https://www.amazon.com/s/ref=nb_sb_noss?url=search-alias%3Daps&fieldkeywords=Dari+Bates ETC. GOVERNMENT SURVEILLANCE FBI The FBI Indexes were a series of personnel databases used by the FBI before the adoption by the Bureau of computerized databases. They were based on paper index cards. They were used to track US citizens and others believed by the Bureau to be dangerous to national security. The indexes generally had different 'classes' of danger the 'subject' was thought to represent. General Intelligence Division Around the time of World War I and the First Red Scare, William J. Flynn of the Bureau of Investigation had J. Edgar Hoover … set up a General Intelligence Division. Hoover used his experience working as a library clerk at the National Archives to set up the system using extensive cross-referencing. The General Intelligence Division took files from the Bureau of Investigations (later renamed the Federal Bureau of Investigation) and 'systematized' them via index cards; according to Walker and contrary to evidence, the cards covered 200,000 people. ... But by 1939, Hoover had more than 10 million people 'Indexed' in the FBI's domestic file system. ... Although the GID was shut down in 1924 after objections from people such as William J. Donovan who called into question its constitutionality. ... Hoover and the FBI continued to expand the Index system for use by the agency, by Hoover, and by Hoover's political associates well into the 1970s. Today, the Index files covering untold numbers of Americans are still accessible by the FBI and its 29 field offices. Titles to numerous Index catalogs include: ... The Reserve Index, for influential people to be "arrested and held" in case of a national emergency; The Custodial Index, which included 110,000 Japanese Americans that were held in internment prison camps during WWII; The Sexual Deviant Index; The Agitator Index; The Communist Index; and The Administrative Index, which complied several other earlier indexes. Even though complete list of Index titles is currently unavailable, Hoover and the FBI used their Index system to catalog Native American and African American liberation movements during the 1960s and 1970s, as well as Vietnam War protesters and other college students. Whether or not this unconstitutional Index system was folded into the present day national security terrorist watchlist program is unclear. ….. Reserve Index/Security Index The Security Index itself was merged with the Agitator Index and the Communist Index. Renamed to the Reserve Index in 1960, this index included a Section A for teachers, doctors, lawyers, entertainers, and other people considered influential and not politically conservative. Hoover had Dr. Martin Luther King, Jr. added to the Reserve Index, Section A, in retaliation for his civil rights work and worldwide popularity. ... Renamed again to the Administrative Index (ADEX) in 1971, and allegedly discontinued in 1978, the records are still kept as inactive at FBI headquarters and 29 field offices. ... Administrative Index ADEX, or Administrative Index, lasted from 1971 to January 1978. It integrated the Security Index, the Agitator Index, and the Reserve Index. ... It was used to track people "considered to be a threat to the security of the country". ... ADEX had four 'categories'. ... Wikipedia, the free encyclopedia In 1975, few Americans had even heard of the National Security Agency. Created in 1952 as part of the Defense Department but with no written charter, the NSA’s primary mission is electronic intelligence gathering. ….. The NSA’s Project MINARET, created in 1969 to spy on peace groups and black power organizations, was the subject of some focus. ….. FBI Project MINARET was a sister project to Project SHAMROCK operated by the National Security Agency (NSA), which, after intercepting electronic communications that contained the names of predesignated US citizens, passed them to other government law enforcement and intelligence organizations. … Intercepted messages were disseminated to the FBI, CIA, Secret Service, Bureau of Narcotics and Dangerous Drugs (BNDD), and the Department of Defense. ….. Operating between 1967 and 1973, over 5,925 foreigners and 1,690 organizations and US citizens were included on the Project MINARET watch lists. NSA Director, Lew Allen, testified before the Senate Intelligence Committee in 1975 that the NSA had issued over 3,900 reports on the watch-listed Americans. ….. 1,650 U.S. citizens were targeted, including prominent anti-Vietnam War critics. U.S. Senator Howard Baker, civil rights leaders Martin Luther King, Jr. and Whitney Young, boxer Muhammad Ali, New York Times journalist Tom Wicker, the actress Jane Fonda and Washington Post humor columnist Art Buchwald were among those monitored. … ... Britain's intelligence agency Government Communications Headquarters (GCHQ) took part in the program, targeting several anti-Vietnam War dissidents such as Tom Hayden and Jane Fonda. The GCHQ handed over intercepted data of Americans to the U.S. government. … Wikipedia, the free encyclopedia The Supreme Court held that the Federal Government could not conduct electronic surveillance on citizens of the United States of America without a warrant in certain circumstances. (United States v. United States Dist. Ct. [United States vs. Keith] 407 U.S. 297 (1972)) AARC Library History Repeated: The Dangers of Domestic Spying by Federal Law Enforcement ….. The Federal Bureau of Investigation (“FBI”) has a long and sordid history of abusing its power to spy on innocent Americans. During the infamous J. Edgar Hoover administration, hundreds of thousands of Americans were unlawfully spied upon and harassed by FBI agents solely because of their political or religious views. Instead of learning from these prior mistakes, the FBI is repeating history. In the 1970s, Americans were shocked to learn about the FBI’s extensive surveillance, intimidation, and harassment of law-abiding citizens. In 1976, protective Guidelines on General Crimes, Racketeering Enterprise and Terrorism Enterprise Investigation (hereafter “Guidelines”) were instituted to end these illegal practices. The Guidelines were largely successful. All of that came to an end in 2002. When the ACLU learned that then-Attorney General Ashcroft planned on changing the Guidelines, the ACLU released a report documenting the FBI’s attempt to discredit and harass Dr. Martin Luther King, Jr., arguing that the Guidelines should not be changed. The report also served as a warning about what would happen if the Guidelines were relaxed. On May 30, 2002, then-Attorney General Ashcroft replaced the old Guidelines with a new set of Guidelines that removed protections and granted FBI agents broad spying powers. Now, five years after Attorney General Ashcroft unleashed the FBI, we know the FBI learned nothing from history. The FBI is again abusing its considerable investigatory powers to spy upon innocent Americans, particularly those who disagree with the current administration. We have once again entered into an era of unwarranted surveillance and harassment by the FBI. ….. In 1976, the Church Committee released its report on Intelligence Activities and the Rights of Americans. The extent of the FBI’s spying campaign was shocking: • Between 1960 and 1974, the FBI kept files on one million Americans, and investigated 500,000 so-called “subversives” – all without a single court conviction. ... In 1972 alone, the FBI opened 65,000 domestic intelligence files. … • The Church Committee found that intelligence collection programs naturally generate increasing demands for new data, and once the data has been collected, strong pressures are exerted to use it against the target. … The government often secretly spied upon citizens on the basis of their political beliefs, even when those beliefs posed no threat of violence or illegal acts. Groups and individuals were harassed and disrupted because of their political views and lifestyles. … • The FBI used intrusive techniques such as wiretaps, microphone “bugs,” surreptitious mail opening and breakins, sweeping in vast amounts of information about the personal lives, views, and associations of American citizens. … • Investigations were based on vague standards whose breadth made excessive collection of information inevitable. … • Unsavory and vicious tactics were employed by the FBI, including anonymous attempts to break up marriages, disrupting meetings, ostracizing people from their professions, and provoking target groups into rivalries that could have resulted in deaths. … • Intelligence agencies have served the political and personal objectives of presidents and other high officials. … Every administration from Franklin D. Roosevelt to Richard Nixon had “permitted, and sometimes encouraged, government agencies to handle essentially political intelligence.” … People often say that they have nothing to hide because they aren’t doing anything wrong. Having the FBI spy on them doesn’t make any difference to them. The Church Committee noted, however, that “[i]ntelligence activity. . .is generally covert. It is concealed from its victims and is seldom described in statutes or explicit executive orders. The victim may never suspect that his misfortunes are the intended result of activities undertaken by his government, and accordingly may have no opportunity to challenge the actions taken against him.” … The revelations from the Church Committee galvanized Congress to act and protect American citizens from FBI overreaching. ….. Clark Kerr is an example of a victim of the FBI’s covert activity. In the late 1950s and 1960s, Mr. Kerr was the president of the University of California (UC), and had served on several presidential advisory boards under Presidents Eisenhower, Kennedy and Johnson. When UC professors were asked to sign a loyalty oath to the United States, Mr. Kerr signed. Some professors refused. Mr. Kerr supported their right to refuse to sign the oath, thus earning the ire of the FBI. When UC’s 1959 English aptitude test for high school seniors asked the question “What are the dangers to a democracy of a national police organization, like the FBI, which operates secretly and is unresponsive to public criticism?” FBI director J. Edgar Hoover was livid. The campaign against Kerr went into high gear. The FBI campaigned successfully to destroy Clark Kerr’s career as UC President, and saw that he never received another presidential appointment. When President Johnson wanted to appoint Mr. Kerr as Secretary of Health, Education and Welfare, the FBI did a background check and reported damaging allegations against him the Bureau had already refuted. Kerr never received another presidential appointment. The FBI was also successful in destroying his career as UC President, despite repeated FBI investigations finding him loyal to the United States. Mr. Kerr thought he was just having a run of incredibly bad luck. He might never have known about the FBI’s efforts to destroy him except for the efforts of a reporter who sought information from the FBI. The FBI spent more than fifteen years and $1 million trying to suppress records of its unlawful undercover activities at the University of California and its campaign to fire Kerr. Finally, in 2002, this information was unearthed, and Mr. Kerr first learned about the FBI’s campaign. … ….. The Domestic Guidelines prohibited spying on religious and political activity unless there was a reasonable indication of criminal activity, or unless the FBI was following an investigatory lead. This reduced spying on innocent activity and forced the FBI to focus its resources where they were most useful. The Ashcroft Guidelines reversed course and allowed the FBI to attend any public meetings it desired. “For the purpose of detecting or preventing terrorist activities, the FBI is authorized to visit any place and attend any event that is open to the public, on the same terms and conditions as members of the public generally. No information obtained from such visits shall be retained unless it relates to potential criminal or terrorist activity.” … This was the same basis upon which the FBI sent agents into churches and other organizations during the civil rights movement, and then attempted to block the movement, suppress dissent, and protect the administration. ….. Although the Ashcroft Guidelines say that information obtained from such surveillance must relate to potential criminal or terrorist activity, it is unclear how broad or attenuated that relationship must be. The natural tendency is to gather as much information as possible, fitting together bits and pieces of information, many meaningless by themselves, to determine whether a pattern of criminal activity exists. … Therefore, the tendency will be to collect more information, rather than less, in the hopes some of this “innocuous” information will be helpful when it comes time to “connect the dots.” The fact that the ACLU FOIA requests found information that the FBI possessed on organizations that were not engaged in criminal activity demonstrates that the FBI is both collecting and keeping evidence collected, even though it bears no relation to criminal activity. ….. ACLU COINTELPRO COINTELPRO (a portmanteau derived from COunter INTELligence PROgram) was a series of covert, and at times illegal, … projects conducted by the United States Federal Bureau of Investigation (FBI) aimed at surveilling, infiltrating, discrediting and disrupting domestic political organizations. ….. FBI records show that COINTELPRO resources targeted groups and individuals that the FBI deemed subversive, … including anti-Vietnam War organizers, activists of the Civil Rights Movement or Black Power movement (e.g., Martin Luther King, Jr. and the Black Panther Party), feminist organizations, anti-colonial movements (such as Puerto Rican independence groups like the Young Lords), and a variety of organizations that were part of the broader New Left. FBI Director J. Edgar Hoover issued directives governing COINTELPRO, ordering FBI agents to "expose, disrupt, misdirect, discredit, neutralize or otherwise eliminate" the activities of these movements and especially their leaders. . … Under Hoover, the agent in charge of COINTELPRO was William C. Sullivan. … Attorney General Robert F. Kennedy personally authorized some of these programs. … Although Kennedy only gave written approval for limited wiretapping of King's phones "on a trial basis, for a month or so". … Hoover extended the clearance so his men were "unshackled" to look for evidence in any areas of King's life they deemed worthy. ….. Centralized operations under COINTELPRO officially began in August 1956 ….. An October 1956 memo from Hoover reclassified the FBI's ongoing surveillance of black leaders, including it within COINTELPRO, with the justification that the movement was infiltrated by communists. … In 1956, Hoover sent an open letter denouncing Dr. T.R.M. Howard, a civil rights leader, surgeon, and wealthy entrepreneur in Mississippi who had criticized FBI inaction in solving recent murders of George W. Lee, Emmett Till, and other blacks in the South. … When the Southern Christian Leadership Conference (SCLC) was founded in 1957, the FBI began to monitor and target the group almost immediately, focusing particularly on Bayard Rustin, Stanley Levison, and, eventually, Rev. Martin Luther King, Jr. ….. After the 1963 March on Washington for Jobs and Freedom, Hoover singled out King as a major target for COINTELPRO. Under pressure from Hoover to focus on King, Sullivan wrote: In the light of King's powerful demagogic speech. ... We must mark him now, if we have not done so before, as the most dangerous Negro of the future in this nation from the standpoint of communism, the Negro, and national security. ….. Amidst the urban unrest of July–August 1967, the FBI began "COINTELPRO–BLACK HATE", which focused on King and the SCLC as well as the Student Nonviolent Coordinating Committee (SNCC), the Revolutionary Action Movement (RAM), the Deacons for Defense and Justice, Congress of Racial Equality (CORE), and the Nation of Islam. … BLACK HATE established the Ghetto Informant Program and instructed 23 FBI offices to "disrupt, misdirect, discredit, or otherwise neutralize the activities of black nationalist hate type organizations". … A March 1968 memo stated the program's goal was to "prevent the coalition of militant black nationalist groups" ; to "Prevent the RISE OF A 'MESSIAH' who could unify...the militant black nationalist movement" ; "to pinpoint potential troublemakers and neutralize them before they exercise their potential for violence [against authorities]." ; to "Prevent militant black nationalist groups and leaders from gaining RESPECTABILITY, by discrediting them to...both the responsible community and to liberals who have vestiges of sympathy..."; and to "prevent the long-range GROWTH of militant black organizations, especially among youth." ….. This program coincided with a broader federal effort to prepare military responses for urban riots, and began increased collaboration between the FBI, Central Intelligence Agency, National Security Agency, and the Department of Defense. The CIA launched its own domestic espionage project in 1967 called Operation CHAOS. … A particular target was the Poor People's Campaign, a national effort organized by King and the SCLC to occupy Washington, D.C. The FBI monitored and disrupted the campaign on a national level, while using targeted smear tactics locally to undermine support for the march. ….. Official congressional committees and several court cases … have concluded that COINTELPRO operations against communist and socialist groups exceeded statutory limits on FBI activity and violated constitutional guarantees of freedom of speech and association. ….. The program was successfully kept secret until 1971, when the Citizens' Commission to Investigate the FBI burgled an FBI field office in Media, Pennsylvania, took several dossiers, and exposed the program by passing this material to news agencies. … Many news organizations initially refused to publish the information. Within the year, Director J. Edgar Hoover declared that the centralized COINTELPRO was over, and that all future counterintelligence operations would be handled on a case-by-case basis. … Additional documents were revealed in the course of separate lawsuits filed against the FBI by NBC correspondent Carl Stern, the Socialist Workers Party, and a number of other groups. In 1976 the Select Committee to Study Governmental Operations with Respect to Intelligence Activities of the United States Senate, commonly referred to as the "Church Committee" for its chairman, Senator Frank Church of Idaho, launched a major investigation of the FBI and COINTELPRO. Journalists and historians speculate that the government has not released many dossier and documents related to the program. Many released documents have been partly, or entirely, redacted. The Final Report of the Select Committee castigated conduct of the intelligence community in its domestic operations (including COINTELPRO) in no uncertain terms: The Committee finds that the domestic activities of the intelligence community at times violated specific statutory prohibitions and infringed the constitutional rights of American citizens. The legal questions involved in intelligence programs were often not considered. On other occasions, they were intentionally disregarded in the belief that because the programs served the "national security" the law did not apply. While intelligence officers on occasion failed to disclose to their superiors programs which were illegal or of questionable legality, the Committee finds that the most serious breaches of duty were those of senior officials, who were responsible for controlling intelligence activities and generally failed to assure compliance with the law.[1] Many of the techniques used would be intolerable in a democratic society even if all of the targets had been involved in violent activity, but COINTELPRO went far beyond that ... the Bureau conducted a sophisticated vigilante operation aimed squarely at preventing the exercise of First Amendment rights of speech and association, on the theory that preventing the growth of dangerous groups and the propagation of dangerous ideas would protect the national security and deter violence. ….. Wikipedia, the free encyclopedia MARTIN LUTHER KING JR. Martin Luther King, Jr. (January 15, 1929 – April 4, 1968), was an American Baptist minister, activist, humanitarian, and leader ….. ….. FBI director J. Edgar Hoover personally ordered surveillance of King, with the intent to undermine his power as a civil rights leader. … According to the Church Committee, a 1975 investigation by the U.S. Congress, "From December 1963 until his death in 1968, Martin Luther King Jr. was the target of an intensive campaign by the Federal Bureau of Investigation to 'neutralize' him as an effective civil rights leader.” … The Bureau received authorization to proceed with wiretapping ….. Hoover extended the clearance so his men were "unshackled" to look for evidence in any areas of King's life they deemed worthy. … The Bureau placed wiretaps on Levison's and King's home and office phones, and bugged King's rooms in hotels as he traveled across the country. … In 1967, Hoover listed the SCLC as a black nationalist hate group, with the instructions: "No opportunity should be missed to exploit through counterintelligence techniques the organizational and personal conflicts of the leaderships of the groups ... to insure the targeted group is disrupted, ridiculed, or discredited." … ….. In a secret operation code-named "Minaret", the National Security Agency (NSA) monitored the communications of leading Americans, including King, who criticized the U.S. war in Vietnam. … A review by the NSA itself concluded that Minaret was "disreputable if not outright illegal." ..… For his part, King adamantly denied having any connections to communism, stating in a 1965 Playboy interview that "there are as many Communists in this freedom movement as there are Eskimos in Florida". … He argued that Hoover was "following the path of appeasement of political powers in the South" and that his concern for communist infiltration of the Civil Rights Movement was meant to "aid and abet the salacious claims of southern racists and the extreme right-wing elements". … After King gave his "I Have A Dream" speech during the March on Washington on August 28, 1963, the FBI described King as "the most dangerous and effective Negro leader in the country”. It alleged that he was "knowingly, willingly and regularly cooperating with and taking guidance from communists" … Wikipedia, the free encyclopedia ACLU Releases Report on FBI Crusade Against Martin Luther King Jr.; Urges Ashcroft Not to Relax Spying Guidelines Drafted After Shameful Campaign January 17, 2002 WASHINGTON -- The American Civil Liberties Union today released a case study on the grim smear campaign waged by the government against Dr. Martin Luther King Jr., a study that comes on the heels of recent media reports that the Attorney General is considering relaxing guidelines on domestic spying put in place after the persecution of Dr. King and other political dissenters in the 1950s and 1960s. "J. Edgar Hoover's campaign to ruin Dr. King is one of the most shameful chapters in modern American history," said Laura W. Murphy, Director of the ACLU Washington National Office. "If Attorney General Ashcroft relaxes the restrictions against domestic political spying restrictions put in place specifically because of the federal abuse of Dr. King - he will run the clear risk of allowing the same inexcusable behavior to happen again and will have failed to do anything to make our nation any safer." ….. The Federal Bureau of Investigation began its smear campaign against Dr. King in the late 1950s under a secretive program entitled "Racial Matters." Over the next decade, the FBI engaged in concerted and illegal harassment and surveillance of Dr. King and other luminaries in the growing civil rights movement. The crusade to discredit Dr. King continued even after his death. Throughout this campaign, no credible evidence of wrongdoing existed to justify the FBI's activities. In response to revelations exposed by the 1976 Church Committee and other congressional investigations into governmental abuse, the Justice Department implemented a series of "Attorney General Guidelines" that limit the scope of acceptable surveillance and infiltration of religious and political organizations. However, late last year, the media reported that Attorney General Ashcroft is seriously weighing a loosening of these regulations, a move that would invite further government abuse on par with the smear campaign against Dr. King, the ACLU said. "Dr. King's legacy is not just the gains made toward political and social equality," said Marvin Johnson, an ACLU Legislative Counsel who wrote the King report. "His legacy is also an important reminder of the potential for abuse when a government with too long a leash seeks to silence voices of dissent." "If there is one lesson to be learned from this report," Murphy added, "it is that the consequences to the free speech rights of all Americans will be grave if the crucial Attorney General Guidelines are relaxed." ACLU THE DANGERS OF DOMESTIC SPYING BY FEDERAL LAW ENFORCEMENT A Case Study on FBI Surveillance of Dr. Martin Luther King Written by Marvin Johnson, Legislative Counsel Prepared by: American Civil Liberties Union Washington National Office Pages 6 and 7 ….. To discredit Dr. King, the FBI engaged in a mind-boggling smear campaign, most—if not all— of which would be illegal under the current guidelines that Attorney General Ashcroft seeks to relax. Among its tactics, the FBI: Prepared and distributed a report called “Communism and the Negro Movement – A Current Analysis.” The report, which was sent to various high-ranking government officials, was described by an assistant attorney general as a “personal diatribe ... a personal attack without evidentiary support on the character, the moral character and person of Dr. Martin Luther King, and it was only peripherally related to anything substantive.” … Tried to pit the religious community against Dr. King. In 1964, a FBI official spoke to the General Secretary of the National Council of Churches of Christ in hopes of tarnishing Dr. King’s reputation. Although not representative of many of its members, the General Secretary at the time seemed to have bowed to the enormous pressure of the FBI and assured the agency that “steps have been taken by the National Council of the Churches of Christ to make certain from this time on that Martin Luther King will never get ‘one single dollar’ of financial support from the National Council.” … Sought to derail a meeting it learned Dr. King planned with the Pope. In August 1964, a top FBI official ordered the agent in charge of the FBI’s New York office to contact Cardinal Francis Spellman on a “highly confidential basis” and impress upon the Cardinal the “likely embarrassment that may result to the Pope should he grant King an audience and King is later discredited.” … Despite the FBI’s efforts, the Pope chose to meet with Dr. King. Hoover scrawled across the memorandum informing him of that meeting “astounding,” and “I am amazed that the Pope gave an audience to such a [excised by FBI].” … Did its best to spoil Dr. King’s welcome, both at home and abroad, after he won the Nobel Peace Prize in 1964. Upon learning that Dr. King might meet with foreign leaders while he was in Europe to receive his Nobel Prize, FBI headquarters instructed FBI representatives abroad to brief the proper authorities about Dr. King. … Attempted to block his publications. After learning that Dr. King intended to publish an article in a major national publication, the FBI briefed an official of the magazine and received assurances that the magazine would “endeavor to assist” the FBI. While the magazine could not block publication because of a contractual agreement with Dr. King, the FBI’s contact did apparently bear some fruit. Dr. King wished to soften some of his criticism of other civil rights groups in his article to avoid friction, but the magazine resisted his efforts to make those changes. … Tried to limit Dr. King’s ability to raise funds for the SCLC. The FBI used covert operations to successfully block Dr. King from obtaining contributions from Teamster President James Hoffa. King wanted to avoid publicity for any of his meetings with Hoffa, but the Bureau notified reporters about the intended meeting. King decided it would be unwise to meet with Hoffa under those circumstances. A memorandum from field agent Robert Wick to Cartha DeLoach of the FBI’s Internal Security Division in November 11, 1966 stated: “our counterintelligence aim to thwart King from receiving money from the Teamsters has been quite successful to date.” … In another successful attempt to block King’s ability to raise funds, the FBI used “friendly news sources” to criticize King’s stance on the Vietnam War, publicizing “King as a traitor to his country and to his race.” These articles proved successful in reducing money raised from a series of shows given by Harry Belafonte to earn funds for the SCLC. … Finally, and perhaps most disturbingly, the FBI installed at least 15 hidden microphones in hotel rooms Dr. King occupied. … Arguing for the need for microphone coverage, the Chief of the FBI’s Internal Security Section wrote that the FBI was “attempting” to obtain information about “the [private] activities of Dr. King and his associates” so that Dr. King could be “completely discredited.” … More than 20 reels of tape were obtained during Dr. King’s stay in Honolulu and Los Angeles. Director Hoover agreed to send a copy of a memorandum describing the contents of the tapes to Attorney General Kennedy to: remove all doubt from the Attorney General’s mind as to the type of person King is. It will probably also eliminate King from any participation in [a memorial for President Kennedy which the Attorney General was helping to arrange]. … An FBI memorandum, for example, noted “[w]e are continuing to follow closely King’s activities and giving consideration to every possibility for future similar coverage that will add to our record on King so that in the end he might be discredited and thus be removed from his position of great stature in the Negro community.” … In November 1964, the FBI mailed a composite tape from the coverage of hotel rooms in Washington, D.C., San Francisco and Los Angeles to Dr. King. Included with the tape was a letter stating the tape would be released in 34 days and threatening “there is only one thing you can do to prevent this from happening.” Those who read the letter interpreted it as inviting Dr. King to commit suicide. … At the time the microphones were placed to eavesdrop on Dr. King, no notification to, or permission from, the Attorney General was required. … Today, both the domestic and foreign guidelines require more active participation of the Attorney General or his designee, and a court of competent jurisdiction must grant authorization. Thus, while microphone surveillance is not currently prohibited, it cannot be the product of a unilateral decision by the FBI as happened with Dr. King. ….. ACLU Assassination Conspiracy Trial About the Trial After four weeks of testimony and over 70 witnesses in a civil trial in Memphis, Tennessee, twelve jurors reached a unanimous verdict on December 8, 1999 after about an hour of deliberations that Dr. Martin Luther King, Jr. was assassinated as a result of a conspiracy. In a press statement held the following day in Atlanta, Mrs. Coretta Scott King welcomed the verdict, saying, “There is abundant evidence of a major high level conspiracy in the assassination of my husband, Martin Luther King, Jr. ….. The jury was clearly convinced by the extensive evidence that was presented during the trial that, in addition to Mr. Jowers, the conspiracy of the Mafia, local, state and federal government agencies, were deeply involved in the assassination of my husband. The jury also affirmed overwhelming evidence that identified someone else, not James Earl Ray, as the shooter, and that Mr. Ray was set up to take the blame. I want to make it clear that my family has no interest in retribution. Instead, our sole concern has been that the full truth of the assassination has been revealed and adjudicated in a court of law …. The King Center ETC. PRESIDENT NIXON’S ENEMY LIST Richard Milhous Nixon ... served as the 37th President of the United States from 1969 until his resignation in 1974, when he became the only U.S. president to resign from office. ….. Wikipedia, the free encyclopedia June 27, 1973: Dean Provides ‘Enemies List’ to Watergate Committee ….. December 21, 1974: New York Times Reveals CIA Spied on US Citizens for Decades ….. The Central Intelligence Agency (CIA) has repeatedly, and illegally, spied on US citizens for years, reveals investigative journalist Seymour Hersh in a landmark report for the New York Times. Such operations are direct violations of the CIA’s charter and the law, both of which prohibit the CIA from operating inside the United States. Apparently operating under orders from Nixon officials, the CIA has conducted electronic and personal surveillance on over 10,000 US citizens, as part of an operation reporting directly to then-CIA Director Richard Helms. In an internal review in 1973, Helms’s successor, James Schlesinger, also found dozens of instances of illegal CIA surveillance operations against US citizens both past and present (see 1973). Many Washington insiders wonder if the revelation of the CIA surveillance operations tie in to the June 17, 1972 break-in of Democratic headquarters at Washington’s Watergate Hotel by five burglars with CIA ties. Those speculations were given credence by Helms’s protests during the Congressional Watergate hearings that the CIA had been “duped” into taking part in the Watergate break-in by White House officials. ….. Helms himself indirectly confirmed the involvement of the Nixon White House, during his August 1973 testimony before the Senate Watergate investigative committee (see August 1973). ….. The domestic spying was carried out, sources say, by one of the most secretive units in CI, the special operations branch, whose employees carry out wiretaps, break-ins, and burglaries as authorized by their superiors. ….. History Commons June 27, 1973: Dean Provides ‘Enemies List’ to Watergate Committee Former White House counsel John Dean, continuing his testimony before the Senate Watergate Committee (see June 25-29, 1973), provides a sheaf of documents to the committee. Among those is the “Opponents List and Political Enemies Project,” informally called President Nixon’s “enemies list.” The list is actually a set of documents “several inches thick” of names and information about Nixon’s political enemies. It was compiled by a number of administration officials, including Dean, White House aides Charles Colson, Gordon Strachan, and Lyn Nofziger, beginning in 1971. ….. History Commons President Nixon kept an "enemies list" of those who criticized him. He had these enemies targeted for tax audits or trailed by private detectives, and hired the "plumbers" to stop leaks. Transcript Narrator: A sense of being under siege pervaded the White House, fueled by the leaks, the constant anti-war demonstrations and intensifying criticism in the press. In this atmosphere of "us versus them," Colson's office began an ever-expanding list of Nixon's critics, the "enemies list." Its object was to "screw our political enemies." Reporters and politicians, educators and entertainers were barred from the White House. Some were targeted for tax audits, others were trailed by private detectives. Charles Colson, Special Counsel to the President: And it was very shortly thereafter that Nixon authorized the "plumbers" and the creation of a special group to stop leaks and they began to take extra-legal steps and put into motion the mechanism which ultimately resulted in the downfall of the Administration. Narrator: In a White House memo regarding the "neutralization" of Daniel Ellsberg, the plumbers discussed how they might "destroy his public image and credibility." In search of damaging information about Ellsberg's private life, they arranged a break-in at the office of his psychiatrist. Egil Krogh, Jr., White House Aide: They apparently broke a window on the way in and, realizing that it could no longer be viewed as a covert operation, changed courses and decided to make it look as if it had been entered by a burglar looking for drugs or some other substances. Basically, they smashed up the office, took pictures of the damage. I was shocked at these pictures, went to see John Ehrlichman and he was, if anything, more shocked than I was and said, "Shut it down as of now." Narrator: The plumbers were eventually disbanded, but some of the agents were reassigned to work behind the scenes for the newly-formed Committee to Re-Elect the President. PBS The official purpose, as described by the White House Counsel’s Office, was to "screw" Nixon's political enemies, by means of tax audits from the Internal Revenue Service, and by manipulating "grant availability, federal contracts, litigation, prosecution, etc."… In a memorandum from John Dean to Lawrence Higby (August 16, 1971), Dean explained the purpose of the list: “This memorandum addresses the matter of how we can maximize the fact of our incumbency in dealing with persons known to be active in their opposition to our Administration; stated a bit more bluntly—how we can use the available federal machinery to screw our political enemies. …..” Wikipedia, the free encyclopedia THE IRS JOHNNIE WALTERS Former IRS chief recalls defying Nixon David Dykes, The Greenville (S.C.) News May 26, 2013 ….. Johnnie Mac Walters remembers being pressured more than 40 years ago to do what he considered unthinkable. ….. In the early 1970s, when embattled President Richard Nixon sought to use the Internal Revenue Service as a weapon to investigate his enemies, the administration turned to Walters, a Hartsville, S.C., native and head of the tax agency, to do the dirty work. Walters, now 93, said he refused. ….. Walters said he was stunned in 1972 when White House counsel John Dean gave him an envelope containing an "enemies list" of about 200 prominent Democrats. The election was approaching and he understood that the White House wanted the Democrats "investigated and some put in jail" ….. Walters, in disbelief, walked out with the enemies list. A couple of days later, he showed the list to Secretary of the Treasury George Shultz, his boss, and said that in his opinion the IRS should do "absolutely nothing" with it. Shultz glanced at the list, threw it back across his desk and indicated that Walters should lock it up in his safe and do nothing further ….. He personally sealed the list, locked it in the safe and told no one at the IRS he had it. "We did not touch a single person on that list," he said. Nominated by Nixon, Walters was IRS commissioner from Aug. 6, 1971, to April 30, 1973. Walters said that some months after he got enemies list, Dean and John Ehrlichman, Nixon's domestic adviser, testified before a congressional committee that the White House had given it to him. Walters said he immediately called someone he had known for years, Larry Woodworth, executive director of the Joint Tax Committee, and gave the list to him, still sealed. Woodworth agreed to keep the list, Walters said. "In my opinion, of all the things I did for IRS while commissioner, the most important one was to deliver that enemies list sealed to Larry Woodworth …. "Because then we could say with absolute certainty that IRS never began any audit or investigation of any name on that list because of the list." It also kept him out of jail ….. "He was a courageous and ethical man who understood the functions of government and of his agency and the importance to the agency of what he did," William Sessions, former director of the FBI, said of Walters. ….. Walters and Shultz "were under enormous pressure to bend and they didn't," ….. USA Today Johnnie M. Walters, I.R.S. Chief Who Resisted Nixon’s Pressure, Dies at 94 By DOUGLAS MARTIN JUNE 26, 2014 Johnnie M. Walters in 1972, at a hearing by a House panel. Credit United Press International Johnnie M. Walters, a commissioner of the Internal Revenue Service under President Richard M. Nixon who left office after refusing to prosecute people on Nixon’s notorious “enemies list,” died on Tuesday at his home in Greenville, S.C. He was 94. ….. Nixon had fired his first I.R.S. commissioner, Randolph W. Thrower, for resisting White House pressure to punish political opponents. Mr. Thrower, who served from 1969 to 1971, died at 100 in March. ….. Mr. Walters had not been told of Nixon’s other job requirements, as revealed in a White House conversation recorded on May 13, 1971. ….. Mr. Walters failed to follow this script — which was unknown to him — when John W. Dean III, the White House counsel, summoned him to his office on Sept. 11, 1972. Mr. Dean handed him the “enemies list” of 200 people, most prominent Democrats, whom he wanted investigated. “I was shocked,” Mr. Walters said in a 1997 interview with The Washington Post. “John, do you realize what you’re doing?” he remembered saying. “If I did what you asked, it’d make Watergate look like a Sunday school picnic.” But Mr. Dean was emphatic, he recalled, saying, “The man I work for doesn’t like somebody to say ‘no.’ ” ….. By Sept. 15, Nixon had been told of Mr. Walters’s reluctance to follow instructions. “Why the hell did we promote him?” H. R. Haldeman, the White House chief of staff said, according to a tape. Nixon told Mr. Dean, “You’ve got to kick Walters’s ass out first and get a man in there.” The president added that Mr. Shultz needed to make sure that Mr. Walters left if he wanted to keep his own job. ….. Mr. Walters testified to various committees investigating alleged Nixon misdeeds. He left office in April 1973. ..… NY Times Johnnie Walters, IRS commissioner under President Richard M. Nixon, dies at 94 By Emily Langer June 26, 2014 In a recorded conversation in the Oval Office on May 13, 1971, Richard M. Nixon laid out for his aides the job qualifications for the next commissioner of the Internal Revenue Service. “I want to be sure he is a ruthless son of a bitch, that he will do what he’s told, that every income tax return I want to see I see, that he will go after our enemies and not go after our friends,” the president told H.R. Haldeman and John D. Ehrlichman, according to a transcript published years later in The Washington Post. “Now it’s as simple as that. If he isn’t, he doesn’t get the job.” ….. Mr. Walters said he did not know of the president’s demands when he became commissioner on Aug. 6, 1971. Once in office, by all accounts, he refused to participate in the administration’s attempts to use the tax agency for political purposes — most notably, to intimidate through audits or threatened audits the individuals on the Nixon “enemies list.” ….. Mr. Walters took office at a time of particular consternation among Nixon administration officials. They had found his predecessor — Randolph W. Thrower, who died in March at 100 — insufficiently cooperative with their efforts to make appointments and intimidate adversaries. ….. “Johnnie has been a disappointment,” Dean said in a Sept. 15, 1972, conversation in the Oval Office. “Well, he’s going to be out,” Nixon replied. “He’s finished.” Mr. Walters served as IRS commissioner through April, 30, 1973, and then returned to private law practice. “The very base of the democratic way of life and the republican form of Government,” he told Time magazine in 1974, “is built on the self-assessment tax system. Now if you louse that up, and it was loused up by those people, we don’t have a democracy.” …. Washington Post GEORGE SHULTZ SHULTZ'S WAY Ronald Steel Published: January 11, 1987 ….. Shultz has known how to operate at that court with striking success. A university economist unknown to Richard Nixon when he was brought in as Secretary of Labor in 1969, he soon became one of that President's closest and most trusted advisers. His steady doggedness, his mastery of detail and, most important of all at the court of the Presidency, his loyalty - first to Nixon then to Reagan - has allowed him to survive attack both from inside the bureaucracy and from without. Only in one area has he seriously drawn the line - on issues that he thinks compromise his principles. When he was Secretary of the Treasury, he tangled twice with Nixon: first when the President complained that he should not have his income tax return audited, and second when Nixon pressured Shultz to use the Internal Revenue Service to punish those on the President's enemies list. Shultz stood firm, and Nixon fumed to his aide, John Dean: ''What does that candyass think I sent him over there for?'' ….. NY Times DONALD ALEXANDER IRS Chief Successfully Fought Efforts To Use Tax Audits Against Nixon Foes By Patricia Sullivan Washington Post Staff Writer Friday, February 6, 2009 Donald C. Alexander, 87, the Internal Revenue Service commissioner who successfully fought the Nixon administration's attempts to use tax audits and investigations to punish its political enemies ….. Mr. Alexander ran the IRS from 1973 to 1977, when the agency came under severe public scrutiny for its earlier role in investigating political opponents and radicals on the far right and left. Mr. Alexander, a prominent tax lawyer when he took the IRS job, learned the day after his swearing-in of a secret band of IRS investigators who combed through the tax returns of 3,000 "notorious" groups and 8,000 individuals. Within three months, he ordered the unit disbanded, saying that political views "extremist or otherwise, are irrelevant to taxation," he wrote in a 1999 editorial for the publication Tax Notes. "The evening of the same day, President Nixon made his first effort to fire me." Mr. Alexander refused to launch tax audits of those on Nixon's infamous "enemies list," blocked an effort by the Agriculture Department to obtain the tax returns of all American farmers and sharply curtailed IRS participation in federal investigations into drug trafficking, organized crime and white collar crime. He repeatedly urged Congress to stiffen taxpayer confidentiality laws, which it did in 1976. He later said restrictions on seeing tax returns were so lax that the IRS ran virtually "a lending library" of private tax data, and governors sometimes were shown tax records of their opponents. Washington Post THE ENEMIES From Facts on File, Watergate and the White House, vol. 1, pages 96-97. The "Opponents List and Political Enemies Project" turned over to the Senate committee, Dean said, was compiled beginning in 1971 by various Administration officials and was frequently updated. ….. 'Political Opponents' Dean provided this updated "master list" of political opponents to the committee. The list was prepared by Colson's office, Dean said. Senators--Birch Bayh, J. W. Fulbright, Fred R. Harris, Harold Hughes, Edward M. Kennedy, George McGovern, Walter Mondale, Edmund Muskie, Gaylord Nelson, William Proxmire. Members of the House--Bella Abzug, William R. Anderson, John Brademas, Father Robert F. Drinan, Robert Kastenmeier, Wright Patman. Black congressmen--Shirley Chisholm, William Clay, George Collins, John Conyers, Ronald Dellums, Charles Diggs, Augustus Hawkins, Ralph Metcalfe, Robert N.C. Nix, Parren Mitchell, Charles Rangel, Louis Stokes. Miscellaneous politicos--John V. Lindsay, mayor, New York City; Eugene McCarthy, former U.S senator; George Wallace, governor, Alabama. Organizations Black Panthers, Hughie (Huey) Newton Brookings Institution, Lesley Gelb and others Business Executives Move for VN Peace. Herb Niles, national chairman, Vincent McGee. executive director Committee for an Effective Congress. Russell Hemingwav Common Cause, John Gardner, Morton Halper, Charles Goodell, Walter Hickel COPE, Alexander E Barkan Council for a Livable World, Bernard T. Feld, pr idem: professor of physics. MIT Farmers Union, NFO Institute of (for) Policy study Richard Barn, Marcus Raskin National Economic Council, Inc National Education Association, Sam M. Lambe president National Student Association, Charles Palm president National Welfare Rights Organization, George Wiley Potomac Associates, William Watts SANE, Sanford Gottleib Southern Christian Leadership, Ralph Abernathy; Third National Convocation on the Challenge of Building Peace, Robert V Roosa, chairman Businessmen's Educational Fund. Labor Karl Feller president, International Union United Brewery. Flour, Cereal, Soft Drink and Distillery Workers, Cincinnati Harold J. Gibbons, international vice preside Teamsters A F Grospiron, president, Oil, Chemical Atomic Workers International Union, Denver Matthew Guinan, president, Transport Work. Union of America, New York City Paul Jennings, president, International Union Electrical, Radio & Machine Workers, Washington D.C. Herman D. Kenin, vice president, AFL-CIO. D Lane Kirkland, secretary-treasurer. AFL-CIO (we must deal with him) Frederick O'Neal. president. Actors and Artists America, New York City William Pollock, president, Textile Workers Union of America, New York City Jacob Potofsky general president, Amalgam. Clothing Workers of America, New York City Leonard Woodcock, president, United Auto Workers, Detroit Jerry Wurf, international president, American Federal, State, County and Municipal Employ Washington D.C. Nathaniel Goldfinger, AFL-CIO I. W. Abel, Steelworkers Media Jack Anderson, columnist, "Washington Merry-Go-Round" Jim Bishop, author, columnist, King Features Syndicate Thomas Braden, columnist, Los Angeles Times Syndicate D.J.R. Bruckner, Los Angeles Times Syndicate Marquis Childs, chief Washington correspondent, St. Louis Post Dispatch James Deakin, White House correspondent, St. Louis Post Dispatch James Doyle, Washington Star Richard Dudman, St. Louis Post Dispatch William Eaton, Chicago Daily News Rowland Evans Jr., syndicated columnist, Publishers Hall Saul Friedmann, Knight Newspapers, syndicated columnist Clayton Fritchey, syndicated columnist Washington correspondent. Harpers George Frazier, Boston Globe Pete Hamill, New York Post Michael Harrington, author and journal member, executive committee Socialist party Sydney Harris, columnist, drama critic and writer of 'Strictly Personal,' syndicated Publishers Hall Robert Healy, Boston Globe William Hines, Jr., journalist. science education, Chicago Sun-Times Stanley Karnow, foreign correspondent, Washington Post Ted Knap, syndicated columnist, New York Daily News Edwin Knoll, Progressive Morton Kondracke, Chicago Sun Times Joseph Kraft, syndicated columnist, Publishers Hall James Laird, Philadelphia Inquirer Max Lerner, syndicated columnist, New York Post: author, lecturer, professor (Brandeis University) Stanley Levey, Scripps Howard Flora Lewis syndicated columnist on economics Stuart Loory, Los Angeles Times Mary McGrory, syndicated columnist on New Left Frank Mankiewicz, syndicated columnist Los Angeles Times James Millstone, St. Louis Post Disptach Martin Nolan, Boston Globe Ed Guthman, Los Angeles Ttmes Thomas O'Neill, Baltimore Sun [died in April 1971] John Pierson, Wall Street Journal William Prochnau, Seattle Times James Reston, New York Times Carl Rowan, syndicated columnist, Publishers Hall Warren Unna, Washington Post, NET Harriet Van Home, columnist, New York Post Milton Viorst, reporter, author, writer James Wechsler, New York Post Tom Wicker, New York Times Gary Wills. syndicated columnist, author of "Nixon-Agonistes" The New York Times Washington Post St Louis Post Dispatch Jules Duscha, Washingtonian Robert Manning, editor, Atlantic John Osborne, New Republic Richard Rovere, New Yorker Robert Sherrill, Nation Paul Samuelson, Newsweek Julian Goodman, chief executive officer, NBC John Macy, Jr,, president, Public Broadcasting Corp, former Civil Service Commission Marvin Kalb, CBS Daniel Schorr, CBS Lem Tucker, NBC Sander Vanocur, NBC Celebrities Carol Channing, actress Bill Cosby, actor Jane Fonda, actress Steve McQueen, actor Joe Namath, New York Giants [Jets]; business; actor Paul Newman, actor Gregory Peck actor Tony Randall actor Barbra Streisand, actress Dick Gregory [comedian] Businessmen Charles B Beneson, president, Beneson Realty Co. Nelson Bengston, president, Bengston & Co. Holmes Brown, vice president, public relations, Continental Can Co. Benjamin Buttenweiser, limited partner, Kuhn, Loeb & Co. Lawrence G. Chait, chairman Lawrence G. Chait & Co., Inc. Ernest R. Chanes, president, Consolidated Water Conditioning Co. Maxwell Dane, chairman, executive committee, Doyle, Dane & Bernbach, Inc. Charles H. Dyson, chairman, the Dyson-Kissner Corp. Norman Eisner, president, Lincoln Graphic Arts. Charles B. Finch, vice president, Alleghany Power System, Inc. Frank Heineman, president, Men's Wear International. George Hillman, president, Ellery Products Manufacturing Co. Bertram Lichtenstein, president, Delton Ltd. William Manealoff, president, Concord Steel Corp. Gerald McKee, president, McKee, Berger, Mansueto. Paul Milstein, president, Circle Industries Corp. Stewart R. Mott, Stewart R. Mott, Associates. Lawrence S. Phillips, president, Phillips-Van Heusen Corp. David Rose chairman, Rose Associates. Julian Roth senior partner, Emery Roth & Sons. William Ruder, president, Ruder & Finn, Inc. Si Scharer, president, Scharer Associates, Inc. Alfred P. Slaner, president, Kayser-Roth Corp. Roger Sonnabend, chairman, Sonesta International Hotels. Business Additions Business Executives Move for Vietnam Peace and New National Priorities Morton Sweig, prsident. National Cleaning Contractors Alan V. Tishman, executive vice president, Tishman Realty & Construction Co., Inc. Ira D. Wallach, president, Gottesman & Co., Inc. George Weissman,, president, Philip Morris Corp. Ralph Weller, president, Otis Elevator Company Business Clifford Alexander, Jr., member, Equal Opportunity Commission; LBJ's special assistant Hugh Calkins, Cleveland lawyer, member, Harvard Corp Ramsey Clark, partner, Weiss, Goldberg, Rifkind, Wharton & Garrison; former attorney general Lloyd Cutler, lawyer, Wilmer, Cutler & Pickering. Washington, D.C. Henry L. Kimelman, chief fund raiser for McGovern. president, Overview Group Raymond Lapin, former president, FNMA; corporation executive Hans F. Loeser, chairman, Boston Lawyers' Vietnam Committee Robert McNamara, president, World Bank; former Secretary of Defense Hans Morgenthau, former US. attorney in New York City (Robert Morgenthau). Victor Palmieri, lawyer, business consultant, real estate executive, Los Angeles. Arnold Picker, Muskie's chief fund raiser; chairman executive committee, United Artists Robert S. Pirie, Harold Hughes' chief fund raiser: Boston lawyer. Joseph Rosenfield, Harold Hughes' money man; retired Des Moines lawyer. Henry Rowen, president, Rand Corp., former assistant director of budget (LBJ) R Sargent Shriver, Jr., former US. ambassador to France; lawyer, Strasser, Spiefelberg, Fried, Frank & Kempelman, Washington, D.C. [1972 Democratic vice presidential candidate] Theodore Sorensen, lawyer, Weiss, Goldberg, Rifkind, Wharton & Garrison, New York. Ray Stark, Broadway producer. Howard Stein, president and director, Dreyfus Corporation. Milton Semer, chairman, Muskie Election Committee; lawyer, Semer and Jacobsen George H. Talbot, president, Charlotte Liberty Mutual Insurance Co. ; headed anti-Vietnam ad Arthur Taylor, vice president, International Paper Company [presently CBS president] Jack Valenti, president, Motion Picture Association. Paul Warnke, Muskie financial supporter, former assistant secretary of defense Thomas I. Watson, Jr., Muskie financial supporter; chairman, IBM Academics Michael Ellis De Bakey, chairman, department of surgery, Baylor University; surgeon-in-chief, Ben Taub General Hospital. Texas Derek Curtis Bok, dean, Harvard Law School [presently Harvard president] Kingman Brewster, Jr., president, Yale University. McGeorge Bundy, president, Ford Foundation. Avram Noam Chomsky, professor of modern languages, MIT Daniel Ellsberg, professor, MIT. George Drennen Fischer, member, executive committee. National Education Association J. Kenneth Galbraith, professor of economics, Harvard Patricia Harris, educator, lawyer, former US. ambassador; chairman welfare committee Urban League Walter Heller, regents professor of economics, University of Minnesota Edwin Land, professor of physics, MIT. Herbert Ley, Jr., former FDA commissioner; professor of epidemiology, Harvard. Matthew Stanley Meselson, professor of biology, Harvard Lloyd N. Morrisett, professor and associate director, education program, University of Calif Joseph Rhodes, Jr., fellow, Harvard; member, Scranton commission on Campus Unrest Bayard Rustin, civil rights activist; director, A. Philip Randolph Institute, New York. David Selden, president, American Federation of Teachers. Arthur Schlesinger, Jr., professor of humanities, City University of New York Jeremy Stone, director, Federation of American Scienlists Jerome Wiesner, president, MIT. Samuel M. Lambert, president, National Education Association Internet Archive WayBack Machine ..... “* A memo dated Sept. 14, 1971 from Dean to Haldeman aide Lawrence Higby, submitted to the Committee, included three persons not shown on either list of 20 or the larger master list. Those selected by Dean for inclusion were: Eugen Carson Blake (per request) [General Secretary World Council of Churches] Leonard Bernstein (per request) [ Conductor/ Composer ] Tom Wicker (New York Times) Clark Clifford (Clifford) [former Secretary of Defense]” Colorado June 27, 1973: Dean Provides ‘Enemies List’ to Watergate Committee ….. “1. Arnold M. Picker, United Artists Corp., NY. Top Muskie fund raiser. Success here could be both debilitating and very embarrassing to the Muskie machine. If effort looks promising, both Ruth and David Picker should be programmed and then a follow through with United Artists.” ... “3. Ed Guthman, managing editor, Los Angeles Times: Guthman, former Kennedy aide, was a highly sophisticated hatchetman against us in ‘68. It is obvious he is the prime mover behind the current Key Biscayne effort. It is time to give him the message.” “4. Maxwell Dane, Doyle, Dane and Bernbach, NY: The top Democratic advertising firm—they destroyed Goldwater in ‘64. They should be hit hard starting with Dane.” ….. “8. Morton Halperin, leading executive at Common Cause: A scandal would be most helpful here.” “9. Leonard Woodcock, UAW, Detroit, Mich.: No comments necessary.” “10. S. Sterling Munro Jr., Sen. [Henry Jackson’s aide, Silver Spring, Md: We should give him a try. Positive results would stick a pin in Jackson’s white hat.” ….. “12. Sidney Davidoff, New York City, [New York City Mayor John V.] Lindsay’s top personal aide: a first class SOB, wheeler-dealer and suspected bagman. Positive results would really shake the Lindsay camp and Lindsay’s plans to capture youth vote. Davidoff in charge.” “13. John Conyers, congressman, Detroit: Coming on fast. Emerging as a leading black antiNixon spokesman. Has known weakness for white females.” “14. Samuel M. Lambert, president, National Education Association: Has taken us on vis-a-vis federal aid to parochial schools—a ‘72 issue.” [Facts on File, 6/2003] Committee chairman Sam Ervin (D-NC) is clearly outraged by the list, and particularly by Lambert’s inclusion. He says, “Here is a man listed among the opponents whose only offense is that he believed in the First Amendment and shared Thomas Jefferson’s conviction, as expressed in the Virginia Statute for Religious Freedom, that to compel a man to make contributions of money for the dissemination of religious opinions he disbelieves is sinful and tyrannical. Isn’t that true?” Dean replies, “I cannot disagree with the chairman at all.” [Time, 7/9/1973] History Commons Nixon’s Drug War, An Excuse To Lock Up Blacks And Protesters, Continues Mar 23, 2016 Erik Sherman, Contributor Opinions expressed by Forbes Contributors are their own. ….. Dan Baum’s mention of his interview with John Ehrlichman, counsel and Assistant to the President for Domestic Affairs under Nixon ..... The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. ..... But given Nixon’s paranoia, his grudges and enemies list, his administration’s assault on the democratic process, his well-documented racism, his willingness to lie and cheat and break laws and destroy people, and the administration’s speed to implement subsequent cover-up, taking the statement on face value seems much more sensible. After all, the Nixon campaign embraced the so-called southern strategy of playing on the prejudices of southern whites to gain votes because black Americans tended to back for Democrats. When Ehrlichman called blacks and those opposing the war enemies, he meant it literally. They were political enemies that could potentially help keep Nixon out of office. And so, the United States government developed a major policy, with massive implications on spending and societal impact, to declare that two classes of people should be destroyed, locked up if possible, for the convenience and pleasure of people in power. The justice system was warped into a private enforcer. In the U.S., money becomes power, and that is a fact of history. So long as any economy needs concentrations of resources to attain anything, there will be disparities. But that type of practical recognition of some having more, some having less is different than systemic income inequality that—first, last, and always—is an attempt to enthrone the chosen few, cloaking them in power, on the backs of everyone else. ..... Money gets transferred to the prison industry and law enforcement, politicians distract concerns by pointing out the “criminal” element. People find their lives and potentials swept away after generations of racial segregation and being locked out of opportunities available to others. ….. Imprisonment, used as a state-enforced policy of racial punishment, has taken a heavy toll on personal economics. Taking into account the number of African-Americans locked away in prison, the black unemployment rate is effectively undercounted by an additional 7 percent. Even now, as the concept of marijuana legalization expands, African-Americans continue to face arrest at much higher rates than other races, even in states where laws have changed, according to an analysis by the Center on Junvenile and Criminal Justice. Arrest means a harder time getting a job, impossibility of school loans, fines, and, often, jail time, which is an enormous lost opportunity. And yet, the country is slow to recognize how much it has targeted and continues to target those with the fewest resources to protect themselves. Once the machine starts, it keeps moving out of inertia and, over time, injustice seems normal. ….. Forbes ETC. TERRORIST SCREENING DATABASE Who Is Watching the Watch Lists? By SUSAN STELLIN NOV. 30, 2013 GOVERNMENTS wade into treacherous waters when they compile lists of people who might cause their countries harm. As fears about Japanese-Americans and Communists have demonstrated in the past, predictions about individual behavior are often inaccurate, the motivations for list-making aren’t always noble and concerns about threats are frequently overblown. ….. What’s more, the government refuses to confirm or deny whether someone is on the list, officially called the Terrorist Screening Database, or divulge the criteria used to make the decisions — other than to say the database includes “individuals known or suspected to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism and terrorist activities.” Even less is known about the secondary watch lists that are derived from the main one ….. For people who have landed on these lists, the terrorist designation has been difficult to challenge legally — ….. ….. The government says that revealing this type of information would jeopardize national security. …. In another case, Latif v. Holder, 13 American citizens who have been denied boarding on flights are seeking removal of their names from any watch list, as well as the reasons they have been banned and an opportunity to rebut any derogatory information. “People who are accused of being enemy combatants at Guantánamo have the ability to challenge their detention, however imperfect that now is,” said Hina Shamsi, a lawyer with the American Civil Liberties Union, which is representing the plaintiffs. “It makes no sense that people who have not actually been accused of any wrongdoing can’t challenge” their inclusion on a watch list. ..... Reports by the Government Accountability Office and other oversight agencies have raised concerns about how people are nominated to be on the terrorist watch list, the accuracy of information in the database and the effectiveness of procedures to remove or correct inaccurate records. ….. NY Times How to Land on the Government Watch List By Cristen Conger Getting off a Government Watch List ….. If you're sure that you aren't a terrorist and don't have any intentions of becoming one, there is a redress process that can get you downgraded or removed from the watch list. Just contact the relevant federal agency and file a redress complaint. For example, if you're having trouble at the airport, contact the Transportation Security Administration and complete the paperwork for their Department of Homeland Security redress program. Then, the information will be passed along to the TSC's Redress Unit that evaluates any necessary changes. From January 2005 to February 2007, 35 percent of people who complained were kept on the list, while 45 percent were either granted a lowered security level or removal from the list [source: U.S. Department of Justice]. To get through the process, you'll also need some patience because the average wait time for resolving a complaint is 67 days [source: U.S. Department of Justice]. ….. How Stuff Works 7 Ways That You (Yes, You) Could End Up On A Terrorist Watch List Nick Wing 07/25/2014 Updated Jul 25, 2014 ….. But then if you were to be mistakenly added to a list, you probably wouldn’t know — unless it stopped you from flying. The government has been extremely secretive about the names on the various watch lists. If you were to learn that you were wrongly placed on a watch list, good luck getting off it. As Scahill and Devereaux reported, you can file a complaint with the Department of Homeland Security’s Traveler Redress Inquiry Program, which begins a review “that is not subject to oversight by any court or entity outside the counterterrorism community.” And if you were to get your name removed from the watch list, the intelligence agencies aren’t even obligated to inform you of your updated status. Helpful. The secretive nature of the terror watch lists has come under court scrutiny recently. A federal judge ruled in June that the government must develop a new process under which individuals can challenge their inclusion on the no-fly list. The judge found the current process “wholly ineffective.” Huffington Post ETC. TRANSPARENCY BILL COSBY UNDER GOVERNMENT SURVEILLANCE ….. Centralized operations under COINTELPRO officially began in August 1956 ….. The program was successfully kept secret until 1971 ….. Within the year, Director J. Edgar Hoover declared that the centralized COINTELPRO was over, and that all future counterintelligence operations would be handled on a case-by-case basis. … Wikipedia, the free encyclopedia The FBI Indexes ….. They were used to track US citizens and others believed by the Bureau to be dangerous to national security. ….. General Intelligence Division ….. Even though complete list of Index titles is currently unavailable, Hoover and the FBI used their Index system to catalog Native American and African American liberation movements during the 1960s and 1970s, as well as Vietnam War protesters and other college students. Whether or not this unconstitutional Index system was folded into the present day national security terrorist watchlist program is unclear. ….. Reserve Index/Security Index The Security Index itself was merged with the Agitator Index and the Communist Index. Renamed to the Reserve Index in 1960, this index included a Section A for teachers, doctors, lawyers, entertainers, and other people considered influential and not politically conservative. Hoover had Dr. Martin Luther King, Jr. added to the Reserve Index, Section A, in retaliation for his civil rights work and worldwide popularity. ... Renamed again to the Administrative Index (ADEX) in 1971, and allegedly discontinued in 1978, the records are still kept as inactive at FBI headquarters and 29 field offices. ... Administrative Index ADEX, or Administrative Index, lasted from 1971 to January 1978. It integrated the Security Index, the Agitator Index, and the Reserve Index. ... It was used to track people "considered to be a threat to the security of the country". ... ADEX had four 'categories'. ... Wikipedia, the free encyclopedia History Repeated: The Dangers of Domestic Spying by Federal Law Enforcement ….. The Federal Bureau of Investigation (“FBI”) has a long and sordid history of abusing its power to spy on innocent Americans. During the infamous J. Edgar Hoover administration, hundreds of thousands of Americans were unlawfully spied upon and harassed by FBI agents solely because of their political or religious views. ….. ACLU Richard Milhous Nixon ... served as the 37th President of the United States from 1969 until his resignation in 1974, when he became the only U.S. president to resign from office. ….. Wikipedia, the free encyclopedia From Facts on File, Watergate and the White House, vol. 1, pages 96-97. The "Opponents List and Political Enemies Project" turned over to the Senate committee, Dean said, was compiled beginning in 1971 by various Administration officials and was frequently updated. ….. Celebrities Carol Channing, actress Bill Cosby, actor Jane Fonda, actress Steve McQueen, actor Joe Namath, New York Giants [Jets]; business; actor Paul Newman, actor Gregory Peck actor Tony Randall actor Barbra Streisand, actress Dick Gregory [comedian] ..... Internet Archive WayBack Machine Bill Cosby Was Hounded By President Nixon WENN 1 May 2000 American funnyman Bill Cosby and his wife CAMILLE spent years being hounded by PRESIDENT Richard Nixon - ….. Camille says, "In 1965, Bill was the first African-American to have a leading dramatic role on television, and there was pressure on him to do certain things... We were harassed. Our phones were tapped. We had the FBI at our house and visiting him at the studio. "We found out later, when Richard Nixon became president, he had put Bill on his enemies list. ..." IMDB 19 WTF Facts That Will Make You Extremely Upset 01/31/2014 Updated Jan 31, 2014 ….. President Richard Nixon hated Bill Cosby and allegedly had the FBI wiretap him. Camille Cosby, Bill Cosby’s wife since 1964, revealed to Oprah that her family was audited four times in one year ….. Huffington Post In Stand-Up and Sitcoms, Nonchalantly Blazing a Path Bill Cosby, in Mark Whitaker’s New Biography By DWIGHT GARNER Credit Alessandra Montalto/The New York Times SEPT. 22, 2014 …… Richard M. Nixon was frightened enough of his reach, and of his support of civil rights causes, that he put Mr. Cosby on his enemies list. NY Times ETC. LIFETIME ACTIVIST Activist Someone who takes part in activities that are intended to achieve political or social change … MacMillan Dictionary The Complicated Comedy Career of Bill Cosby A new book explores the life of one of the most impactful comedians ever. By Rico Gagliano September 18, 2014 “Rico Gagliano: But he was always having to kind of prove himself, his bona fides, to both audiences… Mark Whitaker: He was, but, you know, he stood his ground. He took heat for this from the very beginning. “Why aren’t you being more political?” Basically, his position, with his comedy, with the character he played on “I Spy,” He said, look, I’m going to make more of a statement by, first of all, showing people what they have in common rather than their differences. And also making the point that you don’t have to conform to this stereotypical model of either the Black comedian and entertainer just shuffling and dancing for a White audience or, you know, kind of being angry at them in order to succeed.” “Mark Whitaker: … People had told Cosby, “You gotta play the Apollo.” And he had been sort of arrogant about it. He had said, you know, “Come see me at Madison Square Garden.” But, after [Martin Luther] King is assassinated, he decides he has to go play the Apollo. And his first night they can’t even fill the hall. He asked the promoter, guy named Pete Long, what happened. He said, “In Harlem, this community, they see you on TV playing a spy… They think you work for The Man.” ….. Mark Whitaker: He’s a sidekick to a white guy! And who is this guy? And anyway, so, the fact was that Cosby, privately, was a big supporter of civil rights, and he had asked that all the proceeds from that concert be donated to Malcolm X’s widow. So he basically said, “Put the word out on the street that I’m a real brother.” And once that word went out to the Black community, and also his white fans from downtown found out he was playing the Apollo, the house was packed.” Dinner Party Download Dr. Huxtable vs. Mr. Cosby: Who Is the Real Bill Cosby? By BRYAN ROBINSON Feb. 25, 2005 ….. For his entire career, Cosby has championed the improvement of African-Americans through his comedy routines, his TV series and scholarships he has provided for black colleges. ….. ABC News How Bill Cosby Took Down Bill Cosby By Robert Huber December 7, 2014 ….. He has given a great deal of himself to his school and his city, and it feels as if he has always been here, with us — a child of the projects who made good. ….. Philly Mag I SPY In Stand-Up and Sitcoms, Nonchalantly Blazing a Path Bill Cosby, in Mark Whitaker’s New Biography By DWIGHT GARNER SEPT. 22, 2014 Credit Alessandra Montalto/The New York Times …… He was the first black man to star in a television drama, alongside Robert Culp in “I Spy,” which ran from 1965 to 1968. ….. Mr. Whitaker quotes Stanley Karnow, writing in Time, about the show’s impact: “For the first time, a Negro stars in a TV series — and he won’t sing, dance or play the second banana. ….. NY Times The Golden Age Of Blacks In Television: The Late 1960s ….. When I Spy premiered, NBC officials seemed pleased that only three stations—in Savannah and Albany, Georgia, and Daytona Beach, Florida—refused to carry the show. It was seen, however, on 180 other stations covering 96 percent of the country. The casting of Bill Cosby was a bold decision by producer Sheldon Leonard. ….. Casting Cosby as Alexander Scott, the tennis trainer and traveling companion of Culp's character, fellow agent Kelly Robinson, broke the color line as had no series in TV history. ….. I Spy was also an important program for other black actors. Many African-American performers played dramatic roles in the series. ….. The Bill Cosby Show, which ran for two years, 1969-1971. … featured a unmarried black character as its lead, as Cosby portrayed Chet Kincaid, a high school track coach and a bachelor. ….. On the surface Chet Kincaid handled the problems faced by other heroes of situation comedy: …... Kincaid shook hands in a traditional way, never spoke in slang terms, and seemed equally at ease with wealthy whites and poor blacks. ….. Kincaid was black and self-confident. He might be pictured with a Ray Charles record album, or with a photograph of Martin Luther King, Jr. on the wall of his apartment. He courted attractive black women and worked with underprivileged children. ….. From the jazz musical score which occurred throughout the show, to the Afro coiffure and casual dress which typified Kincaid's appearance, the series was a statement about black life, an endorsement of the middle-class, educated black man who has not deserted the inner-city but moves gracefully between both worlds. Through his character, Cosby served to defang the contemporary familiar image of riotous blacks. He also suggested to minority viewers still in poverty that they were not forgotten by those who had obtained an education and credentials to operate in the wider, primarily white society. ….. So, with a cast integrated with blacks, whites, Asians, and Latinos, Cosby told an interviewer that the series sought to tell "an American story." According to Cosby, who was also executive producer of the series: "I'm aware that the show will have a negative meaning for people who are really militant about any story with a black person in it—black viewers included. But you can still pick a guy's pocket while he's laughing, and that's what I hope to do." ….. J Fred MacDonald/BAW TV BLACK HISTORY: LOST, STOLEN, OR STRAYED TV In The Age Of Urban Rebellion ….. Further, in the wake of the assassination of Martin Luther King, Jr., and the national wave of urban violence it precipitated, civil rights surpassed Vietnam as the most pressing national concern. In this atmosphere, the three commercial networks focused public affairs programming on the African-American situation. At no time was this scrutiny more intensely noticeable than during the summer months [1968]. ….. During this period of what Variety termed "video's rush to black," each network produced at least one distinguished series surveying a wide variety of relevant topics. None was more striking than the seven-part CBS production, Of Black America! This series had a two-fold purpose: to illustrate to white viewers the ramifications of chronic American racism, and to show African American their legitimate place in the United States and in the world. The first goal was accomplished most powerfully in the premier broadcast, "Black History: Lost, Stolen, or Strayed?" With Bill Cosby narrating in a tone of understated impatience, viewers encountered the distortions of black history so long accepted by the white majority. Cosby quoted historical inaccuracies from one of the most popular college textbooks. He raised to consciousness the names of black achievers that history books seldom mentioned. But most memorably, Cosby presented a lengthy procession of excerpts from Hollywood films illustrating the dehumanizing stereotypes of African Americans that Caucasian moviegoers had accepted for so long. This montage of vintage film clips was an indictment of Hollywood motion pictures and American culture. Here was the white child actress, Shirley Temple, standing fearlessly in the face of danger and giving commands while a shuffling black man stood trembling and babbling nonsense. Here were the racist distortions of more than a century—the watermelon-eaters, chicken-stealers, razor-toters, dancin' and grinnin' darkies, coons, Uncle Toms, mammies, and pickaninnies. These offensive caricatures were usually portrayed by decent African-American actors. But since they were the only images acceptable in motion pictures produced for white audiences, they were the only roles open to black actors in Hollywood, and the principal selfimages and role models black citizens were asked to accept in motion pictures. However, juxtaposing these older film segments with scenes from Guess Who's Coming to Dinner—a recent motion picture in which Sidney Poitier played a young physician in love with the beautiful daughter of a liberal white couple—the program suggested that a new world was in the process of being born. "Black History: Lost, Stolen, or Strayed?" hit a responsive chord with the American public. Its writers, Perry Wolff and Andy Rooney received Emmy awards. The episode was so well received that CBS reran it in prime time three weeks later. The program was later sold on 16 mm film to high school and college film libraries and is still seen by thousands of students yearly. ….. J Fred MacDonald/BAW TV THE COSBY SHOW The World According to THE COS LAWRENCE CHRISTON December 10, 1989 PAGE 1-6 NEW YORK — It doesn't mean anything if you can't take what you know and make America a better place. --Bill Cosby ….. "Forty years later, the guys on the corner have changed. It isn't cheap wine anymore, it's cheap crack. It isn't a switch-blade knife anymore, it's guns that can fire 30 bullets in a second. It's changed too because there are so many more. We do need in this country more behavioral scientists; the United States of America needs to address itself to mental sickness. "This is not new. I hear people in their 60s and 70s talk about how you couldn't walk through Little Italy in 1939. What kind of behavior is that when you know nothing about a person or his religious belief, but because he doesn't live in your three-or-four-block radius you can send him home bloody and beaten? Where does that hatred come from? ….. "I think we've overburdened our religions, forced them to carry the ball. But the people in religion don't want interference from the behavioral scientists. There's an antagonism between religion and science. It shouldn't be there, but you see it, for example, in the disbelief of the notion that Eve was African." ….. "It has to do with money and power, and of course the lower economic people who have no power, except their identification with the underdog. I see this antisocial behavior out there, which is growing and growing and growing. Look what's happening in education. You have teen-agers who have no idea why they're afraid to study or push themselves academically. It's easy to blame other people, or the government, for having no faith in yourself, or having low self-esteem. But the expression of our mass psychosis is in our antisocial behavior. I know that's a broad spectrum shot, but when you have a mob jump two kids coming out of a frat house, and they don't even know them; or when a bunch of guys rape a woman in the park and it's not even about money, it shows that there's a large number of people out there who condone this. ….. “This country governmentally thinks we still need slaves," he said. "In terms of capitalism itself, if you have poor people, that's how you make money. You have a group of people you want to keep working for less; the way to achieve that is not to educate them. But in the long run, what does that really achieve? A weakening of our strongest commodity: Human beings. As long as you have a lower economic class of young people believing that what's hip is not to study--as you see manifested and reinforced in the music--and that all you want out of life is to party and 'be me,' you may have a class of people not satisfied with what they do, but they won't be able to do anything about it. Even if we have to put in our schools more courses in religion and human behavior, we have to find ways to convey self-strength. We've gotta get that to our children." ….. But what of the criticism of "The Cosby Show" as a sanitized, '50s-style white show in blackface? "My first defense is that the show is about Americans," Cosby said. "We happen to be the only people an interviewer feels comfortable asking, 'Are you Afro-American first, or black, and then American?' What do you mean 'and then?' Should I say, 'Are you a white guy before you're an American?' " Cosby was begging the same question of American identity that Nadine Gordimer pointed to in her statement on South Africa when she wrote, "The ego of South Africa is white." Is the ego of 1989 America still white? "A more basic question would be, 'Do you know yourself?' " Cosby said. He leaned forward toward his listener with the open, self-scrutinizing intensity normally reserved for one's mirror, and stroked his cheek with three fingers. "Living in this world, with this color of skin, there is no total rest, period. There is no total comfort . Period." ….. “I have a saying, 'African-Americans are the only people who do not have any good ol' days.' This Supreme Court will make it seem like 1970 was the good ol' days. But when you shovel a whole lot of folks back, the shovel will include white people too. There are tons of white Americans who organized for civil rights and marched in Washington in numbers that far exceed five guys who attacked two Jews, or the gang that attacked two blacks. There's more noise, the parade is bigger. But they're not as strong." ….. "This country is complex and difficult to read," he said. "There are subtle ways we see certain negatives reinforced for minorities and young people. The Village Voice five years ago had these black writers using curse words--deep four-letter stuff. How are they ever going to move over to the New York Times, the Washington Post or the Wall Street Journal carrying clips of that cornbread stuff? That's reinforcing the negative. Another example: one critic of the show said it was unrealistic. 'The problem is that they talk about college too much, which puts too much pressure on the kids.' What do you think that reinforces? Is it that difficult for you to set a goal for yourself, or solve a math problem? When's the last time we totally crumbled because we set a goal and couldn't make it? "It may seem I'm an authority because my skin color gives me the mark of the victim. But that's not a true label. I won't deal with the foolishness of racial overtones on the show. I base an awful lot of what I've done simply on what people will enjoy. I want to show a family that has a good life, not people to be jealous of. "….. I agree with critics who say it doesn't do enough. But the people who're viewing it are having a ball with it. We get thank-you letters from all over the U.S., Canada and Europe. I know I've got to go a distance with it." ….. LA Times NBC Bill Cosby’s Big Adventure By Nikki Finke January 6, 2015 Bill Cosby ….. Cos is poised to make a serious attempt at taking over NBC. … Extremely knowledgeable sources confide that America’s favorite comedian has linked his campaign with an elite management group and has hired Goldman Sachs to find financing for a serious run at NBC. Behind-the-scenes arrangements are proceeding for an offer in the $4 billion range. June 3 was the original target date for the offer to G.E. chairman Jack Welch. ….. One thing is clear: Cosby’s ambition is not financially motivated, but is fueled instead by specific creative, ideological, and even spiritual beliefs, a far cry from the M&A raids of the 80s. Cosby’s is a distinctly 90s campaign, a charismatic’s crusade rooted in the values of Martin Luther King and Jesse Jackson ….. “This particular activity has nothing to do with kingdoms or empires or money,” Cosby’s publicist, David Brokaw (son of Cosby’s longtime agent, Norman Brokaw), insisted during our conversations. “It has to do with the responsibility of the public trust in the media. It’s about the idea of putting some important values in front of the public. It has to do with the idea of presenting life as it really should be presented.” ….. Of all the rumored suitors for NBC, Cosby was never even mentioned before October 1992. Part of the reason for this and the Cosby-can’t-be-serious routine may be race and racism. ….. What seems nuts to black leaders such as Percy Sutton, onetime head of the N.A.A.C.P. in New York and founder of Inner City Broadcasting, is why anyone would wonder why Cosby wants NBC. “Communications are good for society to begin with, but especially for AfricanAmericans, who historically have not had access to tell their story, or to participate with others in telling the story of America,” Sutton explained. “So for Bill Cosby, someone of my community, someone who’s had my experiences [and] many of the indignities that have been inflicted on me, I understand why he would want to buy a network. Because I understand the value of that. Not just the commercial value but the psychic value.” .…. When The Cosby Show folded, the comic wanted to leave his network a legacy. ..... his next television venture, a sitcom targeted for the 1992–93 season. As the creative force behind Here and Now, Cosby poured all his social concerns into the new show, in which Warner played a young graduate student in psychology who volunteers as a counselor at a Manhattan youth center. As its executive producer, Cosby decided to fly the show solo, without Marcy Carsey and Tom Werner. He listed his executive-producer credit as Dr. William H. Cosby Jr., a telling gesture. Here and Now, Cosby hoped, would help stem the epidemic of adolescent violence that had become the leading cause of death for young African-American males aged 18 to 24. He even had a bible of sorts to follow—Deadly Consequences: How Violence Is Destroying Our Teenage Population and a Plan to Begin Solving the Problem, a book written by Dr. Deborah ProthrowStith, a former Massachusetts commissioner of public health and now assistant dean at the Harvard University School of Public Health. ….. NBC ordered 13 episodes of the new series, which was considered hot, a “can’t miss.” But miss it did, especially when it was scheduled at eight P.M. Saturdays—a time period when teen viewers are not to be found in front of their TV sets. Surely the man former NBC chairman Grant Tinker had once called “the 800-pound gorilla of television” could get a little thing like a time slot switched as payback for saving the network, right? Wrong. Cosby personally lobbied for the show to run at eight P.M. Thursdays (his old time slot), but the network didn’t budge. ….. The time slot wasn’t the only problem. ….. NBC programming honchos warned Cosby that the show had too much social relevance and not enough sitcom humor. “I don’t think they understood what he was trying to do. That’s what was coming back,” said a source close to Cosby. “What I was hearing was that network psychobabble that ‘we’ve got to be funny,’ whereas he was playing for context and texture and information. And my sense of it was that the network was trying to play the low road—shtick and stunts and low-grade black humor. And Bill said, ‘We’re not playing it like that.’ ” For Cosby, the whole process became a humiliation, culminating in Here and Now’s cancellation. ….. Some see the cancellation of Here and Now as the start of Cosby’s quest for the network. “He was feeling a kind of frustration that, as powerful as he was, and the experience he had, he wasn’t listened to,” said Poussaint. “And I think, yes, [that’s when it occurred to him] that if you own it, then you can control it and do what you want.” ….. On October 23, 1992, Daily Variety columnist Army Archerd broke the news that “Bill Cosby is interested in buying NBC, his agent Norman Brokaw confirmed.” ….. Cosby remained quiet until November, when he was inducted into the Academy of Television Arts and Sciences Hall of Fame. In his acceptance speech in Orlando, before every past, present, and future network V.I.P. (including NBC’s), Cosby railed against the fact that here it is 1992 and the programmers at the TV networks are still spewing sitcoms about blacks as caricatures— written by “driveby” white writers (who he says drive by black people on the streets and think they know about them). “Really and truly, The Cosby Show should have shown producers and writers something about our own people. I’m not talking about, as an African-American, our own people. But African-Americans as American people,” he lashed out. “But clearly none of these images happen to the kind of people that you can imagine graduating from college, or you can imagine working beside you in the steel mill and thinking seriously about their family, about their life, about their contribution to making a better United States of America and world. . . . “Now, I am not a person who believes that a white writer cannot write about African-Americans. They can. The point is, do they want to?” Cosby said indignantly. “I’m talking to people who are supposed to be my peers, and I’m saying to you all, and I’m begging you all now, stop this horrible massacre of images that are being put on this screen now. It isn’t fair. It isn’t fair to your children watching. Because that isn’t us. It isn’t us. It isn’t us. It isn’t us.” ….. On New Year’s Eve 1992, Cosby was the subject of a Wall Street Journal editorial. It praised his courage, saying, “We’d like to believe that someone, somewhere in that industry felt the force of the home truths delivered at that Hall of Fame induction ceremony—in particular, the final ones, which we think should be posted on the walls of Hollywood’s watering holes and network meeting rooms.” But someone was listening. In January 1993, Wussler (who had been looking seriously at NBC for more than a year) decided that Cosby, with his credibility and recognizability, was a perfect linchpin for the management group he was assembling for his own run at NBC. “Why wouldn’t he want a creative genius to help in the TV-entertainment sphere?” said a source close to the deal. Once joined, Cosby, Wussler, and company decided to go with Goldman Sachs, whom Cosby’s lawyers had previously chosen from all the interested investment banks. ..... Vanity Fair ETC. CALL OUTS More About Bill Cosby with Mark Whitaker An additional segment from Rico's interview with Mark Whitaker about his new biography of comedian Bill Cosby By Rico Gagliano September 18, 2014 Transcript: ….. Cosby is very aware of … what’s called institutional racism … and injustices. …. His fundamental view is you can wait around forever waiting for the system to change or you can do things about things that are in your own control. … Within the home what is in your control is what kind of a parent are you. Are you making sure that your kids get an education? Are you making sure they can speak proper English if they have to go on a job interview? … I think he is very angry about the conditions in parts of Black America. And, here’s why, over the course his lifetime relations between Whites and Blacks at the kind of Middle Class level have improved significantly. … And, I think that he’s played a big role in that … At the same time in that same life span, the conditions for the kinds of people whom he grew up with on the streets of North Philadelphia in the housing project have gotten worse … I think he finds that incredibly frustrating. …. He’s just telling the truth. But it’s a truth that he has believed his entire life. Dinner Party Download In a 2008 interview, Cosby mentioned Atlanta, Georgia; Chicago, Illinois; Detroit, Michigan; Oakland, California; Philadelphia, Pennsylvania; and Springfield, Massachusetts among the cities where crime was high and young African-American men were being murdered and jailed in disproportionate numbers. ….. Cosby has also been openly critical of conservative Republican politicians in regard to their views on socioeconomic and racial issues. In a 2013 CNN interview regarding voting rights, Cosby stated "this Republican Party is not the Republican Party of 1863, of Abraham Lincoln, abolitionists and slavery, is not good. I think it's important for us to look at the underlying part of it. What is the value of it? Is it that some people are angry because my people no longer want to work for free?" ….. Wikipedia, the free encyclopedia Comedian Bill Cosby and Ex-Offender Andres Idarraga Deliver Powerful Messages to Inmate Graduates ….. Thanks to his willingness to accept the invitation of Chief of Information and Public Relations Tracey Poole to speak at one of the RIDOC’s spring 2008 graduations, Bill Cosby brought an unprecedented level of interest and excitement to this year’s ceremonies. ….. Over the last few years, he has traveled the country to spread the word about the violence and lack of education faced by minority youth in the United States. He has been on a mission to help people think about raising children with more integrity and has traveled from city to city, lecturing about education, parenting and responsibility. In October 2007, he released a book, Come On People: On the Path from Victims to Victors, which explains the causes of the problem and gives advice on how to address it. As a follow up to his appearance at the Moran Facility ceremony, Dr. Cosby has offered to provide each of the RIDOC prison libraries with copies of that book. He charged the RIDOC nothing for his appearance, asking only for a bottle of water (glass, not plastic!) and a T-shirt from CCRI, which he wore during his visit. RIDOC Bill Cosby To Detroit Parents: “Prison System Is Waiting For Your Child” Written By smokey fontaine Blending commentary with comedy and criticism, Bill Cosby challenged Detroit parents to be more active in their children’s education and back an effort to improve the troubled public schools. The activist and entertainer said Tuesday that he supports the district’s emergency financial manager, Robert Bobb, and a campaign to retain the schools’ shrinking enrollment. Bobb and Cosby were scheduled to go door-to-door late Tuesday afternoon, to persuade parents to keep their children in, or return them to, the district. “This has a chance,” Cosby told reporters at a news conference. “And we’re going to knock on these doors because they weren’t open. And we’re going to talk to people to get them to understand the seriousness of a child left without a reason to understand math, without a reason to study and be able to understand English.” Bobb is pushing the district’s $500,000 student retention campaign called “I’m In.” It features 172 blue doors meant to welcome parents and students to the 172 district schools. Enrollment dropped below 100,000 last year, and Bobb has budgeted for 83,777 students this fall. Classes begin next Tuesday. Cosby said he became interested in working with Detroit Public Schools after learning of Bobb’s effort to clean up the district’s finances while improving education. Since Bobb was appointed in March by Gov. Jennifer Granholm, he has launched a number of audits, uncovering waste and fraud that has cost the district hundreds of thousands of dollars. He has closed 29 schools and laid off more than 1,000 teachers while cutting into a $259 million budget deficit. Restoring confidence in the district, which is among the worst in the nation in graduation and dropout rates, also is part of Bobb’s mission. Last month, he began visiting city neighborhoods, meeting with parents who had pulled their children from the district in favor of either private and charter schools or schools outside Detroit. But Cosby said parents can do a better job of ensuring their children get to school each day. “We’ve got to really speak to parents — in a way they can understand — that the prison system is smiling, waiting on your child,” he said. Cosby later entranced several dozen students during a round-table discussion. He listened to a flood of concerns that included family problems and truancy, then tried to motivate through sometimes blunt advice. Life and school promise opportunities and time to make decisions, Cosby said. “Not everybody in this room wants to be a doctor or a lawyer,” he said. “Have you ever thought about being a physical therapist? … Have you ever thought about an electrician? Just a plain, old, raggedy $75-an-hour electrician? How much is eight times $75? “You don’t know what you’re going to fall in love with until you’re exposed to it.” Newsone How Bill Cosby Took Down Bill Cosby By Robert Huber December 7, 2014 ….. For the previous two years, Cosby had been going all over the country — Detroit, Newark, Baltimore, Milwaukee — lecturing black people in difficult circumstances about taking responsibility for their problems, urging them to stop blaming others, to act. ….. During a long afternoon, Cosby lectured some 300 people in a convention hall in Greenwood, diving into the audience to ask questions and make demands — “You are not making sense. … You got to think, people ….. Philly Mag Dr. Huxtable & Mr. Hyde Who is Bill Cosby? What’s happened to the man who taught us to laugh at ourselves — and what do we do with him now? By Robert Huber June 9, 2006 ….. in a convention center in Greenwood, Mississippi. There are maybe 300 folks, overwhelmingly black … where Cosby has come to “call out” to the community, to talk direct and tough. ….. “Those of you who are living with someone on drugs,” … “you don’t even hide your stuff anymore, because they know where to look.” “How did she know to look in the washing machine for the money?” … After the call-out, Cosby sits in a private room, alone with one woman. ….. Unita Blackwell was born to sharecroppers during the Depression, not far from here. In her 30s, she plunged into the civil rights movement, and went on to become a small-town mayor and something of a local can-do legend; her memoir is coming out. Yet time and age — Unita’s 73 — have clouded the story of her youth. So now Cosby keeps asking questions, beginning with her early childhood: “Did you work in the fields?” “I didn’t really until I got older.” “How old?” “Oh, I was probably around eight, something like that.” “ … You said there were two of you.” “My sister … ” “Who was your sister?” ….. “Now, your mother did what?” “She would work in the fields.” “And raise the children … so you were eight years old, working in the fields, and — ” “That’s nothin’ new,” Unita reminds Bill Cosby. “That’s not what I’m talking about!” Cosby tells her. “Where I’m going with this, I’m looking at schooling. … Did your mother read to you? Did your mother give you mathematics? Who do you remember giving you something pertaining to education?” “I had an auntie,” Unita remembers vaguely. “Her name was Rosie. Aunt Rosie. The Bible … We didn’t have a lot of books. We were very poor.” She’s on the brink — this is what he’s looking for. Unita doesn’t need his help; she pulled out of poverty and ignorance a long time ago. But that’s exactly the point — for the next call-out, Cosby wants Unita up on stage with some others to tell that story, to tell her story the right way, how she took the little help given her and got somewhere herself. For the past two years, Bill Cosby, 68 years old, has been trying to fix people’s stories, all over the country. He’s dropped in on cities, mostly — Detroit, Newark, Baltimore, Milwaukee — staging these call-outs. Greenwood is a Delta town of 18,000 beset by poverty, drugs and despair. It’s a place where a big fertile yard is easy to come by, but not the wherewithal, or maybe the ambition, to do better than the shotgun shack falling down in the middle of it. His message is no different here. He’s trying to get America’s underclass to take responsibility, to act. Actually, given the sorry, and declining, state of lower-class blacks, it’s much more than that: Bill Cosby is trying to save them. That’s why he talks so firm, here in Greenwood, on giving in to a scourge like drugs: “He stole my car — that’s my child. He punched me in the face when I told him no more money. He pushed me down the steps. And you’re going to protect the drug dealer. … You are not making sense. … You got to think, people.” All told, Cosby will harangue and plead and hope for some six hours today before heading back down an 80-mile yellow tongue of highway that splits deep woods, down to Jackson and his Gulfstream jet. To Cosby, this is a mission, and he is giving the performances of his life (upcoming call-outs: D.C. and Kansas City and L.A.) in a bold attempt to grab the bootstraps of black America and give them a big, everlasting yank. ….. But he’s doing plenty of talking, and getting to the truth of other people’s stories. That’s why he came to the godforsaken Delta. That’s why, between call-outs, he kept right on working, grilling Unita Blackwell, pushing to the heart: how she pulled herself up from nothing. Because that’s the story all of them must hear. The only story that will inspire them to make their lives better. ….. On April 1st, Cosby and Dyson met up again in New Orleans. They both spoke at a march there — along with Jesse Jackson, Al Sharpton and other notables — to rally support for residents who’d been disenfranchised from voting in an upcoming mayoral election because they’d been relocated in the aftermath of Katrina. Except that Cosby had a different message: “I want to talk about before Katrina.” And he went on to point out that before the hurricane, New Orleans had the highest murder rate in the United States, 12- and 13-year-old girls were regularly becoming pregnant, and so forth. ….. ….. Back in Greenwood, Mississippi, on that Monday in late April, Bill Cosby works very hard into the evening, and uses every ounce of the “Bill Cosby” we love. During the second call-out, where half a dozen local folks tell stories of coming back from the excesses of drugs, sex, and violence, Quiana Head, a lovely 27-year-old hairdresser and youth director for a Christian organization, begins by saying she had a daughter when she was 14, that she’s “now 27 years young and did everything under the sun.” “What was under the sun?” Cosby wonders in mock innocence. “Everything,” Quiana admits. “I was madly in love with a married man.” “Look out!” “ … 11 years older than me … ” “WHOOOO … ” “I spent three days in Clayton County Jail.” “With him?” Cosby deadpans. The crowd is roaring. Then Quiana tells her story, but she isn’t doing it to Cosby’s satisfaction, because, as she tells it, she was a mess, and then she found Jesus. A simple segue. Cosby has to join her, center stage. “When you found out you were pregnant, how far ahead could you see?” he wants to know. “At 13, what were you ready for?” “Nothin’.” “At 13, do you have a job?” “No.” “This is a wonderful message that I want to go out to parents who are afraid to talk to their daughters. … But you’re skipping over the good parts. I want you to talk about how frightened your little behind was.” Cosby won’t let her off the hook. No, there’s more to the story, having a baby at 14, and finally Quiana tells the audience: “I didn’t become this little promiscuous kid just because I woke one day and became that. … I was sexually molested as a little girl for years.” “Now you’re telling it!” “I was a very angry kid. My mom was raising five children, working at a catfish farm.” “No, we didn’t hear about all this.” Oh, he is working so hard here, getting to the fundamental thing, the real thing, which is that Quiana did this herself. Got well herself. It was within her. And she goes on to say that her life was such a mess that — and Cosby knows there is another hurdle coming — she was suicidal, and cried herself to sleep with a loaded .25 on the bed next to her. The hurdle isn’t suicide, but Jesus. So now Cosby must massage the meaning of Jesus coming into her life — not for her, but for the greater audience: “Whatever Jesus was doing,” he says, “Jesus is in you. So as you were crying, something washed, and you looked at everything you were and had been, had been, because that night, it was over, Sis. It was over. You were ready to commit suicide. … The selfishness of yourself, to take your life, leave [your daughter] with your mother, and you cried, and it washed all of the foolishness out of you.” In other words, she did it. “And then,” Cosby allows, but it is clear this isn’t his driving idea, “the Jesus in you grew.” Quiana sits down. It is a beautiful, and dangerous, moment. Cosby pushed her, which was important. Then he told Quiana the meaning of her story. He did not try to take away her idea that Jesus was a big help, though he made it clear: If you’re going to go to Him, you’re not off the hook. And, of course, she’s just the proxy for his message to the crowd, and the public-radio audience in Mississippi listening in, and anybody who will watch the documentary being filmed here and now. Bill Cosby wants the world to know: Personal responsibility is the name of the game. ….. Meanwhile, Bill Cosby pushes on, with the will and defiance to ignore what amounts to the minutiae of a personal issue, a legal matter, when you consider what these women are saying against all he has accomplished, all that he is still trying to do, that he must do. When you consider it against being … Bill Cosby. That will and defiance, and the certainty that he’s got to spread his word, will keep echoing around arenas and halls and civic centers all over America. Which is beautiful. What a grand attempt! Late April in the Delta, close to the end of his final rallying speech, Cosby asks for everyone with a family member who’s been shot to stand up. A few do. “They have no business having guns! … When are we going to talk to our children? People have guns, and no practice range, so they hit children. … “Christians, you need to revisit salvation, and what Christ really is, in terms of you. Because Christ is in you. And if Christ is in you, then stop this madness. “I don’t think God intended you to sit on your behind.” ….. Philly Mag POUND CAKE SPEECH DR BILL COSBY SPEAKS at the 50th Anniversary commemmoration of the Brown vs Topeka Board of Education Supreme Court Decision Transcript kindly provided by Dr Bill Cosby’s public relations representatives. (Editor's note: Please understand that there may be some minor typographical inaccuracies resulting from audio to text software resolution issues.) Ladies and gentlemen, I really have to ask you to seriously consider what you’ve heard, and now this is the end of the evening so to speak. I heard a prize fight manager say to his fellow who was losing badly, “David, listen to me. It’s not what’s he’s doing to you. It’s what you’re not doing. (laughter). ….. Transcript kindly provided by Dr Bill Cosby’s public relations representatives. Rutgers Computing Services BILL COSBY RESPONDS TO THE MEDIA Statement from The Brokaw Company: Bill Cosby Responds to Media Criticism May 22, 2004, 01:00 ET from The Brokaw Company Los Angeles, May 22 /PRNewswire/ -- Bill Cosby says that media rumors that he has abandoned the African American lower economic community are grossly exaggerated. A report in the "Reliable Source" column of the Washington Post (5/19/04) reprinted in many newspapers across the country left out an important piece of information from Cosby's remarks at a gala in honor of the 50th anniversary of Brown V. Board of Education organized by the NAACP Legal Defense Fund in Washington DC last Monday. The article in the Post failed to mention that Mr. Cosby's remarks were specifically in context to addressing the epidemic of an estimated 50% of African American males in the inner city that are dropping out of school. The Post article inaccurately characterized Cosby's remarks as a general criticism of the black lower economic classes. Mr. Cosby explains that his comments were intended to be a call to action, to "turn the mirror around on ourselves." "I think that it is time for concerned African Americans to march, galvanize and raise the awareness about this epidemic to transform our helplessness, frustration and righteous indignation into a sense of shared responsibility and action." "I travel the country and see these patterns in every community-stories of 12 year old children killed in the cross fire between knuckleheads selling drugs, the 14 year olds with a sealed envelop as their first step into the criminal justice system, the young males who become fathers and not held responsible, the young women having children and moving back in with their mothers and grandmothers, and the young people who choose not to learn standard English." "My question: Is Bill Cosby hoping that the drop out rate will reach 70% soon and teenage single parenthood will grow to 80% in the lower economic neighborhoods? Or is he clanging a bell and warning that this is an epidemic that has to be stopped? Are we so worried about what others think about us that we are unwilling to address this disease that is inflecting our people more and more every day?" Mr. Cosby points out that media critics such as Christopher Farley at Time Magazine are flawed in their argument that African American literary greats such as Langston Hughes and Zora Hurston honored the dialects that Mr. Cosby criticized as a lack of language proficiency that further denies opportunity to inner city blacks. "Clearly, Mr. Farley did not speak in dialect on 'Good Morning America' nor would he probably have been hired by Time if he spoke that way. Secondly, someone should question Mr. Farley whether Mr. Hughes or Ms. Hurston knew standard English and chose to write in dialect." "I feel that I can no longer remain silent. If I have to make a choice between keeping quiet so that conservative media does not speak negatively or ringing the bell to galvanize those who want change in the lower economic community, then I choose to be a bell ringer." SOURCE: The Brokaw Company PR Newswire ETC. HONORING MARTIN LUTHER KING JR. ACLU Releases Report on FBI Crusade Against Martin Luther King Jr.; Urges Ashcroft Not to Relax Spying Guidelines Drafted After Shameful Campaign January 17, 2002 ..... The Federal Bureau of Investigation began its smear campaign against Dr. King in the late 1950s under a secretive program entitled "Racial Matters." Over the next decade, the FBI engaged in concerted and illegal harassment and surveillance of Dr. King and other luminaries in the growing civil rights movement. The crusade to discredit Dr. King continued even after his death. ACLU Bill Cosby Family Funny Man By Larry Kettlekamp 1987 P. 41-42 During the 1960s, much attention focused on the many demonstrations against racial prejudice. Many celebrities participated in these civil rights events, even risking arrest. Although Bill Cosby was not an activist, there was one event in which he became involved. On April 4, 1968, black minister and civil rights leader Martin Luther King, Jr., was shot and killed. On the day of the assassination Bill was playing in Kansas. The news shocked him. Bill started his last show of the night, thinking maybe it was best to follow the old rule “The show must go on.” But it was impossible for him to continue. The show was cut short. Later there was a march in Memphis, Tennessee, in honor of Dr. King. Bill Cosby participated in the march along with his friend, Robert Culp. Many famous entertainers and politicians were there, walking side by side with people from across the country who came to Memphis for the march. It was an event Cosby was to remember well over the years that followed. Page 74 After particiating in the march in Atlanta, Bill had attended the funeral services for Dr. Martin Luther King, Jr. The funeral made a deep impression on Cosby, and part of this recording is an original musical reminiscence that echoed his reactions. He called it “Martin’s Funeral.” . . . The album was released in 1972. Page 91-92 Joe Williams also sings in a memorable episode during the following season. In one segment, Theo learns about the history of racial protest firsthand from his parents and grandparents, who were in the famous Memphis March. Williams quietly sings the “Battle Hym of the Republic.” His voice is both a part of the TV story and an echo of history. Other Cosby interests can be noticed in various touches on the stage sets for the TV show. Of course, the home interior and furnishings are those of a well-to-do upper-middle-class family, since Cliff Huxtable is a doctor and Clair is a lawyer. An addition to the sets is a selection of paintings by black artist Varnette Honeywood. These are grouped on the walls in various parts of the house. Honeywood is one of Cosby’s favorite artists, and the paintings are excellent as well as appropriate. Another unique item is visible on the wall in Theo’s bedroom. It is an antiapartheid poster protesting racial prejudice in South Africa. The sign is there only because Bill insisted on it over the objections of NBC executives. And on the door in Denise’s bedroom hangs a picture of the late Martin Luther King, Jr. Although the viewing audience is not consciously aware of most of these background details, they help to set the tone of the show as being serious behind the humor. Family Funny Man Over the next two days, an estimated 60,000 people came to see the body, at a rate of 1,200 an hour. Tens of thousands of mourners had begun to arrive in Atlanta by train, plane, bus, and car. Vice Mayor Sam Massell was dispatched to welcome dignitaries at the airport; he spent two days there. A special hangar was set up for arriving VIPs. Politicians arrived from all regions of the country, among them Walter Mondale, senator of Minnesota; Carl Stokes, mayor of Cleveland; Richard Hatcher, mayor of Gary, Indiana; and former Vice President Richard Nixon. Nelson Rockefeller, governor of New York, chartered a plane, sending a contingent of 100. Ambassadors from Norway, Guyana, Ethiopia, India, Ghana, Australia, and more than a dozen other countries arrived. Celebrities who descended on Atlanta included Ossie Davis, Ruby Dee, Bill Cosby, Marlon Brando, Paul Newman, Alan King, Eartha Kitt, Diana Ross, Mahalia Jackson, Sammy Davis Jr., Dizzy Gillespie, and Aretha Franklin. Diahann Carroll ….. ….. PETE KILGO: Alan King, the comedian, was standing at the front of the bus. And people were asking, “Who’s in there?” And he’d send in pieces of paper to be signed for autographs. Diahann Carroll, Bill Cosby—there were all kinds of people in that bus. The Supremes had their own limo; it followed behind and people were getting out of the bus and going to the limo to get refreshments and getting back in the bus. Atlanta Magazine Yolanda Denise King ..... When her father was assassinated April 4, 1968, King, then only twelve years of age, was noted for her composure during the highly public funeral and mourning events. She joined her mother and siblings in marches, and she was lauded by such noted figures as Bill Cosby and Harry Belafonte, the latter establishing a trust fund for her and her siblings. ….. Bill Cosby flew to Atlanta after the funeral and entertained King and her siblings. … King and her siblings were assured an education thanks to the help of Harry Belafonte, who set up a trust fund for them years prior to their father's death. ….. Wikipedia, the free encyclopedia Hollywood Flashback: Barbra Streisand Sang for Civil Rights in 1968 By Bill Higgins 6/2/2016 ….. The Hollywood Bowl event benefitted the Southern Christian Leadership Conference’s Poor People’s Campaign, which had been started by Dr. Martin Luther King … Concert headliners were Streisand, Harry Belafonte, Bill Cosby and Herb Alpert with his Tijuana Brass Band. Tickets went from $4.75 to $25 ($32 to $170 today); 17,356 were sold, and $140,000 raised (slightly less than $1 million now). Belafonte both sang and spoke, saying the civil rights campaign “will go on, no matter what you’ve heard.” Cosby did routines ….. Alpert played his hit “A Taste of Honey.” Streisand began her performance … and ended it, at midnight … with a showstopping rendition of “People.” Hollywood Reporter Cosby Honors King January 17, 2012 In a 90-minute talk peppered with anecdotes, humor and his trademark candor, entertainer Bill Cosby told a sellout crowd Jan. 16 that upholding the dream of Martin Luther King Jr. begins with how we raise—and challenge—our children. “The revolution today is in the home,” Cosby said to 427 guests who packed the Eynon Ballroom in Rowan’s Chamberlain Student Center for Rowan’s 26th annual Martin Luther King Jr. Breakfast. Citing major societal issues such as teenage pregnancy, the murder rate of young people, substance abuse and problems in public schools, Cosby said challenges remain for Americans and it’s up to the nation’s elders to stand up for young people and to prepare them for success. “It’s important for all of us to take the time to think of the positive things we can be doing,” Cosby said. “Dr. King was preparing us and we have not done a good job of receiving the message. If we don’t speak up, if we don’t challenge these things we see and know…it’s the same as if there’d never been a march (on Washington). We cannot throw it away. We’re supposed to be better than this.” ….. “Take your children places and let them know they can be working in that building over there. They’ve got to know that. You’ve got to tell them, ‘Outside of where you are, there is life. There is potential,’” he said. ….. Cosby himself is a similar success story. One of the nation’s most beloved comedians, he rose from humble beginnings in a Philadelphia housing project to become an Emmy- and Grammywinning entertainer and best-selling author. In the 1960s, his role on TV’s “I Spy” made him the first African-American to co-star in a dramatic series, braking television’s racial barrier. The show was produced at the height of the Civil Rights movement. In the 1980s, Cosby produced and starred in “The Cosby Show,” widely considered one of the decade’s defining sitcoms. Coretta Scott King called the show “The most positive portrayal of black family life that has ever been broadcast.” ….. Today In Stand-Up and Sitcoms, Nonchalantly Blazing a Path Bill Cosby, in Mark Whitaker’s New Biography By DWIGHT GARNER SEPT. 22, 2014 Credit Alessandra Montalto/The New York Times ….. Mr. Cosby didn’t work blue; he wasn’t cerebral or neurotic; he rarely spoke about race. He didn’t tell jokes so much as paddle down long stories as if they were streams. Some thought his avoidance of racial matters made him a deserter to the cause of black advancement. But Mr. Whitaker argues that Mr. Cosby could also be understood as a pure embodiment of the Rev. Dr. Martin Luther King Jr.’s integrationist dream. Here was, the author writes, “a black comic in a Brooks Brothers blazer who could succeed without reference to his skin color, by making people of all races laugh at the things that they had in common, not the things that divided them.” ….. NY Times The One Accuser Who May Finally Bring Bill Cosby Down for Good By Mark Seal July 6, 2016 ….. His biographer Mark Whitaker summed up the entertainer’s legacy: “Historians will measure the seismic impact of The Cosby Show on the entertainment industry and on American society. They will document how it revived the situation comedy format and laid the groundwork for other comedy shows built around comedic personas, such as Roseanne and Seinfeld. And they will point out how, by implanting such a positive image of black family life in the national consciousness, it helped Americans envision sending a black president and his wife and daughters to live in the White House less than two decades later.” Vanity Fair ETC. CELEBRITY Celebrity Successful careers in sports and entertainment are commonly associated with celebrity status ….. People may also become celebrities ….. for their connection to a famous person. ….. Wikipedia, the free encyclopedia ….. Bill Cosby was born William Henry Cosby Jr. on July 12, 1937, in Philadelphia, Pennsylvania. ….. Cosby, the oldest of four boys, grew up in Philadelphia's Germantown neighborhood. ….. After his father enlisted in the U.S. Navy, Cosby became like a parent to his brothers. Cosby's mother, Anna, worked cleaning houses. ….. With money very tight for his family, Cosby started shining shoes to help out when he was 9 years old. … Despite their hardships, Cosby's mother stressed the value of education and learning. ….. Biography ….. Cosby went on to Philadelphia's Central High School, a magnet and university prep school. … In addition, Cosby was working before and after school, selling produce, shining shoes, and stocking shelves at a supermarket to help out the family. … He transferred to Germantown High School, but failed the tenth grade. … Instead of repeating, he got a job as an apprentice at a shoe repair shop ….. Subsequently, he joined the Navy, serving at the Marine Corps Base Quantico, Virginia, Naval Station Argentia, Newfoundland and at the Bethesda Naval Hospital in Maryland. … During his four years in the Navy, Cosby served as a Hospital Corpsman working in physical therapy with Navy and Marine Corps personnel injured during the Korean War. … Wikipedia, the free encyclopedia SPORTS ….. Cosby was the captain of both the baseball team and the track and field team at Mary Channing Wister Public School in Philadelphia, as well as the class president. … At FitzSimons Junior High School, Cosby began acting in plays as well as continuing his devotion to playing sports. ….. Wikipedia, the free encyclopedia Bill Cosby - Comedian, Actor, Author ….. Cosby won awards running on the Navy track team, but also experienced racial discrimination, when he was forced to eat in the kitchen of restaurants where the team stopped to eat while on the road. He was honorably discharged after four years of service in 1960. Military ….. He finished his equivalency diploma via correspondence courses ... and was awarded a track and field scholarship to Philadelphia's Temple University in 1961. … There, he studied physical education ….. Wikipedia, the free encyclopedia “….. While an undergraduate during the early 1960's, he participated in track and field, football and basketball. He was a fullback in football. His best collegiate sport was track where he competed in the high jump, shot put, low hurdles, javelin and discus. He was the Middle Atlantic Conference high jump champion in 1962." Owl Sports How Sports Can Get You Laid By Joe Cipollone April 13, 2012 “….. dating a star athlete in high school helps girls gain something they far too prominently value: popularity. ….. When considering college … the focus moves away from the pursuit of popularity and towards the inherit attractiveness of the idea of dating an athlete. College athletes aren’t jocks; they are minor celebrities. As a result, terms like jersey-chasers are born. ….. By adding money to popularity and celebrity status, professional sports give us the powerful trifecta of superficial reasons why girls go after athletes. Professional athletes can barely get off their team bus without being attacked by women who mostly have at least one of those three motives in mind. …..” College Magazine ENTERTAINMENT ….. he began bartending at a Philadelphia club to earn money ….. After using humor on his customers and seeing his tips increase, he then took his talent to the stage. …. Cosby left Temple to pursue a career in comedy, lining up standup jobs at clubs first in Philadelphia and then in New York City, where he appeared at The Gaslight Cafe beginning in 1962. ..… He booked dates in cities such as Chicago, Las Vegas, San Francisco, Washington, D.C. He received national exposure on NBC’s The Tonight Show in the summer of 1963. This led to a recording contract with Warner Bros. Records, who, in 1964, released his debut LP Bill Cosby Is a Very Funny Fellow…Right!, the first of a series of comedy albums. ….. Wikipedia, the free encyclopedia Bill Cosby: From America's Dad to comic under fire 8 January 2015 ….. His debut on NBC's The Tonight Show in 1963 led to a recording contract with Warner Brothers, who released a series of award-winning comedy albums. BBC ….. After attending Temple University in the 1960s, he received his bachelor's degree there in 1971. In 1973 he received a master's degree from the University of Massachusetts Amherst, and in 1976 he earned his Doctor of Education degree, also from UMass. His dissertation discussed the use of Fat Albert and the Cosby Kids as a teaching tool in elementary schools. ….. Wikipedia, the free encyclopedia MONEY AND POWER Aphrodisiac A food, drink or other thing that stimulates sexual desire: ‘power is the ultimate aphrodisiac’ Oxford Dictionaries Tamara Green Bill Cosby’s legacy, recast: Accusers speak in detail about sexual-assault allegations By Manuel Roig-Franzi, Scott Higham, Paul Farhi and Mary Pat Flaherty November 22, 2014 Bill Cosby’s life and career ….. They didn’t see a comedian. They saw the “king of the world.” Long before there was a Dr. Cliff Huxtable, before rumpled sweaters and a collective anointing as America’s dad, Bill Cosby was magnified a hundredfold in the eyes of the young models and actresses he pulled into his orbit. For them, he embodied the hippest of the 1960s and ’70s Hollywood scene, a mega-star with the power to make somebodies out of nobodies. ….. Green was in her early 20s when she met Cosby through a mutual friend, a Los Angeles doctor, she said. “He was king of the world,” Green said in an interview with The Post. “Full of himself. ‘I Spy.’ Man about town.” When Green met Cosby—in 1969 or 1970, she said—she was doing some modeling and singing. Los Angeles felt like the host of one long, awesome party. Knowing Cosby made it even more awesome. “We slept all day and were up all night,” Green said. ..... Washington Post Tamara Green on Bill Cosby assault: 'He was like a spider, sitting there waiting' ….. “It was really creepy,” Green recalled in an interview with the Guardian. But the young model dreamed of stardom, and Cosby held the keys to the kingdom, or so she thought, she said. So she brushed. ..... “It was the era of free sex and the cult of celebrity,” Green said. “They were all nouveau riche. They went from poor guys to having more money than God, and the next thing you know they’re splashing it around.” ….. The Guardian Former Cosby ‘mistress’ defends him: ‘He is a kind man’ By Diana Falzone, Fox News July 10, 2015 “Teresa Taylor claims she had a relationship with Bill Cosby for three years, starting in 1979. ….. “What I’ve seen happening in the press about him is so disheartening. He is a kind man. I have never spoken about my personal life before and I needed to say that,” she told FOX411 exclusively. “Do I believe half of the women? No.” Taylor speculated that a man with Cosby’s fame would not have a hard time finding women to have sex with. “I respect the women and I can’t dispute it but I don’t believe a lot of it,” she said. “He didn’t need to do anything to get women to sleep with him. Women are attracted to men with money and power. At the time he was one of the most powerful men in Hollywood.” The former actress claims she met Cosby backstage while he was guest-hosting “The Tonight Show” in 1979. The then-19-year-old says she caught the attention of the married star, who she says asked her to go to dinner with him after the taping. Taylor said she agreed to the alleged date because she was flattered to receive attention from the megastar. She claims after that night, the pair dated for three years. Taylor also alleges the two went on double dates with Hugh Hefner and his former flame Barbi Benton at the Playboy Mansion. The Playboy Mansion and Hefner declined to comment. Benton did not return FOX411’s request for comment. “He was so respectful towards me,” Taylor said. “He never drugged me or offered me Quaaludes. I was young and he took care of me — sometimes financially. He was good to my family. My mom had pictures of Bill all over the house.” Taylor claims Cosby paid for her to fly to Ohio to visit her mother, and that her divorced mother embraced their alleged romance. “My mother knew I was alone in Hollywood and I believe she felt safe knowing Cosby was there for me,” Taylor told us. Taylor claims she was under the impression that she had a romance with the famed sitcom star. “I truly loved and cared for him. I was 19. I didn’t even know the word mistress,” she said. “I actually believed he would leave his wife for me, but they never leave.” Page Six ACCESS TO A CELEBRITY PUBLIC ….. 3. a. of or relating to people in general ….. Merriam-Webster Dictionary FANS Here’s a little hope for those of us who have shrines to our favorite stars in our bedrooms and have taken up every hobby our celebrity crush has. If these 15 celebrities who married their fans lived happily ever after (at least for a little bit) it can happen for you too! Madame Noire A fan, or fanatic, sometimes also called aficionado or supporter, is a person who is enthusiastically devoted to something or somebody, such as a band, a sports team, a genre, a book, a movie or an entertainer. Wikipedia, the free encyclopedia GROUPIES The term groupie is derived from group, in reference to a musical group, but the word is also used in a more general sense, especially in casual conversation, to mean a particular kind of female fan assumed to be more interested in relationships with rockstars than in their music. A groupie is generally considered a devoted female fan of a band or musical performer. The term originates from the female attaching herself to a band. A groupie is considered more intense about her adored celebrities than a fan and tends to follow them from place to place. A groupie will attempt to have a connection with the band and may seek intimate contact. Obsessive groupies will almost certainly involve themselves sexually with any members of the band including the roadies. Further, there are groupies of sports teams and many other types of celebrities. ….. Female groupies in particular have a long-standing reputation of being available to celebrities, pop stars, rock stars and other public figures. Led Zeppelin singer Robert Plant is quoted as distinguishing between fans who wanted brief sexual encounters, and "groupies" who traveled with musicians for extended periods of time, acting as a surrogate girlfriend, and often taking care of the musician's wardrobe and social life. ….. women adopting this role are sometimes referred to as "road wives". ….. A characteristic that may classify one as a groupie is a promiscuous reputation. ….. Wikipedia, the free encyclopedia GOLD DIGGERS ..... a woman who becomes or tries to become romantically involved with a rich man in order to get money and gifts from him ….. Merriam-Webster Dictionary ….. A woman who only wants relationships with men who are rich ..... MacMillan Dictionary ….. A young female or male who is financially pampered/cared for by a sugar daddy or sugar mama in exchange for companionship (i.e. sexual favors). ….. Oxford Dictionaries SUGAR BABIES A young female or male who is financially pampered/cared for by a sugar daddy or sugar mama in exchange for companionship (i.e. sexual favors). Urban Dictionary The younger recipient ... of interest from a sugar daddy or sugar mama, especially financial and romantic in an intergenerational relationship Your Dictionary Four Differences Between Sugar & Prostitution Posted Jul 14, 2014 JennSA ….. Many are quick to label the Sugar lifestyle choice as prostitution, but there are many differences between this lifestyle and the oldest profession. ….. Sugar Babies and Sugar Daddies have on-going relationships, not transactions. ….. Sugar is a lifestyle choice, not a profession. A sugar baby is a woman who wants to date financially secure men who can provide her with the lifestyle she desires. …… A Sugar Daddy is generous, and wants to see their partner succeed. ….. Sugar Babies sometimes receive funds as an added benefit of dating a generous man. ….. Most Sugar Babies aren’t solely involved in the sugar world. Sugar Babies are also teachers, college students, actresses, and business professionals. They seek successful mentors that can advance their career, not a temporary fix. ….. Seeking Arrangement PROSTITUTES AND ESCORTS Call Girl Culture: High-priced prostitution one of Hollywood’s dirty little secrets By Diana Falzone Published October 11, 2012 ….. Former Manhattan Madam Kristin Davis ran one the most successful high-priced escort services in New York, toting a client list with over 10,000 names until she was busted in 2008. ..… “I would charge $3,000 an hour, four hours minimum usually, for a top model, with three calls a night. You do the math. It adds up,” Davis said. “The clients were head of industry, athletes, sport stars. You actually want to spend time with them. Girls actually enjoyed it. The mentality of the guy is very appreciative of the girl. The woman you see on the billboard in SoHo just walked through the door.” ….. It’s that kind of money that makes prostitution a lure for beautiful aspiring models and actresses waiting to get their big break in New York or Los Angeles. And Davis said that even for some already established models and actresses, the money can be too good to give up even once they are getting steady, high-paying legitimate jobs. “A lot of my girls were top models … Victoria’s Secret, Ford Models,” Davis said. “Say Girl #1 got a L’Oreal commercial, after agencies and taxes, [her] $30,000 [fee] then turns into $20,000. These girls are not normal girls who shop at BeBe. Their lifestyle is outside of their means. That money lasts a month and a half. Some girls have cocaine habits, party a lot, and you’d be surprised, for some [$20,000 lasts] maybe a week.” Davis said that former call girls have starred in Michael Kors and Gucci campaigns, to name a few high-profile gigs. ….. a former escort ….. told FOX411: “I had friends [who were] actors, models, singers, aspiring directors and photographers; that whole world of entertainment, there is compatibility. They’re drawn to the escort world. There’s a sense of drama.” Although Quan wrote a tell-all about her experiences, most escorts will never reveal their past involvement in prostitution. Davis said she has not and will never reveal names. “I used fake pictures to protect the girls on my website and never used real names. The moment they walked in the office we created a new name and that was how she was known from then on.” President of Stars Model Management … said the ugly side of the beauty business leads some women into escort work. “It’s the most brutal industry in the world. You’re not selling a car, a product; you’re selling yourself. No other business in the world is like this. It’s impossible to make real money. There are so many beautiful girls and so little jobs; so few people ever make a living at it.” He added that impressionable model-hopefuls may be lured into the sex industry when their career stagnates. “It definitely happens. There are girls who go to the darker side of modeling; escort services. …..” Fox News Four Differences Between Sugar & Prostitution Posted Jul 14, 2014 JennSA ….. A prostitute and a client have a transactional relationship. They meet, exchange funds, and participate in some sort of physical act and part ways. ….. Prostitutes are paid to perform a service ….. Seeking Arrangement COUCH AUDITIONS “It is common knowledge that ambitious career women have been subjected to a variety of situations, including but not limited to, trading sex for career advancement before and after the 1960s through the present.” “The term casting couch originated in the motion picture industry, with specific reference to couches in offices that could be used for sexual activity between ...” Wikipedia, the free encyclopedia Bollywood's casting couch exposed: Sex today, film role tomorrow By Asira Tarannum and Sonali Joshi Pitale Posted 27-Feb-2014 After hearing horror stories of struggling actors being exploited by casting agents, we decided to blow the lid off Bollywood’s worst-kept secret. In a sting operation, Asira Tarannum and Sonali Joshi Pitale meet casting agents, only to find that most of them are just glorified pimps “Trading of sexual favours by an applicant, apprentice, or subordinate, to a superior, or prospective employer, in return for entry into an occupation, or for career advancement, is a malady existent in every domain. But, there’s a reason the term ‘casting couch’ originated in the motion picture industry. ….. “You do know that if you want to get into acting, you will have to make compromises. If you do that, you will have a bright future.” … “Some of them slept around with directors and got work, but some didn’t.” … ….. “…. “I take care of television and shoots. So, there are times when assistant directors or creative directors ask this. If you are ready to sleep with them, they might consider you. …..” “There are all kinds of people around. It’s up to the girls and boys to look after themselves. If you are ready to get into bed with someone, then be certain that you cannot get work like that. … People who want to work with you because of your talent will not take you to bed.” …..” Mid-day Casting Couch Nightmares: What Does It Take to Make It in Hollywood? By Hollie McKay Published May 31, 2011 …… The casting couch -- trading sexual favors for a role, representation or anything that will help an aspiring performer take that next step to stardom -- is alive and well in Hollywood. “I’m very much aware of certain talent representatives and producers who leverage their ability to help launch careers into getting laid by ‘green’ talent” ….... “I think, and hope, that many girls are made aware of the situation soon after getting into L.A. But when I was an agent, I made it a specific point to talk to each girl about certain situations to avoid, and in some instances, certain people.” ….. “The ‘casting couch’ is alive and well. Stories still come out about shonky casting people. … “People who are so desperate for fame, adoration, and money are gullible and that is the key to how the shonks work.” ..… more than thirty years ago, auditions were taking place in all sorts of odd places – often in one’s apartment – and at the tender age of 16, she didn’t realize this in itself was a red flag. “I showed up at this one audition, a guy answers the door and takes me to the bedroom and demands I do certain things to him. I was very naïve, and just told him straight I couldn’t possibly do that,” …. “… when I asked to go he said I couldn’t yet because there was another girl in the living room with his business partner.” That was one of many, but I’m actually one of the lucky ones – nothing bad happened to me.” “I had one client who was lured away by a larger agency, the new agent took her out to celebrate and ‘made a move’ on her that very night. She was smart enough to resist and put him back in check, but I found out later about others who were not as fortunate,” ... “I also know of a former agent at another agency who would have clients stay at his house while they ‘got settled’ – although that never seemed to end well.” According to one performer we talked to, who recently had enough of the industry and left, despite a lengthy and successful career, some predators just won’t take no for an answer. ….. “[A male talent agent] massively came on to me – telling me how amazing I was, how I was going to be the next ‘star,’ and then the next thing you know he had his hands on my legs and rubbing my back and telling me I was to stay in his hotel room,” a 23-year-old aspiring male actor, who met with a high-profile agent at a Los Angeles restaurant after moving to the city just a few weeks ago, revealed. “I told him no, and that I was going home. He got really angry and forceful and insisted I was staying there, so I just got up and left.” …..” Fox News ETC. LADIES’ MAN FOURTY-FIVE-PLUS YEAR OLD ADMISSION Clues to a Scandal? Reading 1969 Bio of Bill Cosby Written for Children Elicits Double-Takes and Head Shakes Joal Ryan July 31, 2015 ….. Something else to add to the list: Cosby biographies for children. There have been a handful of these books written over the years with perfectly fine titles that now play as irony or worse: Bill Cosby: Coming at You, Bill Cosby: Family Man, Cool Cos: The Story of Bill Cosby. Cool Cos, published in 1969 by Scholastic, is one of the earliest — if not the earliest — Cosby biography for any aged audience. "Believe it not, that book sold a million copies," says its author, Joel H. Cohen, a veteran writer of biographies for children. "He was just beginning to make it big at this point...” And so the 126-page paperback tells Cosby's story as it was known at the dawn of the Brady Bunch era: a poor, practically fatherless boy and school dropout grows up to become a headlining comic and pioneering African American TV star. A sampling: ….. Page 55: While in college, Cosby develops a reputation as a ladies' man. Says Cosby "kiddingly," it is noted: "Cos is beautiful... All the women should have a chance to share Cos." Page 57: Cosby takes a job as a bartender, where he presumably learns to mix drinks. (It is noted throughout that Cosby himself doesn't drink; that he maintains drinking is for people who need to relax, and that he considers himself fine as-is.) Page 69: Up-and-coming comic Cosby meets college student Camille Hanks. ….. While it is noted that future-wife Camille's parents are suspicious of Cosby, and try to thwart the budding romance, Cosby does his best to woo his prospective spouse. "I blew a lot of smoke around her," he says of Camille. "She couldn't see anything." ….. "It isn't the whole story," Cohen writes in his introduction. "Cosby, a performer with a public of millions, is essentially a private person." ….. Yahoo DEFINITIONS ..... Synonyms for ladies man noun man who likes to flirt Casanova cocksman Don Juan lady’s man lady-killer Lothario philanderer playboy Prince Charming seducer sheik womanizer ….. Thesaurus CONFIRMATION Life Magazine Life Magazine captures a young Bill Cosby with Hugh Hefner at the Playboy Mansion in 1965 News Impulse Barbi Benton By Martin Gould for MailOnline Published: 10 December 2014 Updated: 10 December 2014 ….. Barbi Benton, Hefner's long-time girlfriend in the 1960s and '70s. ….. Speaking exclusively to MailOnline from her home in Colorado, Benton, now 64, says Cosby would be at the notorious mansion nearly every Friday and Sunday ….. But Benton says she did not hear any allegations that Cosby was a serial rapist ….. ‘I didn't know whether he was married or not — I was 18 I wasn't about to ask him,' she added. ‘It was unusual for a family man to be at the Mansion — especially as regularly as Cosby was.’ For decades, dozens of A-list names descended on the Mansion off Sunset Boulevard. ‘It was a place where celebrities could be with other celebrities — and lots of pretty girls,’ recalled Benton. ‘It was a candy store for men. ‘The girls were usually Playmates or their friends, all of them beautiful, often actresses. They were usually available …’ ‘It was not a place that people came necessarily to have sex,’ she added. ….. Benton, who dated Hefner from 1968 to 1976 ….. ‘I saw him there so many times I couldn't count them,’ said Benton. ….. It wasn't a place to get sex. If a girl agreed to do anything with anyone it was of her own accord. ….. Daily Mail Jimmy Walker Bill Cosby’s friend … BY DAREH GREGORIAN NEW YORK DAILY NEWS Updated: Thursday, July 9, 2015 ….. Walker, who co-starred with Cos in the 1975 flick “Let's Do It Again,” told Fox News' Sheperd Smith Wednesday that, “Everybody knew of Bill Cosby's women propensity — he had a lot of different women on a constant level,” ….. “It was normal behavior maybe in those days” ….. “There were tons of women who gladly would have gone with the Cos,” he said ….. NY daily news Roseanne Barr Roseanne Barr Hopes Bill Cosby Will 'Make It Right' -- Access Hollywood Staff January 29, 2015 ….. When Robinson sat down with Barr she asked, "You've been pretty vocal on social media about the allegations against Bill Cosby. Did those allegations surprise you?" "No, because like everybody else -- now I'm really [going to get] in trouble – but, you know, like every woman in Hollywood -- there's hardly any hairdressers or waitresses or working women who don't know somebody," Barr said. "We've all heard it for a long time, and it surprises nobody." ….. Access Hollywood Roseanne Barr on Bill Cosby: 'No one is surprised' Maria Puente January 29, 2015 ….. Barr is not alone. Comedian Patton Oswalt also says the Cosby allegations were well known among comics. "It was a very badly kept secret in the comedian world, and a lot of us would talk about it. (Comedian/documentarian) Bobcat Goldthwait would mention it all the time," he said on the You Make It Weird podcast with Pete Holmes in December. ….. Patton Oswalt "The Bill Cosby thing is so...awful, and what's worse for comedians is a lot of us have known for a long ...time ….. USA Today Tamara Green Bill Cosby’s legacy, recast: Accusers speak in detail about sexual-assault allegations By Manuel Roig-Franzi, Scott Higham, Paul Farhi and Mary Pat Flaherty November 22, 2014 Bill Cosby’s life and career ….. He liked to watch her brush her hair, Tamara Green recalled. Cosby would sit and watch her pull the brush through her long, thick blond locks as she sang lyrics made famous by the sultry, smoky-voiced jazz great Julie London. “You need to be taught. You need to be groomed,” Green remembered him telling her. ….. It was a “very hippie-dippy, very free-love” time, Green said. The big shots in her circle of celebrity friends kept “stables of girls,” Green said. “They had a total disrespect for the girls.” Green did not want to be Cosby’s girl. Washington Post Tamara Green on Bill Cosby assault: 'He was like a spider, sitting there waiting' ….. Alone with the actor in a recording studio in Hollywood, she ran the brush through her hair, as instructed, and continued reciting lyrics by the jazzy, smoky-voiced singer Julie London while Cosby watched. “It was really creepy,” Green recalled in an interview with the Guardian. But the young model dreamed of stardom, and Cosby held the keys to the kingdom, or so she thought, she said. So she brushed. When the then-model told her friends about the incident later that evening, they warned her to be careful. “They knew,” Green said. “Even back then.” ….. She said on the occasions they were together, Cosby would tell her she was beautiful and talented, and, with just a little help, she could be a star. “It was the era of free sex and the cult of celebrity,” Green said. ….. The Guardian FREE LOVE Free love is a social movement that rejects marriage, which is seen as a form of social and financial bondage. The Free Love movement’s initial goal was to separate the state from sexual matters such as marriage, birth control, and adultery. It claimed that such issues were the concern of the people involved, and no one else. ….. While the phrase free love is often associated with promiscuity in the popular imagination, especially in reference to the counterculture of the 1960s and 1970s, historically the free-love movement has not advocated multiple-sexual partners or short- term sexual relationships. Rather, it has argued that sexual relations that are freely entered into should not be regulated by law. The term “sex radical” is also used interchangeably with the term “free lover”, and was the preferred term by advocates because of the negative connotations of “free love”. By whatever name, advocates had two strong beliefs: opposition to the idea of forceful sexual activity in a relationship and advocacy for a woman to use her body in any way that she pleases. … Laws of particular concern to free love movements have included those that prevent an unmarried couple from living together, and those that regulate adultery and divorce, as well as age of consent, birth control, homosexuality, abortion, and sometimes prostitution; although not all free-love advocates agree on these issues. The abrogation of individual rights in marriage is also a concern—for example, some jurisdictions do not recognize spousal rape or treat it less seriously than non-spousal rape. Free-love movements since the 19th century have also defended the right to publicly discuss sexuality and have battled obscenity laws. ….. Free-love movements continued into the early 20th century in bohemian circles in New York’s Greenwich Village. ….. The development of the idea of free love in the United States was also significantly impacted by the publisher of Playboy magazine, Hugh Hefner, whose activities and persona over more than a half century popularized the idea of free love to the general public. Wikipedia, the free encyclopedia Eden Tirl Cosby accuser Eden Tirl speaks out: ‘I didn't wait to come forward’ Bianna Golodryga Yahoo News and Finance Anchor August 13, 2015 Transcript: My agent shared that Bill would be calling my home...that night. Yes I was angry with her for giving out my personal information. I also realized the reputation I had heard about Bill may be true. ….. Yahoo ETC. CRIMINAL CHARGES MONTGOMERY COUNTY, PA., DISTRICT ATTORNEY Bill Cosby again appeals order to trial on sex charges Maria Puente July 20, 2016 ..... After portions of his deposition in the Constand suit were released in 2015, a new district attorney was elected, after campaigning to reopen Constand's case and pursue Cosby. ….. USA Today Bill Cosby's Attorney Files for Change of Venue to Move Trial Out of Montgomery County By Brian X. McCrone Published Dec 30, 2016 Updated Dec 31, 2016 ….. In October 2015, Mr. Steele repeatedly ran a 30-second campaign ad attacking political rival Bruce Castor for failing to prosecute Mr. Cosby," McMonagle wrote in the motion. "Mr. Steele made his promise to secure a conviction of Mr. Cosby a centerpiece of his campaign, going as far as to brand Mr. Cosby a 'sexual predator,' and thereby unleashing an unrelenting torrent of inflammatory and sensationalist headlines in Montgomery County. ….. NBC Washington Bill Cosby Arrives for Pretrial Hearing In Criminal Sexual Assault Case By JOI-MARIE MCKENZIE Linsey Davis Nov 1, 2016 ….. Cosby was charged by the newly elected District Attorney Kevin Steele in December 2015 with drugging and sexually assaulting Constand. The three counts of felony aggravated indecent assault came just a few weeks before the 12-year statuted of limitations would have expired. Cosby faces up to 10 years in jail and a $25,000 fine if convicted. His criminal trial is set for June 5 in Norristown, Pennsylvania. Cosby has pleaded not guilty to the charges and is free on $1 million bail. ….. ABC News Bill Cosby defense seeks dismissal of charges, prosecutor MARYCLAIRE DALE Associated Press January 11, 2016 PHILADELPHIA (AP) — Bill Cosby's lawyers attacked the criminal charges lodged against him as "illegal," saying they violate a prosecutor's pledge that he would never be charged over a 2004 sexual encounter with a Temple University employee. That promise led Cosby to testify in a related civil lawsuit without invoking his Fifth Amendment rights, the lawyers said in a court filing Monday. Yet, a decade later, a new prosecutor called the newly released deposition testimony a key piece of evidence that fueled his decision to arrest Cosby last month. Cosby lawyer Brian McMonagle wrote in the defense motion that the state agreed Cosby would never be prosecuted with respect to the allegations of sexual assault made by the Temple employee, Andrea Constand. "Now, to fulfill campaign promises, the newly-elected District Attorney has repudiated the agreement and has based these criminal charges on this very testimony," McMonagle wrote. The motion lays out the defense's plan of attack for the upcoming Feb. 2 preliminary hearing and asks for District Attorney Kevin Steele's office to be disqualified if the case isn't thrown out. It says there are several flaws with the prosecution case, including the "inexcusable," decade-long delay in making an arrest. Since then, Cosby's vision has deteriorated to the point he can no longer identify witnesses and accusers, and a lawyer who helped negotiate the "nonprosecution agreement" with former district attorney Bruce Castor, Walter M. Phillips Jr., has died, the motion said. Steele last fall had attacked Castor, a political opponent, over his 2005 handling of the case, running an ad that said: "Bruce Castor had an opportunity to bring charges, and he failed to do so." Cosby's lawyers called the political campaign references to the case "wildly improper." "A citizen's constitutional rights cannot be thwarted by politically motivated prosecutors willing to break agreements made by their predecessors," McMonagle wrote. "The commonwealth's agreement must be enforced, and the charges dismissed." Steele, then the top deputy prosecutor, announced the charges on Dec. 30, days ahead of the 12-year deadline to file charges. He took office as district attorney on Jan. 4. ….. Yahoo Key witness to Bill Cosby: ‘I’m not on your side’ Maria Puente, USA TODAY and Brittany Horn, USA TODAY Network February 2, 2016 ….. Former District Attorney Bruce Castor, considered by the Cosby legal team to be a key witness, testified that he declined to pursue criminal charges against him years ago because of "credibility" issues with Cosby's accuser in the case, ex-Temple University employee Andrea Constand. ….. Castor was called to testify that there was “insufficient, credible and admissible evidence” in 2005 to show Cosby had committed a crime without a reasonable doubt. Plus, Castor told the court, Constand didn't behave like a victim of sexual assault. “The behavior detailed within (police interviews) was inconsistent with a person who had been sexually assaulted," Castor testified. "Her actions, on her own, including going to a lawyer before going to police, had created a credibility issue for her that could never be improved upon.” ….. On cross examination, Castor was asked whether he believed what Constand said happened to her more than a decade ago. What he believes and what he can prove are two different things, he replied. "What I think is that Andrea Constand was inappropriately touched by Mr. Cosby,” Castor said. “I am not analyzing back in 2005 as to what I think. I am analyzing it back in 2005 as to what I can prove." Therefore, he said, he declined to prosecute Cosby. He said that meant Cosby had to testify in the civil case Constand later brought against him, and could not claim his Fifth Amendment right. Castor said he thought getting Constand money from Cosby via a civil suit would be “the best he could do.” ….. Cosby has been charged with Aggravated Indecent Assault, which is a second degree felony, by the Pennsylvania prosecutor. TRACIE VAN AUKEN, EPA After Castor declined to prosecute Cosby, Constand sued him in civil court, and Cosby testified for three days in a deposition. The suit was eventually settled on undisclosed terms and sealed in 2006. ….. Last year, excerpts of Cosby's deposition were released and the new district attorney , Kevin Steele, filed charges just weeks before the state statute of limitations was due to expire. Steele intends to press his case against Cosby based in part on Cosby's own words in the Constand deposition. Cosby's legal team is arguing that the charges should be dismissed because of a "no-prosecution" deal in 2005, when Castor says he told Cosby's lawyer that if Cosby answered questions in the Constand deposition, Castor would agree not to prosecute Cosby based on the deposition. Without saying whether it was a good or bad decision, Judge O'Neill explored in more detail why Castor made the non-prosecution decision in the first place. Castor argued that it was within his prosecutor's duties as a "minister of justice" to push for a resolution in Constand's civil case. Steele has argued against Cosby's motion to dismiss, saying any immunity deal by Castor should have been written down and agreed to by a judge, and since it wasn't, it's irrelevant in this case. But Castor said he believes his decision on the deal is binding on his successors and forever closes the door on prosecuting Cosby. "For all time, yes," Castor said when pressed on the point. Some legal analysts say that if Cosby can demonstrate that he relied on Castor's promise to his detriment — by agreeing to testify in the deposition — then he might be able to persuade the judge to throw out the deposition — or even dismiss the charges altogether. USA Today ETC. “UNCORROBORATED” TESTIMONY OF THE PLAINTIFF Bill Cosby Arrives for Pretrial Hearing In Criminal Sexual Assault Case By JOI-MARIE MCKENZIE Linsey Davis Nov 1, 2016 ….. McMonagle, Cosby’s attorney, said in a May statement to ABC News that the relationship between Cosby and Constand was one that involved “multiple consensual sexual interactions.” “As was the fact that the complainant communicated with, returned to the home of, had dinner with and gave gifts to Mr. Cosby after the alleged assault occurred,” the statement read. ….. In the deposition, Cosby defended himself against Constand’s allegations. “I don’t hear her say anything. And I don’t feel her say anything,” he said. “And so I continue and I go into the area that is somewhere between permission and rejection. I am not stopped.” ..... ABC News Cosby hearing adjourns with no decision made AP Published Dec. 14, 2016 Updated Dec. 14, 2016 ….. Defense lawyers for Cosby say Constand has given four versions of her account that she was sexually assaulted by the actor and comedian in 2004. Prosecutors say sexual assault victims often recall more details in subsequent interviews. They say the discrepancies in Constand's accounts are not material to the case. ….. USA Today Lawyers in Bill Cosby case clash over testimony of other accusers By Carl Hessler Jr. Posted: 01/04/17 ….. Steele has argued he needs the testimony of the 13 other alleged accusers to prove Constand’s claim that she did not consent to sexual contact with Cosby and to counter inevitable defense attacks on Constand’s credibility at trial. “The prior bad act evidence is needed to establish that the current victim did not consent to the sexual contact by defendant. Without this evidence, the commonwealth would have to rely on uncorroborated testimony of the victim regarding the lack of consent,” Jappe and Falin wrote in court papers. ….. Daily Local POLICE INTERVIEWS COMMONWEALTH’S EXHIBIT C-2 5/24/16 Andrea Constand Statement Montgomery County Detective Bureau - Norristown, PA Saturday, January 22, 2005 at 1400 Hours By: Detective Richard Schaffer, CPD Detective Katharine Hart, MCDB Cheltenham Police Department ….. P. 2 ….. Q: Did you earn a degree at the University of Arizona? A: I earned a BA in Communications and minors in Exercise, Sports Science, Health, and Film and Television. Q: When did you graduate? A: December 1999. Q: Did you attend graduate school? A: No. ….. Q: When did you work at Temple University? A: I started working at Temple in December of 2001 as the Director of Basketball Operations. Q. What were your responsibilities as Director of Basketball Operations? R. To organize travel, game promotions, to liase with the Athletic Department staff, the travel budget, summer basketball camps, did away game preparations, and all team meals. I would travel with the team. P. 3 ….. Q. In your position did you come into supporters of the Women’s Basketball Team? A. Yes, they would come to the games and events that they would attend. We would have get togethers before March Madness, like a party for our supporters and team. Q. Who are some of the supporters that you would come in contact with? A. Former alumni, community figures, professors, teachers, local politicians, other sports figures, celebrities, lots of different people. ….. Q: How long did you work for the University? A: I worked at the University until March 31, 2004. I was there for three basketball seasons. Q: Under what circumstances did you leave the University? A: I wanted a change in my life. I thought it was a dead end position for me. I knew a different path was definitely on the horizon. ….. P. 4 ….. Q: What is your sexual orientation? A: I’m gay. Q: Can you tell us about prior relationships? A: I had a boyfriend when I was 14. Then I was in a relationship with a female for two years. I went to college and we faded apart. I met a female in college that I was with for three years. Then I was alone for another three years and then I met someone in May 2001 on and off until December January 2004. All of these relationships were monogamous. I did have a relationship with another man from July 1999 to February 2001. Primarily, we just talked to each other but we did have some sexual contact. ….. Q: Do you currently use prescription drugs? A: No. Q: Did you use prescription drugs at the time of the alleged incident? A: No. Q: Do you currently use alcohol? A: No. P. 5 Q: Did you use alcohol at the time of the alleged incident? A: Yeah, I sipped alcohol. Q: How would you characterize you alcohol use? A: I pretty much abstain except for occasional use. Q: Have you ever been treated or hospitalized for any type of mental issue? A: Never. Q: Have you ever sought mental health treatment? A: Yes a psychotherapist. And that was at my school. Q: Can you elaborate? A: I went to her because I needed to discuss issues that I felt were important in my success in the two year program ….. Not to specifically discuss the incident that happened but to get some help and guidance because of some of the issues I was facing away from school. Some dreams I was having. What my mom has described as post traumatic stress around the incident with Mr. Cosby. But basically for my emotional health. Q: Did you ever discuss any specifics of the incident being investigated with the psychotherapist? A: No I did not. Q: Prior to this incident were you ever been the victim of a crime? A: Never. Q: Since this incident have you been the victim of as crime? A: No. Q: Have you ever been involved in any type of lawsuit? A: Never. Q: Have you ever been involved in any type of police investigation other than for this incident? A: Never. ….. Q: What is your current financial situation? A: I pay $600 out for my vehicle and insurance per month? I make probably $800-$900 a month with the clients who I practice with. Included in that $800-$900 is another $200 I earn from the spa that I work at once a week. Q: Do you have any other outstanding debts? P. 6 A: My school. My credit. My line of credit, which is $8,000 and my Visa, which is $3000 right now. My line of credit is for school. Q: Do your parents have any outstanding debt? A: No. Q: When did you first meet Bill Cosby? A: I first met Bill Cosby at a women’s basketball game … in the winter of 2001, during one of the first few games of the season. ….. Q: How did you first meet Bill Cosby? A: I was introduced to him at the game. ….. Q: What was the extent of your conversation with Cosby? A: Talked about the team and fixtures, talked about it being a brand new lockerroom. ….. Q: When did you next hear from Cosby? A: A couple of days after this game he called the office. P. 7 ….. Q: Did Cosby call you back? A: Yes. Over the next month or two, Mr. Cosby periodically called the office to speak with someone. Sometimes we had conversations on the phone ….. Q: Following these conversations over the next two months, did Cosby provide you with a phone number to contact him? A: Yes, he did. ….. Q: Did you give a personal phone number to Cosby? A: I don’t know when exactly I gave it to him. We exchanged numbers. And when he gave me his number he said this is for my residence in Philadelphia. Q: What phone number did you provide Cosby? A: I provided him with my cell phone number. Q: Was that a personal cell phone? A: Yes. ….. P. 8 Q: When did Cosby first contact you on your personal cell phone? A: Before he invited me to his home. I think he was asking me for a number that wasn’t at the office so that he could contact me to make arrangements to go to his home for dinner. Q: Was the first time he contancted you on your cell phone to invite you to his residence? A: I’m not sure. Q: What was the language Cosby used when he first invited you to dinner? A: “I’m coming into Philadelphia. I have some things to do there. I will be at my house. The chef will be up there and you can come up and have dinner. What do you like? Do you like chicken or fish? Do you like broccoli?” He said that the chef is out here and we’re going to have a meal. He was very cordial and sincere. ….. Q: Can you describe this encounter with Cosby? A: I came in the door. I met the chef. He was preparing dinner. After five minutes, I went to the back room. Mr. Cosby lit a fire because it was cold in the home. I sat down and we just conversed. After about twenty minutes, the chef brought my dinner and asked if I wanted a glass of red or white wine. I said that I would have just a little bit of red wine. After this, I ate my meal. Mr. Cosby wasn’t even really present. He was talking to his chef. Cosby didn’t eat with me. I ate my meal on the sofa just watching the fire. He wasn’t present while I ate dinner. Q: There was no table set for dinner? A: No table set for dinner. He later came back and asked if I would like a sweet liquor after dinner. I refused and said that once in a while I have warm cognac or brandy. He said that he had a very old bottle that I should try. He went to his liquor cabinet and got cognac or brandy. He showed it to me and said it was a rare liquor. I tasted the brandy. P. 9 Q: What happened after that? A: I sipped on the brandy, watching the fire. Mr. Cosby came and set next to me. I gave him a hat, a t-shirt and some incense. And, he thanked me for them and he opened them right there. As time passed, I was sipping on my brandy, I didn’t drink the whole glass. At one point he went to put more brandy in my cup but I was ready to make a move to go home. I was restless. So then he reached over and he touched my pants and my inner thigh and was coming very close to.. he was touching my clothes and my wrist and my inner thigh. And he commented on my pants. I dismissed myself to go to the bathroom and I gathered my purse and everything to go. Before I left he gave me a bottle of perfume and thanked me for the gifts, which I brought. Q: Did you in anyway encourage this advance? A: No I did not. Q: What were you feeling when you left Cosby’s home? A: I was kind of embarrassed actually. Cause we had just had some light conversation about my family. I never really thought he would have hit on me. He is much older than my father. I felt ackward. Q: How long were you at Cosby’s home? A: I was there about two and a half hours. ….. Q: Did Cosby kiss or hug you when you left? A: No. It was like alright, kid. Just a little tap on the shoulder. Q: When did you next speak to Cosby? A: Maybe a couple of days later because I remember conversing with him, like did you enjoy the meal. Q: Did you contact him or did he contact you? A: He contacted me. ….. Q: Did Cosby ever invite you back to his home? A: Yes. Q: Can you describe that occasion? A: Mr. Cosby was having friends up to his house for dinner and he invited me to come up. ….. Q: Was there anything special that stood out about this dinner? A: I met a lot of people from the Philadelphia restaurant community. We had a nice dinner and dessert and conversed after. We all left at the same time. P. 10 Q: Did anything inappropriate occur? A: No. Q: Between these two dinners, was there continued phone conversation? A: Yes. Q: How many calls per week? A: Maybe once or twice a week. Q: When was the next time you were at Cosby’s home? A: I was at Cosby’s home a short time after the previous dinner. It was probably late February, or early March of 2002. Q: What was the nature of that visit? A: I was invited to a dinner. Mr. Cosby said dress nice, there will be a lot of academic people here. And that was it. He said the president of Swarthmore will be here. And some professors from Penn. Q: Did everyone arrive at the same time? A: Yes everyone arrived and left at the same time. Q: What was this dinner for? A: The president of Swarthmore was asking Cosby for a donation. ….. Q: Did anything inappropriate occur? A: No. Q: Following this dinner, what amount of contact did you have with Cosby? A: Limited. I was busy with my job and that had priority. I was preparing for summer basketball camps and that is the busiest time of the year. Q: How many times did you speak with Cosby during this period? A: Occasionally on the phone. Not in person. Q: Did you have any other significant contact with Cosby other than the night of the incident? A: In 2003, Cosby contacted me and said that he had an extra ticket to a jazz event in New York City. ….. I said I don’t know if I can make it I didn’t want to drive home after the concert, which could have ended at one or two in the morning. Mr. Cosby said, “Why don’t you take the train, and you can stay and I’ll set you up in a hotel.” And I was thinking that’s way too nice. He convinced me that I deserved it. P. 11 Q: Did you eventually decide to go? A: Yes. And Mr. Cosby said, “Keep your receipts and I’ll reimburse you the money.” Q: Did you ever see Cosby at this event? A: Yes, he was on stage for a few moments but I never actually spoke to him or had any contact with him. Q: Did you ever get reimbursed from Cosby? A: Yes. I paid for everything with my Visa credit card and I brought my receipts to his house. He gave me the four hundred dollars in cash. Q: Was anyone present in the home during that visit? A: No, not that I know of. It was really short. He came to the door and I just got the money and left. Nothing inappropriate occurred. Q: Did you ever visit any other Cosby homes? A: Yes, once in New York City. He called me up and asked me if I was doing anything. Mr. Cosby said he was meeting with Charles Kipps and did I want to come up? I took the train and he reimbursed me the cost of the train in cash when I arrived. ….. I went upstairs and met with Mr. Cosby and Charles Kipps. We talked about my future in broadcasting. I had a glass of coffee. I left with Charles in a taxicab. Charles and I went to a lounge/restaurant where he had a drink and then he walked me to the train station and I went back to Philadelphia. Q: Did anything inappropriate occur during this visit? A: No. Q: When did this visit occur? A: After the “Swarthmore” dinner and before the Blues concert. Q: How would you characterize your relationship with Cosby? A: We were friendly. We were not involved in any romantic relationship. Q: Did you ever speak with Cosby about how your relationship was characterized? A: No. ….. P. 12 Q: Prior to the alleged incident, did you ever make any advances toward Cosby? A: No, I did not. Q: Prior to the alleged incident did Cosby ever make any advances toward you? A: Yes, just when he touched my leg and inner thigh the night I went to his house for dinner. Q: Did you ever have an intimate kiss with Cosby prior to the alleged incident? A: No. Q: Did you ever have any other contact with Cosby prior to the alleged incident? A: I had some time off. I heard from the CEO of Foxwoods Resorts/Casino in Connecticut who invited me up to the resort. Mr. Cosby was having a show there on Saturday. Mr. Cosby must have given my name to the CEO. I also heard from the general manager. I drove up to the resort where I was met by the CEO in the lobby. He gave me my room. He told me Mr. Cosby wasn’t there yet. The CEO told me that he was taking care of the room. Q: Did you ever see Mr. Cosby during that visit to Foxwoods? A: Yes, I did. I arrived at about 7 in the evening on the Friday before the show. I was not going to stay for the show. The CEO went up to Mr. Cosby’s room like a suite with a dinning area, living area, like a penthouse. There were already people in the room when I arrived. A GM, a CEO, a waiter, and a lady who escorted Mr. Cosby to his room. He arrived around 8:15 to 8:30 PM. I got a call from the CEO that Mr. Cosby had arrived and to come up to the room. Q: What happened when you went to the room? A: The waiter took his order for dinner. When we ate, it was only Mr. Cosby, the CEO, and me. Q: Was it ever you and Mr. Cosby alone together? A: After we ate we set around and talked. The CEO left and it was just the two of us. The waiter had already left. I was walking around the suite and was a little restless, but I could feel that Mr. Cosby was not well, that something was off, he seemed depressed or something of that nature. Then I set on the edge of the bed. Then we both relaxed on the bed close to one other. He closed his eyes for like 15 minutes. I thought he was tired. It was a really weird moment. I thought he was resting and he was tired. When he stirred I told him I was leaving, he said alright, and at the door I gave him a kiss cheek to cheek. The next morning I got up and drove back to the Philadelphia. I never saw Mr. Cosby that morning. I just left. P. 13 Q: Were you ever at any other property owned by Mr. Cosby? A: No. Q: Did Mr. Cosby express any other interest in your career in broadcasting other than your visit with Mr. Charles Kipps? A: Yes. He asked me if I had photos taken an if I did he wanted to see them. He wanted me to bring them to his home … and drop them off. He indicated to me that he had something to do and the visit would be really short. ….. Q: When did this visit take place? A: This is about month after the Foxwoods incident. Its sometime in the beginning of 2004. ….. Q: What happened when you arrived at the house? A: I stepped in the door and handed him the pictures. He put his hand out for the picture and he sat down on the chair to look at the pictures. I sat down. He indicate that this wasn’t my best picture. I told him they were done free. I left then and left one of the pictures there for him. Q: Did anything inappropriate happen during this visit? A: No. Q: What was the day and date the alleged incident occurred? A: I don’t know the exact date. It was between mid January and mid February 2004. Q: On the night of the alleged incident, how did you make your plans with Cosby? A: He called me on the cell phone and because we had been in touch he knew I was busy with my job and changing my career to massage therapy. He knew that broadcasting was no longer an option. He knew I was thinking about going to school for massage therapy. Q: Did you make the plans for that evening? A: Mr. Cosby invited me up to the … house. He said to dress in comfortable clothing which I did. He said to come up around 8:45 PM. We were just gonna talk. I had given him my phone number in Toronto. Q: Who did Cosby say was going to be in attendance? A: He told me that no one else would be there. We would be talking about the move, the changes. P. 14 ….. Q: How did you get to Cosby’s home? A: I drove my vehicle. ….. Q: What did you do upon reaching the entrance to Cosby’s home? A: I called him from the street and told him I was here in the area and could I pull into the driveway. I used my Nextel phone owned by Temple. Mr. Cosby said come on in. I pulled into the driveway and went in the front door. Mr. Cosby let me in. He was in sweats. He told me to come in and we exchanged greetings. I then set down at the table near the front door. We had nothing to eat. We were just conversing. He told me he wanted me to relax. We were talking about my future and the changes in my life. Q: How long did that conversation last? A: Ten to fifteen minutes. We discussed how I had come to terms with the change and I mentioned to him that the situation had drained me, a little and that I was emotionally occupied with what was going on, and had missed some sleep over it. Q: Did you move your location in the house? A: I excused myself to go to the bathroom. Prior to going in the bathroom I had seen a bottle of Evian water and a bottle of wine on the table that we had set at. When I came out Mr. Cosby was standing by the table and I noticed that a very small amount of wine had be poured in a wine glass and water had been poured in a glass. I asked if he had poured that for me and he responded yes. I told him that I hadn’t eaten very much and I didn’t want to drink the wine. He said OK you can drink or you can nurse it. Q: What happened next? A: Mr. Cosby said he would be right back and he went up the stairs. He came back down in less than one minute. When he came down he had pills in his hand. Mr. Cosby said to me, “These will make you feel good. The blue things will take the edge off.” I asked if their herbal and replied “Yes.” … “Down them. Put ‘em down. Put them in your mouth.” At the same time he motioned for me to put them in my mouth. He had put them in my P. 15 hand all three of them. I took them and he told me to take the water which I did. I said to him I trust you. I swallowed them with the water. Then he told me to taste the wine. He told me to take one sip. I told him that I hadn’t eaten anything today. He told me to “just taste the wine.” Q: What happened after you dranked the wine and took the pills? A: We continued out conversation at the table. We talked more about finishing things at Temple for about another twenty to thirty minutes. Q: Did anything unusual start to occur? A: I started to have blurred vision. I told Mr. Cosby. I told him I can’t even talk, Mr. Cosby. I started to panic. He told me to lay down. He came to the chair and assisted me to the room behind the formal dining room like a sitting room. He walked me over and he placed me on the sofa. He assisted me in sitting down. Q: What did your body feel like after you drank the wine and took the pills? A: I got scared. I thought I was having a bad reaction to something. I had no strength in my legs. They felt rubbery and like jelly. I was a little spacy. Everything was blurry and dizzy. I felt nauseaus. I remember that I couldn’t keep my eyes open. I had no thought to call 911. Q: What did Mr. Cosby say to you? A: He said that he was going to lay me down on the coach. He said “I’m going to let you relax.” He did not sit on the sofa with me. Q: What was the position on the sofa? A: I was lying on my left side with my knees bent. This was the last thing I remember. Q: What were you aware of while you were lying on the sofa? A: I wasn’t aware of any sounds and my vision was blurry. I don’t know where Mr. Cosby went. I don’t remember a voice or sound after lying down. I knew I was on a coach, like some place stable. I had no sense of time. Q: What do you recall happened at the sofa? A: I recall Mr. Cosby’s body near mine. I was in and out. I remember Mr. Cosby positioned himself behind me. I knew he was there but I don’t know how he got there. I was aware that his hands were on my breasts. ….. I don’t remember any kissing, any intercourse or oral sex. I was unable to move my body. I was pretty much frozen. Q: Were you able to say anything to him? A: No, I was unable to speak. I was like paralyzed. P. 16 Q: Did you consent to any of these acts? A: No, I did not. Q: Do you know how long he was behind you? A: I have no idea. Q: Did Mr. Cosby ejaculate? A: I have no idea. Q: What happened next that you can recall? A: I recall coming to. I came up to a sitting position. I reattached my bra. My bra was undone. I had not undone my bra before I laid down. ….. Q: What happened next? A: I looked at my watch. I saw that it was around 4. I was worried about how long he had done something to me. I actually had gotten up and was walking toward the door. I saw Mr. Cosby standing at the bottom of the steps. He was dressed in a robe with a v-neck, like a burgundy or darker shade, and slippers. ….. Q: Did Mr. Cosby say anything to you? A: He said there’s a muffin there. He motioned to the table. He placed a muffin on a plate where I had been sitting previously. I stayed standing up and put my jacket on. I took a couple of pieces from the muffin, a mixed fruit muffin. Q: Did you move toward the door at that point? A: Yes. I put my jacket on and he communicated to me with his body language that it was time to go. He opened the door and stood there in his robe and I looked at him one more time. When he opened the door he said, “Alright.” Q: Did Cosby at any time inquire as to your condition from the night before? A: No he did not. Q: Was there any other conversation with Cosby at that time? A: No. Q: Did you move to your vehicle? A: I walked to my vehicle and I drove home. Q: Did you seek any type of medical treatment after this incident? A: No I did not. P. 17 ….. Q: Did Cosby contact you after this incident? A: Yes he did. He contacted me in March by phone. Q: Had you attempted to reach him following this incident? A: No. Q: What was the nature of the conversation with Cosby when he called? A: Mr. Cosby was very short and brief. He said, “We’re going to a Chinese restaurant in Chinatown. There will be Honor Students and there parents from Central High.” He said that there would be guidance counselors and others. He said we are going to meet there for six thirty. At first I was hesitant. I said, “OK but I would just like to talk to you Mr. Cosby. About something that has been on my mind.” He said just be there. We’ll see you there. ….. He said, “we’ll see you there, I got to go.” Q: Did you go to the restaurant? A: Yes I did. Q: What was your intent in going to the restaurant? A: To confront him and discuss what had happened and what he gave to me that night that would have made that situation happen. I just wanted to confront him about it and ask some questions. But right after dinner, he talked with his guests and I did not get to speak to him about what I wanted to. ….. Q: Were you sitting near Cosby at any time during the dinner? A: No. ….. Q: Did you have any conversation with Cosby at this dinner? A: No I did not. P. 18 Q: Did you speak with him after the dinner? A: Briefly. He said, “If you still want to talk to me, if so I’m going to talk to you. Come up to the house and I will talk to you.” ….. Q: What happened next? A: I walked in the door and set down again at the table. I right away said I need to just ask you some questions about what happened. About the encounter that we had. Right away he blew it off and showed no interest in discussing it. He said, “I don’t understand.” He was confused. He didn’t understand that I wanted to confront him about. Q: Did you ever specifically tell Mr. Cosby what you were there to discuss? A: No. I said, “I don’t know what happened but I’m uncomfortable with what happened?” He said, “Wait a minute, wait a minute, wait a minute.” He quickly changed the subject. He asked, “What’s going on?” He walked me to the same couch in the sitting room and was clearly confused about what was going on. I never mentioned the pills. I just said, “I don’t know what you did to me.” He set close to me. Too close to me and I was disturbed by that considering what had happened in that specific place. At that point I didn’t think I was going to accomplish what I wanted to do. As soon as he sat down next to me I changed my sitting position away from him and I got up and started walking towards the door. I hadn’t taken my jacket off at that point. I didn’t want to be there and I just wanted to leave. I put my hand on the door and he just stood there. He said goodbye and I walked out the door. He said, “I don’t know what’s going on.” Q: Did anything inappropriate happen at this encounter? A: No but I felt uncomfortable by his sitting that close to me. Q: He didn’t physically touch you at this time? A: No. Q: Did you return home? A: Yes I did. ….. P. 19 Q: Did you have anymore contact with Cosby prior to returning to Canada? A: No I did not. Q: When did you first tell someone about this incident? A: The first person I told was my mother and that was January 13, 2005. Q: What caused you to wait almost one year to tell someone about this incident? A: My position at Temple with the Womens’ basketball team, concern about my job. Even though I was leaving I had mixed feelings about saying anything at that point. I want to say that there was an element of fear. Before I was going to say anything to anyone I had to put my own thoughts and feelings together. I was emotionally shocked. I was still traumatized about the whole situation. I had some emotional distress that I was dealing with. I needed to come to terms with this on my own. I had to get clear enough about what happened to when I was ready to talk to someone I would be able to present exactly what happened. Because I wasn’t physically injured and that there was no violence attached to the situation, I reasoned that there was no reason to come forward at this point because I hadn’t suffered physical trauma. Q: How did you break this news to your mother? A: I had a flashback. The whole situation came to my consciousness. I just called my mom and said I need to tell you about something that happened to me. ….. P. 20 ….. Q: Did you ever tell Mr. Cosby that you were gay? A: No. ….. COMMONWEALTH’S EXHIBIT C-3 5/24/16 P. 1 CHELTENHAM TOWNSHIP POLICE DEPARTMENT INVESTIGATION INTERVIEW RECORD William H. Cosby Place of Interview: 1133 Avenue of America New York, New York Brought in by: Self Interviewer: Chief J. Norris/Det. Lt. Peffalt/Det. Schaffer Date and Time: 01-26-05 ..... Q: Where did you first meet Andrea Constand? A: I met Andrea Constand at the Liacouras Center in 2002. She made several vists to my home and we had telephone conversations Q: Was this a social relationship or romantic relationship? A: Both Q: When did it start to become a romantic relationship? A: On the second visit to my home Q: How many times was Andrea at your home when it was just you and Andrea? A: Three Q: Were there other occasions when there were dinner parties? A: Yes Q: When was the chef present? A: Sometimes ….. Q: Was there at least one occasion where you and Andrea were alone? A: Yes Q: Are you aware of the allegations being made? A: Yes Q: How are you aware? A: The claim was read by my attorney P. 2 Q: Have you had any conversations with the Mother and Andrea? A: Yes ….. Q: How many times did you call the home in the last two weeks? A: Where I made contact? Three times Q: What was the purpose of that call? A: Returning the call from Mrs. Constand Q: What did Mrs. Constand say was the reason for the call? A: Asking me what I gave her daughter. What kind of medication I gave her daughter Q: What did you tell in regard to that on the first phone call? A: I told her that I think I gave her some pills. Q: Did she ask what kind? A: Yes Q: What did you tell Mrs. Constand? A: I told her I could get that to her. Q: Did you say you would send that on a piece of paper? A: Yes Q: Why would you say that? A: I was startled. I didn’t know where she was going with her questioning and I from her tone I’m feeling that I’m being attacked. ….. Q: In the conversation with Andrea did you talk of sexual contact? A: Yes Q: What did you tell her? A: They’re both on the phone. What I did was recognizing this antagonism. I told her to put Andrea on the phone because I was very confused and startled me with the tone. I said to her mother guaranteeing her that there was no penal penetration. Q: Did you tell her there was no penile penetration? A: Yes P. 3 Q: What did you tell Andrea and her mother occurred that night? A: That if anything, there was petting, and the touching of private parts. Q: Being her breasts and vagina? A: Yes Q: Would you have remembered mentioning touching her vagina? A: Yes, I don’t know if I would have said vagina. ….. Q: Did you indicate that it was consensual on Andrea’s part? A: I don’t remember saying that. Using the word consensual Q: Let’s go back to the night in Cheltenham. What brought her there? A: It was established, Come out to the house I’m told that it was after dinner. But she came to the house. Andrea knows the way. I don’t remember dinner. Q: Andrea arrived at your house separately? A: Yes Q: Was the chef there? A: No Q: What room were you in? A: The kitchen Q: What did you talk about? A: We talked about her connection with thought patterns. We talked about her inability to sleep. Q: Do you recall if Andrea told you she was planning on leaving Temple? A: No I don’t. Q: Do you remember if Andrea told you about leaving? A: I don’t remember. Q: What was the reason for providing the medicine? A: My interpretation of Andrea and getting to know her and then talking to her. This conversation that we were having in the kitchen was that Andrea had this tension. Whatever. We talked about her eyeballs moving whenever she’s trying to sleep. And she was talking about tension or whatever. She just can’t remember. Can’t sleep so I came down with what I use. Q: Which is? A: Benedryl Q: Was this prescription or over the counter? A: Over the counter P. 4 Q: What do you take them for? A: For when I’m in different cities. I will take them if the time is turned around. Q: Did you tell Andrea what they were? A: No Q: Since that time have you told her? A: No Q: Did you plan on having Andrea spend the entire night at your home? A: No Q: How many pills did you give Andrea? A: One whole and then one I broke in half. Q: You buy those routinely over the counter? A: Yes Q: Do you keep those in your home at Cheltenham? A: No, I take those with me. Q: How long have you use those pills? A: 5 years. Q: What were you talking about at the time? A: We were talking about sleep and her stress. Q: So the reason for giving the benedryl was relaxing her? A: Yes and I feel comfortable doing that. We talked some more and then went to the living room and set down on the sofa I remember her getting up and going down the hallway. She knew the house at least the bottom part. She got up and went to the bathroom. Q: What happened on the sofa A: We began to pet. Q: Clarify petting A: Touching and kissing with clothes on. Q: At any point did Andrea tell you to stop? A: No Q: Did Andrea push you away at any time? A: No Q: Did you put your hands under her clothing? A: Yes Q: And at that time you touched her bare breasts? A: Yes P. 5 Q: And her private parts, her genetalia? A: Yes Q: Did she tell you to stop? A: No Q: Was Andrea conscious, awake? A: Yes Q: Did she ever tell you she felt paralyzed or affected by the Benedryl? A: No Q: She never made any coment that she felt affected by the Benedryl? A: No Q: Did she ever tell you her vision blurred? A: No Q: Unable to move any part of her body? A: No Q: At any point in this petting did Andrea ever place her hand on your penis? A: I don’t remember Q: At any time of the petting, did you ever remove your clothing? No sir Q: Did you ever unzip your pants? A: No Sir Q: Her hands under your clothing, your shirt? A: No Sir Q: How far did the petting progress, did you have intercourse? A: No sir Q: Why did the petting stop? A: I never intended to have sexual intercourse, like naked bodies, with Andrea? We are fully clothed we are petting, I enjoyed it. And then I stopped and I went up to bed. We stopped and then we talked. Q: Had you had any petting or romantic relationship prior to that night? A: Yes Q: How many times? A: At least three other times in my house. In the other living room. Q: Were they similar, fondling kissing touching? A: Yes P. 6 Q: So you never has sexual intercourse? A: Never asleep or awake Q: So petting on atleast three other occasions? A: Yes Q: Where is the other incident? A: In November at Foxwoods. November 2003 at Foxwood Casino. Q: Under what circumstances was she was at Foxwood Casino? A: I invited her to visit. Q: In your suite? A: She had her own room. I called her and she came up Q: Did you have dinner with anyone in that suite? A: Yes Q: Who A: Yes I invited the entertainment manager. Q: The Entertainment Director for Foxwood? A: Yes. CANTONE Q: Can you describe the petting incident? A: I had on my pajamas. May I describe my pajamas? Lawyer Yes A: My pajamas consist of a long shirt that goes to the knees and then I have long pajama pants. Andrea came up and got into the bed with me and we stayed on top of the covers with our clothes on. It was after 1130 or so. Q: Was dinner with the entertainment director after the show? A: Yes Q: Did Andrea attend the show? A: I don’t know Q: How did she get there? A: I called her Q: How long did Andrea stay in your suite that night? A: Maybe about two hours. Q: Did it go beyond kissing fondling? A: We did not kiss. I held her in my arms and we talked” P. 7 I do not remember fondling her Q: So then the sexual contacts would have occurred at the Cheltenham Home? A: Yes ….. Q: So after the show you laid in the bed with Andrea for how long? A: Yes. For two, two and a half hours? Q: Fully clothed? A: Yes Q: Did you touch her breast or private parts? A: No Q: Did she touch your private parts? A: No Q: So the romantic involvent always occurred at the Cheltenham Home? A: Alright Q: Did you ever kiss or fondle her any place outside the home? A: I don’t think so. ….. Q: Why did you not have sexual intercourse? A: I didn’t feel like it. I like the petting the touching. Q: Who initiated the petting on every occasion? A: I did Q: And Andrea on every occasion was a willing participant? A: Yes Q: Did you ever French kiss on any of those three occasions? A: Yes Q: Did Andrea ever say stop? A: Once. We stopped. Q: Which visit? A: The second visit. P. 8 We had some petting and touching of private parts. Clothing is on. We got up two steps, which puts us in the hallway. We stop and I lift the front of her shirt and lift her bra freeing her breast. This was the first time I put my lips to her breast as she said stop. I put the brassiere down and stopped and we walked to the exit. Q: Did she become angry? A: No that I could read anything. My impression was that she just didn’t want to go that far. Q: So you respected that and left A: Yes Q: Did you have an erection during this petting session A: Yes Q: On every time? A: No Q: On which occasions did you? A: The second one Q: Which time was that? A: That’s the one where she said no Q: When you were in bed did you have erection? A: No sir ….. Q: On that night that you gave the Benedryl to Andrea, she did not ask you what they were? A: That is correct Q: Did you say anything to her when you had them? A: It had to be about her not sleeping, her stress, etc. Q: Was there any alcohol being consumed on that occasion? A: No Q: Absolutely sure there wasn’t any wine consumed? P. 9 A: I do not recall. Q: Do you recall where you were prior to coming to the house? A: No Q: Did Andrea appear to be under the influence that night? A: No sir Q: Did she ever appear to be under the influence on any other time you were together? A: Yes. Atleast twice when she consumed both during and after dinner, she consumed alcohol. Q: She never came to your home already under the influence? A: No Q: The night of the Benedryl, did she have anything to drink in your home? A: Not that I recall. Q: The other nights did you drink alcohol? A: I do not drink alcohol. Q: On those nights, Andrea did have some alcohol at your home? A: Yes. Red wine and Cognac. Q: How much did Andrea have to drink those nights? Lawyer: You have to break it down Q: Each night about how much? A: Two glasses of wine and a couple of shots in a snifter of cognac. Q: Did Andrea ever appear to be drunk from the alcohol she consumed with you? A: Not what I would call drunk. Q: She left to go back to her apartment in Philly each night? Q: Was she ever in a condition that you were concerned about her getting back? A: Yes Q: Did you ever express that concern? A: Yes. Q: What did she reply? A: She said she was alright I told her to call me when she got home Q: Did she call? A: No Q: Did you call her A: Yes P. 10 Q: Did you ever say would call a cab? A: No Q: Going back to the night with the Benedryl, there was no alcohol involved? A: Not that I know of. Q: Did she appear to have been drinking prior to getting to your home? A: No Q: Did Andrea ever initiate the petting? A: No Q: Do you recall what time Andrea went home the night of the Benedryl incident? A: No. Morning. Q: When the petting stopped, did you go up to bed? A: Yes. No we talked a while. Q: You go up to bed and leave Andrea on the sofa? A: Yes Q: Did you see Andrea the next morning A: Yes Q: How did you see her A: I woke up to get her up to drive home Q: So when you came down she was asleep on the couch A: No, she was awake Q: Was there any conversation from night before? A: Yes Q: Did Andrea have anything to eat prior to leaving” A: Yes it was a homemade blueberry muffin. A cup of tea. I believe it was a cup of tea that I made for her Q: After that night did you see Andrea again? A: I don’t recall Q: Do you remember coming to Philadelphia and coming to a Central High School dinner at the Phoenix Restaurant with Mrs. Gorden? A: Yes. I don’t remember Andrea being there. Q: This was after the time she was at the home with the Benedryl? A: I don’t remember P. 11 I don’t remember her coming back to the house after the Chinese Restaurant. Q: You don’t remember if the Phoenix Restaurant was before the Benedryl or after? A: I don’t remember Q: Let’s back up to the calls to Canada. How did Andrea or her mother first make contact with you? A: There was a message to my NY phone service. ….. Q: The conversation is with Mrs. Constand? And the interest in in wanting to know what the pill was? A: Yes Q: Did you tell her you would write it on a piece of paper? A: Yes Q: Why? A: Because I didn’t like where her sound was going. I admitted that I would send it to them in the beginning. But then I didn’t like where the conversation was going Q: And at some point the conversation went to sexuallity? A: Yes Q: And at some point you talked about her education? A: Yes Q: Why did you talk about Andrea’s schooling? Graduate school? A: Because of what her mother said on the first conversation Q: What was the nature of the first conversation? A: Three times her mother says to me that this is a horrible thing. What you have done to my daughter. It is something that a mother, I don’t think she said nightmare. She said it is something a mother hopes will never happen to her daughter. She said this three times. She also said three times Andrea, something pertaining to, not knowing how long this will take how long it will take Andrea to heal. And how long it will take her the mother to heal. P. 12 First I apologized. Twice. Then she said I said what do you want me to do? I said what can I do and she said nothing. She said you apology is enough. So I asked that twice. She said nothing there is nothing I can do. So we hang up. I know Andrea. And so I called her back, thinking listen, I know that Andrea has talked about graduate school. Why don’t we have a conversation, and talk about what she wants to be. Whatever grad school, we will pick up the tab but she must maintain a 3.0 gpa Q: When you say “we” who do you mean? A: Well like our family. When we write a check that’s what we do Q: What was the response? A: She did not accept, nor did she reject it. ….. Q: At any time because of who you are, did you feel that there was the potential that either Andrea or her mother was going to use this information to either embarrass you or extort you? Did you have any of those concerns? A: Yes Q: Is it safe to say that because of those concerns is why you offered the education? A: Something I want to say Conference with lawyers Q: Mr. Cosby did you during your relationship with Andrea Constand, did you sincerely like the you lady? A: Yes Q: Did you have her best interest and future in your concerns? A: Yes Q: And was that strictly because of romantic interests? A: No Q: Did romantic interests develop after your friendship was established? A: I said I’d like to get to know her Q: And you were interested in her career? A: Yes. We talked about it often. Q: Would you say that Andrea looked at you as a mentor? A: Yes P. 13 Q: And you encouraged that relationship as a mentor? A: Yes Q: Do you recall if you ever had Andrea meet anyone else that would have helped her in her career, in NYC? A: Yes Q: Who was that? A: The person I believe you mean is Lew Weiss Q: Were you present or did you arrange that meeting? A: Arranged Q: Did she discuss the results of that meeting? A: Yes Q: What was that? A: What I remember is she met with Weiss. I’m not sure if he sent her to meet Mr. Ebersol or if someone saw her. I’m not sure Q: Did you introduce Andrea to Mr. Kipps? A: Yes. We had dinner with an Indian Director who is highly touted. I invited her from Philly to dinner and Charles Kipps and I were probably writing or something. We wanted this Indian woman to be a director for the Fat Albert Movie. Q: Did you ever request from Andrea a resume or head shots, photographs? A: I’m not sure. Yes Q: Do you remember looking at photos with Andrea A: Yes Q: Do you remember say the pictures were not that good or what you did? A: No Q: Did you ever send Andrea to another photographer? A: No – not sure. Q: Over the course of the relationship what gifts did she give you? A: T-shirts. Temple women’s basketball Q: Any Bath salts? A: Yes Q: Anything else? A: Yes Q: Photos, cartoons, a t-shirt with a cartoon superimposed A: OK yes Q: What would you have done with that? P. 14 A: It’s probably somewhere. I don’t know Q: What gifts did you give? A: Stopwatch, three cashmere sweaters. Q: Did you puchase them? A: No I think someone else purchased and mailed them to her Q: Perfume? A: I don’t remember Q: Are you sure about the sweaters? A: I don’t know. The perfumes may have been samples Q: Did Andrea ever indicate she wanted a serious relationship? A: No Q: Did she want the relationship to go further than petting? A: No Q: Never any discussion about that relationship? A: No. I don’t think either one of us ever talked about it going any deeper Q: After Andrea left and she stopped coming to your home did she ever call you? Did you stay in touch with her in Canada? A: Yes Q: Did you ever call her from the time she left Temple to go back to Canada? A: I don’t know. Q: Do you recall if you talked to her at all in Canada prior to this last January? A: Yes Q: What for? A: Yes. How she was doing up there. And the fact that I was coming to the Toronto area. Q: How did you make the arrangements to meet her in Toronto? A; We talked on the phone Q: Was this Casino Rama? A: Yes. That’s where the show is Q: Did you meet her family after the show in Toronto? A: No Q: Where did you take the photographs with her family? P. 15 Q: When was Hamilton Place? A: That was before Casino Rama. I saw her mother an her sister in a performing arts venue when Andrea was still at Temple University. Q: At any time did you see her family after her leaving Temple? A: No Q: Could Andrea or her family obtain tickets for a show other than going through you? A: If she paid for them. Other than that somebody has to call me. Andrea and I talked about tickets. What you do is get the name and get the block of tickets. Q: On one of the phone conversations, you wanted them to go to Miami. What was the purpose? A: ….. The only thing I could see was that maybe they were upset because I wasn’t calling anymore or seeing them anymore. They were upset about Andrea sending a t-shirt when I was in Toronto and I had not responded. The mother blamed me for Andrea being depressed. She, the mother, blamed me for her being depressed. She then said that Andrea was depressed and then got pneumonia. I take all of this in and then say let’s have a meeting over the weekend. I’m going to appear in Florida. I will arrange for them to go to a hotel and then we can hopfully iron our whatever these problems happen to be. Q: After these obvious concerns, who did you contact? A: A Marty Singer, he’s a lawyer. ….. The reason why I called Mr. Singer was because I began to get the feeling because I could hear from the uncertainty. I don’t trust the mother. I don’t trust a woman who says that she does not know how long it will take her to heal I called the attorney because I wanted them to send a a letter to them to see about some kind of grad school. Q: When did you call Mr. Singer? A: After the phone conversation where I invited them to Florida. ….. Q: Going back to when you met Andrea for the first time, did you inquire to anyone whether she was in a relationship? A: No sir P. 16 ….. Q: Did you at any point in your relationship with Andrea, promise her anything? A: Yes. Q: What was that? A: Well for instance, I promise that I will send you to the Morris office to se Lou Weiss. And that happened. That’a about it. ….. Q: How many benedryl tablets do you take? A: Two Q: Right away you go to sleep? A: Yes. I am drowsy. I would not take this and go out and perform Q: You gave Andrea one and a half? A: Yes Q: You take two full tablets? A: Yes sir ….. P. 17 ….. Q: Have you ever know Andrea at any time to be untruthful? A: No ….. P. 18 ….. DEFENDANT’S EXHIBIT D-2 5/24/16 P.1 MONTGOMERY COUNTY DETECTIVES INVESTIGATION INTERVIEW RECORD Andrea CONSTAND Place of interview: Durham Regional Police-Canada INTERVIEWER: Peffall/Schaffer DATE AND TIME: Wed. 2/9/2005 Present for interview is attorney BeBe KIVITZ Q. Andrea, we are going to review a few things since your last interview, is that OK? A. Yes. Q. Did you have any other sexual encounter with Mr. Cosby that you did not tell us about? A. Yes, I had gone to the house, the chef was there. I had a couple of glasses of wine and I was talking with Mr. Cosby. Mr. Cosby unbuttoned my pants and touched me. Not inside my pants, I leaned forward to stop him. I don’t even know what I said. He got up and went into the kitchen. I left about ten minutes later. Nothing was said by either one of us about this advance. Q. Before Mr. Cosby unbuttoned your pants, had you kissed or in any way talked about sex? A. No, his actions came out of the blue. Q. Did Mr. Cosby ever kiss or attempt to kiss your breast when you were leaving his home? A. No. P. 2 Q. Did Mr. Cosby ever kiss or attempt to kiss your breasts and you told him “no” or to stop? A. No. Q. Did Mr. Cosby ever give you a cashmere sweater? A. Yes three. One was gray, charcol and red. They were for my birthday. ….. Q. Have you ever changed your hair style at Mr. Cosby’s request? A. Mr. Cosby would say why does your hair look wet and it felt hard. I told him I used jel, he asked me if I had ever blown my hair out. I said yes when I was younger. That is when Mr. Cosby offered to buy me a blow dryer. Mr. Cosby told me to go to a salon and get a good one and he would take care of it for me. Q. How much did you pay for the blow dryer? A. $200 or $225 with tax. Q. Where did you buy it? A. A delivery person brought it to me from King of Prussia. I ordered it over the telephone. I told Mr. Cosby I could go to K-mart and he said get a good quality one. P. 3 Q. Did you call Mr. Cosby for the CasinoRama tickets for your family? A. I don’t recall if he told me to tell me he was coming to Canada or I called him at my family’s request. Q. Did Mr. Cosby want you to come to Toronto a day early before your family came for the show? A. Yes, I told him I could not go. Q. Did he say why he wanted you to come early? A. No he did not. Q. Was this the first telephone conversation you had with Mr. Cosby after you left Temple? A. I believe so, only the ones concerning CasinoRama. Q. Did you call Mr. Cosby in December of 2004? A. Yes, I called and hung up. I never talked to him, I never talked to anyone at the service. I wanted him to answer so that I could confront him about what had happened, and what pills he had given me to put me in that state. Q. You did not talk to anyone or leave your name or number? A. No I did not. I also called him a few days before I went to the police. The same thing I hug up. Q. Did you tell your mother or anyone else that you made those calls to Mr. Cosby? A. No I did not. Q. Did you tell your mother when you first called her that you had “Post Traumatic Stress Disorder”? A. No I did not. P. 4 A. cont. After we talked about the entire Cosby issue, my mother said that I suffering from Post Traumatic Stress” .. Q. Andrea, have you ever taken over the counter medications like Nyquil, Benedril, or Sudafed? A. No, never. The only thing I do take is Advil for cramps. Q. Do you recall if the pills Mr. Cosby gave you could have been “broken” pills or a half of a pill? A. No, they were round or oval, blue and small. With some type of marking on them. Q. Did you talk to two Philadelphia lawyers the day you called the police in Canada? A. Yes, I left messages. Q. Did you ever talk about any type of money, trust fund, education expense, etc. that Mr. Cosby should be made to pay or give you for what happened BEFORE you gave your report to the Canadian police? A. No. Q. Have you ever taken medication for ADD? A. No, but as a child I was hyper active and I was given Ritlin for a very short time. Q. Did you ever tell Mr. Cosby that you were gay or that you were not interested in any type of physical or romantic relationship? A. No. I never told him I was gay and I never gave him any reason to believe that I was interested in him. In the two instances when he touched me prior to the incident, even though I did not say it, I stopped him and left the house. I left very soon thereafter. P. 5 Q. Andrea, whose idea was it to call the lawyer in Philadelphia before the police? A. Mine, I was not sure what to do, who to turn to. I knew I was doing the right thing by going to the police. Q. Whose idea was it to tape Mr. Cosby when he called? A. It was mine, I wished I had taped the first conversation. My mom and I had talked about it. Q. What was your relationship with Warren Chambers? A. Friend, business. He wanted to make me the Director of Product Development. Q. Andrea, do you have any other information that you want to give us at this time? A. No I did go see Mr. Weiss in New York. Mr. Cosby was not there. He gave me the number and I arranged it on my own. That is the only meeting, that I can recall, that Mr. Cosby had helped me with. ….. P. 6 Addendum to statement-Wed. 2/9/06 Q. ….. Did you confront Mr. Cosby when you went to his home after the dinner at the Pheonix in Philadelphia? A. Yes, I told him I wanted to talk to him about what he did to me. He reply to me was, “I thought you had an orgasm”. I was totally stunned by that reply and said I don’t understand, I don’t want to talk about this. I was upset by his reply. I got up and left. I was not at the house more than five or ten minutes. R.L. PEFFALL DEFENDANT’S EXHIBIT D-3 5/24/16 CHELTENHAM TOWNSHIP POLICE DEPARTMENT INVESTIGATION INTERVIEW RECORD Andrea CONSTAND Place of interview: PAB by Phone. Interviewer: Det. Richard Schaffer Date and Time: 01/19/05 P. 1 Initial Conversation with Victim Background Information ….. Incident being Investigated: Andrea related that she recently informed her mother of the alleged incident. She attempted to contact attorneys in Philadelphia for guidance. The victim stated that the date of the alleged incident may have been March 16, 2004. The victim was able to confirm this date after she called a person identified as a Guidance Counsellor for Central H.S., who was at the dinner party on the night the incident allegedly occurred. The person was not informed why the victim was seeking the information. The complainant stated that she had been to Cosby’s home 3-4 times and that the visits were always business related. She stated that she was there for dinner. Complainant’s mother placed a call to Cosby the Sunday after the incident report. Cosby later called her residence and she got on the telephone. Conference call with Cosby, mother, and victim. Mother said, Mr. Cosby I need to speak with you about something that is disturbing Andrea. P. 2 Cosby allegedly stated, “I’M IN THE HOT SEAT HERE.” Cosby later stated, “I DID NOT MEAN TO HARM YOU.” The victim asked him the name of the drug he gave her. Cosby responded by saying that he could not say the name over the phone. He did offer, “Don’t worry it won’t harm you. It wouldn’t have done any harm.” He knows what he did wrong. He apologized. The Caller ID read private long distance. Cosby offered to fly the complainant and her mother to a city to discuss the matter. Cosby spoke of furthering victim’s education and offered to help her get her graduate degree. “I would like you to fly into a city so we can discuss certain things.” The complainant later received a series of calls from Cosby representatives. William Morris in NYC contacted the residence. He was a publicist for Cosby. Victim answered. We want you to go to Miami. Departing Sunday. Publicist has called you twice. Sunday I did not have a recorder. Attorneys in Philadelphia were contacted: BB Kibbett. Joe Cincetta. The victim did not reach Cincetta as he was in court. She related the incident to Kibbett, who offered her services. “I would be willing to take a polygraph.” Local cop here. ….. I have a degree. I was given three of the same colored blue tablets. ….. I can give you details. Of him, what he was wearing. What his house looks like. Where he laid me down. P. 3 Hd you ever been to that house before? A: Yes. I had been to that estate four times. On those three occasions: 1: Chef 2: Four people over for dinner 3: Couple of professors and a president of a University. Money for some type of building. The last time I was at his house we were alone. Emotionally fragile. MOTHER We had met him when he was in Toronto. My immediate reaction was to confront him. I didn’t think he would call me back. I did not have a tape recorder at the time. file:///D:/BILL%20COSBY-Cosby_deposition-POLICE%20REPORT.pdf BENADRYL Bill Cosby Arrives for Pretrial Hearing In Criminal Sexual Assault Case By JOI-MARIE MCKENZIE Linsey Davis Nov 1, 2016 ..... In depositions for that case, Cosby claimed to have given Constand Benadryl because she complained of tension and an inability to sleep. ..... ABC News Drugs & Medications Benadryl GENERIC NAME(S): DIPHENHYDRAMINE HCL Uses Diphenhydramine is an antihistamine used to relieve symptoms of allergy, hay fever, and the common cold. These symptoms include rash, itching, watery eyes, itchy eyes/nose/throat, cough, runny nose, and sneezing. It is also used to prevent and treat nausea, vomiting and dizziness caused by motion sickness. Diphenhydramine can also be used to help you relax and fall asleep. ….. To prevent motion sickness, take your dose 30 minutes before starting activity such as travel. To help you sleep, take your dose about 30 minutes before bedtime. If you continue to have difficulty sleeping for longer than 2 weeks, contact your doctor. Tell your doctor if your condition does not improve or if it worsens. ..... Side Effects Drowsiness, dizziness, constipation, stomach upset, blurred vision, or dry/nose/throat may occur. If any of these effects persist or worsen, tell your doctor or pharmacist promptly. ….. Tell your doctor right away if you have any serious side effects, including: mental/mood changes (such as restlessness, confusion), difficulty urinating, fast/irregular heartbeat. Get medical help right away if you have any very serious side effects, including: seizures. A very serious allergic reaction to this drug is rare. However, get medical help right away if you notice any symptoms of a serious allergic reaction, including: rash, itching/swelling (especially of the face/tongue/throat), severe dizziness, trouble breathing. This is not a complete list of possible side effects. If you notice other effects not listed above, contact your doctor or pharmacist. In the US - Call your doctor for medical advice about side effects. You may report side effects to FDA at 1-800-FDA-1088 or at ..... In Canada - Call your doctor for medical advice about side effects. You may report side effects to Health Canada at 1-866-234-2345. WebMD ETC. “UNSUBSTANTIATED” ALLEGATIONS OF THE DA’S THIRTEEN ACCUSERS Bill Cosby Arrives for Pretrial Hearing In Criminal Sexual Assault Case By JOI-MARIE MCKENZIE Linsey Davis Nov 1, 2016 ….. The Associated Press last year asked the court to unseal the deposition. U.S. District Judge Eduardo Robreno agreed to the request and opened up a small portion of the deposition in July 2015. That same year, Castor said the allegations in Constand’s lawsuit were more serious than the account she had given to police, and if that information had been known at the time, “we might have been able to make a case.” ….. ABC News Cosby lawyer attacks ‘bandwagon’ accusers’ accounts as vague By Maryclaire Dale and Michael R. Sisak Associated Press Published: Dec. 14, 2016 Updated: Dec. 15, 2016 ….. McMonagle argued prosecutors dredged up unsubstantiated assault allegations dating to the 1960s to try to breathe life into a weak case, and urged O’Neill to “follow the money” when examing the motives of the accusers. ….. Deseret News Bill Cosby sexual assault prosecutors ask judge to allow 13 accusers to testify By Molly Redden Tuesday 13 December 2016 Last modified on Tuesday 13 December 2016 ….. Without forensic evidence, witnesses, or a timely police report to present, prosecutors may struggle to convict Cosby. The current prosecutor’s predecessor, Bruce Castor, has expressed skepticism that a jury would find Cosby guilty unless other several other accusers testified to a pattern of behavior. ….. The Guardian Cosby hearing adjourns with no decision made AP Published Dec. 14, 2016 Updated Dec. 14, 2016 ….. The prosecution began proceedings Wednesday arguing that the accusers should be allowed to testify, telling Montgomery County Judge Steven O'Neill that their stories are so similar that they show the “handiwork of the same perpetrator,” said Montgomery County District Attorney Kevin Steele. ….. Steele said Cosby befriended women who saw him as a mentor, knocked them out with pills and drinks and sexually assaulted them. “This is a lifetime of sexual assault on young women,” Steele told O’Neill. ….. “We ask the court to look at the remarkable similarities” in the assaults, Steele said. “That is an essential element to all of this. You have a situation in each case where it’s a young woman. He is significantly older. He is married at the time. All but one of the women met the defendant through her employment. He acted as a mentor.” ….. USA Today Bill Cosby's Legal Team, Prosecutors Square Off on Whether Accusers Can Testify By Ashley Cullins January 04, 2017 ….. Montgomery County (Pa.) District Attorney Kevin Steele claims that since the Commonwealth charged Cosby with aggravated indecent assault in December 2015, it has investigated nearly 50 claims of "virtually identical drug-facilitated sexual assaults on women." Of those women, Steele is asking the court to allow 13 to testify as witnesses to "prior bad acts" — seeking to establish an "absence of mistake." According to a brief filed Tuesday by Steele's office, the basic logic is that as the number of similar incidents increases, the likelihood that the conduct was unintentional decreases. Cosby's legal team, led by Angela Agrusa and Brian McMonagle, claim that Steele is prosecuting the comedian only because he had to "go big" to win his DA campaign. "If it was not already apparent to the Court (or the world) prior to the hearing on the Commonwealth's Motion, the prosecution has now made it fully transparent: This action is not about the accusations of Andrea Constand," states the brief filed Tuesday. "And, it never has been." Cosby's attorneys argue that the DA doesn't have a case based on evidence relating to Constand alone and needs testimony about accusations of unrelated third parties in order to convince a jury to convict the comedian, and allowing the accusers to testify would be an unjust effort to "breathe life into a meritless case." ..... Agrusa and McMonagle argue that the women truly have only one thing in common: attorney Gloria Allred, and they claim that several of her clients didn't think they had been assaulted until after they heard other accusers come forward in the media. "To the extent the Court sees any 'fingerprint,' it is Gloria Allred's," states Cosby's brief. "She molded the accusers' stories, packaged them up, spoon-fed them to the District Attorney's Office, and manipulated the 'screening' by personally participating in the calls and meetings. And, District Attorney Steele allowed her to do so without conducting any independent investigation into the accusations and backgrounds of these proposed witnesses." ….. Cosby's attorneys also are currently seeking a change of venue for the trial, arguing that extensive media coverage and Steele's mention of the Cosby case during his campaign will impede a fair and impartial trial in Montgomery County. They argue that allowing these witnesses to testify would further diminish the likelihood of an unprejudiced jury. "The Commonwealth is asking the Court to do something no other court in Pennsylvania has done: allow a jury to hear extremely prejudicial testimony about ancient accusations from the 1960s, 1970s, 1980s and 1990s in a criminal trial where a man's liberty is at stake, after an astonishing amount of media coverage that the proposed witnesses themselves have participated in extensively," states Cosby's brief. Hollywood Reporter The Other 13 Women Testifying Against Cosby ... if the Court Lets Them By GRAHAM BOWLEY And SYDNEY EMBER SEPT. 23, 2016 ….. Twelve of the 13 women say Mr. Cosby offered them alcohol or pills or both. One woman said she drank a glass of soda, which she says she believes was laced with a drug. Ms. Constand says Mr. Cosby had evolved into her mentor, invited her to his home, gave her pills and wine, then molested her while she was incapacitated. Mr. Cosby has denied all of the women’s charges. Prosecutors did not name the women in their court papers. But 11 of them — Janice Baker Kinney, Therese Serignese, Linda Kirkpatrick, Heidi Thomas, Margie Shapiro, Lise-Lotte Lublin, Donna Motsinger, Rebecca Lynn Neal, Linda Brown, Cindra Ladd and a woman who identified herself only as Kacey — have previously come forward to publicly detail their allegations, and their identities are clear from the information made public in the court filing. ….. Two of the 13 women, a former flight attendant and a woman identified in court papers as having worked at the Playboy Club in New York, do not appear to have ever come forward publicly. ….. According to prosecutors, the women often met Mr. Cosby through their work, and he would win their trust with career advice, or invitations to dinner — as, they say, happened in Ms. Constand’s case. ….. NY Times Lawyers in Bill Cosby case clash over testimony of other accusers By Carl Hessler Jr. Posted: 01/04/17 ….. Prosecutors claim the testimony is relevant “to establish a common plan, scheme or design” for the jury. “In other words, this evidence is relevant to establish that an individual, who over the course of decades intentionally intoxicated women in a signature fashion and then sexually assaulted them while they were incapacitated, could not have been mistaken about whether or not Ms. Constand was conscious enough to consent to the sexual abuse,” Assistant District Attorney Adrienne D. Jappe and Deputy District Attorney Robert M. Falin wrote in court papers. ….. Legal insiders believe the key to the prosecution’s case against Cosby is the admissibility of evidence involving alleged accusers who came forward after Constand’s allegations came to light. ….. The similarities, prosecutors claim, include that Cosby was a married man at the time of the alleged encounters, that he was “a mentor” to the women and used his status and notoriety to get close to them, that he sought out significantly younger women and that he plied the alleged victims with an intoxicant and assaulted them when they were incapacitated. ….. Daily Local ETC. INSEPARABLE FIFTY-PLUS ACCUSERS Cosby hearing adjourns with no decision made AP Published Dec. 14, 2016 Updated Dec. 14, 2016 ….. Prosecutors are trying to show Cosby already had a long history of drugging and molesting women by the time of his 2004 encounter with Andrea Constand at his suburban Philadelphia home, the subject of the sexual assault case against him. ….. USA Today The Other 13 Women Testifying Against Cosby ... if the Court Lets Them By GRAHAM BOWLEY And SYDNEY EMBER SEPT. 23, 2016 ….. Prosecutors in Montgomery County, Pa., announced this month that 13 women, selected from a larger pool of nearly 50 who say Mr. Cosby assaulted them, have now agreed to come forward and testify at a long-anticipated criminal trial next June. The prosecution has asked the court to allow the women to testify ….. If the testimony is allowed, the prosecution’s case would be bolstered by its ability to bring forth accuser after accuser with accounts similar to that of Andrea Constand ….. “It could be the most important ruling in the case,” said Benjamin Brafman, a defense lawyer in New York who is not involved in the Cosby case. “It is no longer just one person making the allegations.” ….. While most of the women who have agreed to testify had once been public with their identities and accusations, even going so far as to participate in news conferences, they did not want to comment further at this point. Patricia Leary Steuer, 60, who has accused Mr. Cosby of drugging and assaulting her but is not among the 13 women, said, “None of us want to jeopardize the outcome of the trial by speaking in a way that would make the prosecutor’s job more difficult.” She added, “We’re all voluntarily being very quiet.” ….. According to prosecutors, the women often met Mr. Cosby through their work, and he would win their trust with career advice, or invitations to dinner — as, they say, happened in Ms. Constand’s case. ….. Ms. Allred had at one time represented at least seven of the 13 women planning to testify. ….. NY Times Bill Cosby resigns from Temple University board Katia Hetter, CNN CNN's Dana Ford, Ronni Berke and Todd Leopold contributed to this report. Updated Tue December 2, 2014 ….. The latest allegations come amid the revelation that Cosby gave an exclusive interview to the National Enquirer in exchange for the publication not printing the story of Beth Ferrier. ….. "I would give them an exclusive story, my words" Cosby said, according to court records of a 2005 deposition, talking about what his understanding was with the National Enquirer. "What would they give you in return?" he was asked. "They would not print the story of -- print Beth's story," Cosby said. The transcript continues: "Did you ever think that if Beth Ferrier's story was printed in the National Enquirer that that would make the public believe that maybe Andrea (Constand) was also telling the truth?" "Exactly," Cosby replied. ..... CNN Cosby lawyer attacks ‘bandwagon’ accusers’ accounts as vague By Maryclaire Dale and Michael R. Sisak Associated Press Published: Dec. 14, 2016 Updated: Dec. 15, 2016 ….. At a hearing outside Philadelphia, the defense portrayed the potential prosecution witnesses as “bandwagon” accusers who came forward because they sought to cash in on Cosby’s fame and wealth. The women went public at the urging of “clever, cunning lawyers who had the agenda of bringing down an American icon,” Cosby lawyer Brian McMonagle told Montgomery County Judge Steven O’Neill ….. Deseret News Bill Cosby’s legacy, recast: Accusers speak in detail about sexual-assault allegations By Manuel Roig-Franzia, Scott Higham, Paul Farhi and Mary Pat Flaherty November 22, 2014 Bill Cosby’s life and career ….. The Post also has reviewed court records that shed light on the accusations of a former director of women’s basketball operations at Temple University who assembled 13 “Jane Doe” accusers in 2005 to testify on her behalf about their allegations against Cosby. ….. Washington Post Bill Cosby again appeals order to trial on sex charges Maria Puente July 20, 2016 ….. So Constand sued Cosby in 2005 and settled for an undisclosed sum in 2006. A dozen women were prepared to testify in her suit that Cosby did to them what Constand says he did to her, but they never got the chance. In October 2014, more Cosby accusers started to come forward publicly — they now total nearly 60 women — to allege Cosby drugged and/or raped them in episodes dating back decades. ….. USA Today Bill Cosby sexual assault prosecutors ask judge to allow 13 accusers to testify By Molly Redden Tuesday 13 December 2016 Last modified on Tuesday 13 December 2016 ….. In earlier hearings and court filings, attorneys for Cosby hinted that they would put up a bruising fight. One document revealed that Cosby’s defense team had already begun to look for unflattering details about his accusers – such as one woman’s connection to drug smugglers. Cosby’s attorneys have also argued that the age of some of the allegations make them impossible to disprove, because Cosby would be hard-pressed to recall details and several of the accusers could not name a date, time or place where the assault allegedly occurred. “We are left with reports that were prepared by their detectives just recently,” said Brian McMonagle, one of Cosby’s attorneys, at a recent hearing. Their accusations, he said, amount to “sometime, somewhere, someplace Bill Cosby did something to me”. The women are anonymous in the court filings, but 10 of them have told their stories in detail under their full names in the media. Prosecutors interviewed dozens of accusers who do not appear on their list of 13 potential witnesses, other Cosby accusers told the Philadelphia Inquirer. They seemed to rule out women whose stories were not highly similar to Constand’s. ….. The Guardian Lawyers in Bill Cosby case clash over testimony of other accusers By Carl Hessler Jr. Posted: 01/04/17 ….. McMonagle and Agrusa argued the women have shared their stories with one another to the point their recollections are “tainted” or “deliberately manipulated.” Ten of the 13 women, according to defense lawyers, did not come forward until more than a decade after the prosecution’s highly publicized 2005 investigation of Constand’s allegations. Many of the 13 women are represented by well-known celebrity lawyer Gloria Allred and have launched media campaigns, making their claims suspect, defense lawyers claimed. ….. Daily Local THOMAS MESEREAU https://www.youtube.com/watch?v=n0fCJOLzUj8 Bill Cosby Sexual Assault Cases Dropped + Sandra Bland Trooper Charged With Perjury Published on Jan 7, 2016 Bill Cosby had two of the sexual assault cases against him filed in Los Angeles dropped by the Los Angeles District Attorney who announced they would not prosecute the claims filed by Chloe Goins or Jane Doe Number 2 in 2008 and a woman who listed her name as Jane Doe 1 in 1965. Meanwhile, Brian Encinia, the state trooper who arrested Sandra Bland, has been indicted on a perjury charge. We examine both stories and look at the faulty investigation into Chicago police misconduct with defense attorney Tom Mesereau, in this uncensored Crime Time episode hosted by Allison Hope Weiner. GUEST BIO: Best known for defending Michael Jackson in his 2004/2005 child molestation case, Thomas Mesereau has worked with such notable clientele as Robert Blake, Mike Tyson, and Joe Babijian. He is also extensively experienced in pro-bono cases and has received awards and recognition for his community service and humanitarian activism on behalf of poor and disenfranchised people. ….. The Lip TV DRU STORY NEWS Bombshell News On Bill Cosby!!!! What The Media Was Hiding November 20, 2015 Bill Cosby is one of the latest victims of a no holds barred media lynching. There was no trial and no evidence supporting anything, but the media and the court of public opinion indulged in a fabricated witch hunt in which no rules or legal protocol was necessary. Here’s what no one understands that the corporate media doesn’t want you to know: There was not just a growing list of Cosby accusers, there is, in fact, a growing list of Cosby accusers who have been publicly caught in lies. All of this information is being collected all over the country by independent sites, bloggers and organizations. Some of these people and groups are even calling the big news conglomerates with proof but the big networks refuse to touch it. I previously wrote about Chloe Goins, Louisa Moritz, P.F. Matsen, Chalen Lasha, and others who have been caught or exposed, but oh there is so much more. Here are 3 videos all about what the media has been hiding from the public. No words necessary. Watch all 3 parts right here! http://www.drustorynews.com/bombshell-news-on-bill-cosby-what-the-media-was-hiding/ https://www.youtube.com/watch?v=cphJJMJyIJA&list=PLXFE24NdUfMBZCAHDZtkj eB8VfCYAb-bo&index=3 BOMBSHELL Cosby News! - What The Media Didn't Want You To See Part 1 Dru Story News Published on Oct 20, 2015 What very few people behind the scenes knew would eventually happen is starting to unfold. The walls are crumbling down on all of the Cosby accusers stories as their lies and checkered pasts showing who they really are are being exposed one by one. https://www.youtube.com/watch?v=qiuNbcZHBc&list=PLXFE24NdUfMBZCAHDZtkjeB8VfCYAb-bo&index=2 BOMBSHELL Cosby News! - What The Media Didn't Want You To See Part 2 Dru Story News Published on Oct 21, 2015 By and large the media was responsible for enabling a grand deception that misled the public into believing that Bill Cosby was the nation's most active serial rapist as many of these women were undoubtedly caught in lies. #BillCosby https://www.youtube.com/watch?v=yToaTCqbslc&list=PLXFE24NdUfMBZCAHDZtkj eB8VfCYAb-bo BOMBSHELL Cosby News! (Finale) - What The Media Didn't Want You To See Part 3 Dru Story News Published on Nov 7, 2015 ….. https://www.youtube.com/watch?v=DrtbFvEx88w EXPOSED!!!! Update: Another Cosby Accuser Caught In Lies Dru Story News Published on Jun 30, 2016 ….. https://www.youtube.com/watch?v=DrtbFvEx88w&feature=gp-ny&google_comment_id=z12kgvzhhme5gv5ka22wdpt4ts34y3wh204 GLOBAL SHARING COMMUNITY ….. in cases like these, the alleged victim’s background is rarely investigated or reported on. In the case of Bill Cosby, many people have claimed the “proof” of all the accusations against him is the number of people who have recently made claims. To believe this narrative, one would have to ignore the fact that the media has essentially sent out a coded green light to the public that says that they will give validity to any random person who chooses to make an allegation or claim against Cosby for sexual assault. Hundreds of people each year claim they were abducted by aliens, but media outlets choose not to put these people in the spotlight without any concrete evidence. So when we see people in the media making certain accusations without any concrete proof, this is because the media outlets choose to give them airtime. And usually this choice is based on painting a certain narrative in order to achieve a certain agenda. With the Cosby situation, many people suspect that certain unknown entities are using the media to deliberately tarnish Bill Cosby’s legacy and to create a maldistribution of the wealth amassed from Cosby $400 Million dollar fortune. In order to create a certain narrative with a number of women making accusations against Cosby, the media has largely ignored the questionable, and in some cases, criminal backgrounds of some of the women who have made claims. Now if any of the accusations against Cosby are true, then justice should definitely be served. But if there are people with shady backgrounds making false accusations against Cosby in order to file civil cases to scam money from Cosby, then the background of these people should be known as well. Several of the Cosby accusers have histories of lying, theft, deception, illegal activities and fraud. So it is correct for people to question the validity of every accuser based on these facts. Linda Joy Traitz ….. Tamara Green ….. Chelan Lasha ….. Chloe Goins ….. Janice Dickinson ….. Louisa Moritz ….. P.J. Masten ….. Shawn Brown ….. Joan Tarshis ….. Barbara Bowman ….. Therese Serignese ….. Beth Ferrier ….. So when you look at the actual facts of the Cosby accusations and you research the validity of the accusers, you can make a fair judgement and come to your own conclusions, instead of having media outlets with a specific propaganda agenda tell you what to think about these accusations. ….. http://freeyourmindandthink.info/dr-bill-cosby-is-the-first-black-man-to-be-raped-by-50women-the-media-500-years-of-lynching-without-evidence/ ETC. CONCLUSION CONSENT “Consent is positive cooperation involving an act of free will, absent of coercion, intimidation, force, or the threat of force.” University of California Irvine “The laws about consent vary by state and situation. It can make the topic confusing, but you don’t have to be a legal expert to understand how consent plays out in real life. ….. Consent is an agreement between participants to engage in sexual activity. ….. There are many ways to give consent ….. Consent doesn’t have to be verbal …...” Rape, Abuse & Incest National Network: The nation’s largest anti-sexual assault organization ….. A person may also give consent non-verbally by actively engaging in the sexual act. Clearly, this implied consent is more difficult to gauge, and if your partner seems to become more hesitant or uncomfortable, you should stop. ….. Consenting to one behavior does not obligate you to consent to any other behaviors. Consenting on one occasion also does not obligate you to consent on any other occasion. ….. Palo Alto Medical Foundation (PAMF) ..… There are many verbal and nonverbal ways to communicate no. It is important for both partners to know how to read and understand the signs when someone is uncomfortable, scared, and expressing their desire to stop either verbally or nonverbally. Remember: Just because a person didn't say 'no' and/or didn't fight back, does not mean that the incident was consensual. Fear may prevent a victim from saying no and/or from fighting back. Being unconscious means you can't say no or fight back. Being conscious but incapacitated by alcohol or drugs may also mean that saying no and fighting back is not a possibility. ….. There are many ways of communicating. The look on someone’s face and their body language is also a way of communicating and often has more meaning than the words that come out of their mouth. Here are some ways body language can let you know if the person you’re with is not comfortable with what is happening: Not responding to your touch Pushing you away Holding their arms tightly around their bodies Turning away from you or hiding their face Stiffening muscles Freezing or shaking Crying Asking questions and being aware of body language helps you to figure out if the person you’re with is consenting and feeling comfortable, or not consenting and feeling uncomfortable. If you get a negative or non-committal answer to any of these questions, or if your partner’s body language is like any of the above examples, then you should stop what you are doing and talk to them about it. ….. Samuel Merritt University ….. You always have the right to say “no” and you always have the right to change your mid at any time regardless of your past experiences with other people or the person you are with. Below are some things you can say or do if you want so stop: Say “No” Say “I want to stop” Say “I need to go to the bathroom/toilet” In a situation where the other person isn’t listening to you and you feel unsafe, you could pretend you are going to vomit. (It’s amazing how quickly someone moves away from you if they think you are going to be sick). ….. Sexual Assault and Violence Prevention (SAVP) of Vassar College ….. Most incidents of sexual misconduct, particularly sexual assault, regard some lack of understanding or respect for what consent means. ….. Don’t assume your partner knows you so well that s/he just knows what you want or don’t want. In other words, don’t assume that your partner will “get the message” without your having to say what you are feeling. The best way for your partner to know how you feel, how far you want to go, or for them to stop is for you to tell that person. If you want to stop, say “No.” Remember, you always have the right to say no and you can say it any way you want to – but the most effective way to say it is like you mean it so that you don’t give mixed messages. Say “NO!” then back up your words with your body language and if you are uncertain about what you want, ask your partner to stop until you are certain. Here are some ways to do that: Be direct: This is not going to happen. Please respect my decision. I don’t want to have sex right now I am not comfortable with you touching me – stop Be proactive: I am not sure where this is going – but I want us to talk about our expectations I appreciate you inviting me over, or offering to walk me home. I just want to be clear that this does not mean I am going to have sex with you If you like him/her: I like you a lot, but I am not ready for a sexual relationship I want to get to know you better before I consider sex. How about we go to a movie? Be clear about your limits: You may agree to have some forms of sexual activity but not others. If the person tries to go further than you agreed to, firmly say “STOP”. Do not apologize Remember it’s okay to change your mind: I am no longer comfortable doing this. Please stop Respond assertively to guilt tactics or pressure: I have already told you that I am not interested in having sex. You are not listening to me / respecting me Stop trying to convince me, I am not going to change my mind Whether I like / love you is not the issue When he/she won’t stop after you have said “No”: STOP! (raise your voice – shout if you need to). I am leaving / I want you to leave! ….. Coogs Get Consent (University of Houston (“UH”)) BLACK OUTS Blackout temporary loss of vision and momentary unconsciousness due to diminished circulation to the brain and retina. Blackout refers specifically to a condition which sometimes occurs in aviators resulting from increased acceleration, which causes a decrease in blood supply to the brain cells. The term can also refer to other forms of temporary loss of consciousness and to FAINTING, as well as to temporary loss of memory and to certain forms of vertigo. alcoholic blackout anterograde amnesia experienced by alcoholics during episodes of drinking, even when not fully intoxicated; it is indicative of early but still reversible brain damage. Miller-Keane Encyclopedia and Dictionary of Medicine, Nursing, and Allied Health, Seventh Edition Alcoholic Blackout a form of amnesia in which a person has no memory of what occurred during a period of alcohol abuse and intoxication. Mosby's Medical Dictionary, 9th edition Alcoholic Blackout An episode of forgetting all or part of what occurred during or following a period of alcohol intake. Medical Dictionary Laws on sexual consent still evolving By Danny Cevallos, CNN Legal Analyst Updated Wed July 8, 2015 …. Indeed, as the Court of Appeals of Ohio once observed: “(T)here can be a fine, fuzzy, and subjective line between intoxication and impairment. Every alcohol consumption does not lead to a substantial impairment. Additionally, the waters become even murkier when reviewing whether a defendant knew, or should have known, that someone was impaired rather than merely intoxicated. Of course, there are times when it would be apparent to all onlookers that an individual is substantially impaired, such as intoxication to the point of unconsciousness. On the other hand, a person who is experiencing an alcohol induced blackout may walk, talk, and fully perform ordinary functions without others being able to tell that he is ‘blacked out.’” ….. CNN STATE OF OHIO PLAINTIFF-APPELLEE vs. IRAN DOSS DEFENDANT-APPELLANT [Cite as State v. Doss, 2008-Ohio-449.] ….. {¶ 17} The Schmidt court held the following: “Assuming, without deciding, that there was sufficient evidence of substantial impairment ***, the evidence is lacking as a matter of law on the element of defendant’s knowledge of such impairment. *** −9− There is nothing in this record that would enable a trier of fact to reasonably conclude that defendant was aware that [the victim] was substantially impaired to the point that it affected her ability to control his or her conduct.” Id. at ¶¶43, 46. {¶ 18} As Schmidt demonstrates, when reviewing substantial impairment due to voluntary intoxication, there can be a fine, fuzzy, and subjective line between intoxication and impairment. Every alcohol consumption does not lead to a substantial impairment. Additionally, the waters become even murkier when reviewing whether a defendant knew, or should have known, that someone was impaired rather than merely intoxicated. Of course, there are times when it would be apparent to all onlookers that an individual is substantially impaired, such as intoxication to the point of unconsciousness. On the other hand, “a person who is experiencing [an alcohol induced] blackout may walk, talk, and fully perform ordinary functions without others being able to tell that he is ‘blacked out.’” Westin, Peter, Egelhoff Again (1999), 36 Am.Crim.L.Rev. 1203, 1231. In addition, J.P.’s testimony describes a blackout as “where someone who drinks alcohol heavily can function and be, appear to be there, and conscious, but in reality, they would not have any memory of what they did or where they were. ….. Court of Appeals of Ohio Blacking Out: Why It’s More Dangerous Than You Think By Sammie Levin in Physical Health Posted Feb 27 2014 ….. Why exactly do we blackout, and what are the implications? We talked to collegiettes and psychiatrist Linda Smith to find out the real deal behind blacking out. ….. What is a blackout? “A blackout is alcohol-induced amnesia, wherein the person cannot recall some, or all of the events that occurred while she was intoxicated,” Dr. Smith says. “It is not the same as ‘passing out’, which is loss of consciousness due to excessive alcohol consumption. In a blackout, the individual is conscious and awake, and engaging in activities, but later has only partial or no recall for those activities.” ….. The tricky part about blacking out—whether it’s happening to you or a friend—is that you can appear relatively fine (unlike when you’re completely passed out or throwing up), which may fool others into thinking you are aware of what you’re doing and don't need any help. “You can't really tell if someone is having a blackout until the next day when they can't recall what happened,” Dr. Smith says. “Because the short-term memory (of the past several minutes) is still intact, someone in a blackout can still engage in activities and look normal...well, drunk, but awake, and talking, moving about, and making decisions—but not necessarily good ones. People report having engaged in a variety of activities they have no memory of, which could be hazardous in their condition, for example driving, spending money, fighting, vandalism.” Other risky or unwanted activities include going home with a stranger, wandering off somewhere by yourself, having unprotected sex, losing track of your belongings, saying things you don’t mean (or do mean but regret saying), and more. Why do blackouts happen? “Blackouts are associated with consumption of large amounts of alcohol; however, the cause appears to be more related to rapid consumption than to total amount, resulting in a rapid rise in Blood Alcohol Concentration (BAC),” Dr. Smith says. “A large amount of alcohol quickly enters the brain, seriously disrupting the activities of several neurotransmitters in select areas of the brain.” Scientifically speaking, as Dr. Smith goes on to explain, quickly drinking large amounts of alcohol can shut down your brain’s glutamate receptors. Those receptors are “primarily responsible for encoding and storing short-term memories and transitioning them into long-term (greater than 30 minutes old) memories, that are then sent for storage in other parts of the brain.” Therefore, when the receptors shut down, short-term memories fail to become long-term ones. “This [process] is thought to be the neurophysiological mechanism behind alcohol blackouts (and Rohypnol, or “roofies” as well),” Dr. Smith says. Another complicated aspect of blackouts is that there is no exact number of drinks that causes them to occur; everyone’s limits are different and other factors, such as the speed of consumption and type of alcohol, have an impact. “I’ve blacked out after four or five shots before, but then other nights I have had more and remember everything,” Kristen*, a senior at the University of Michigan, says. “My friends and I have come to realize that it totally depends on what we’ve had to eat beforehand and how quickly we are taking shots…most of the times I’ve blacked out are when I was hurriedly pregaming before an event.” According to the Student Health Services at the University of California, San Diego, blackouts tend to start to occur at a BAC of 0.14-0.17, and become increasingly likely as your BAC gets higher. ….. Yet another problematic fact about blacking out is that, as collegietes, we are most susceptible to them. “Adolescents and young adults appear to be more susceptible to blackouts than other adults, likely because their brains are still maturing and more vulnerable,” Dr. Smith says. “Women in this age group are more susceptible to blackouts than men, and more at risk for long term brain damage from them, with subtle impairments in learning and memory, spatial awareness, and decision-making. It takes less alcohol to produce a blackout, not only because women weigh less, but also because they have lower levels of the enzymes that help metabolize alcohol.” What are the risks? So you already know that blacking out puts you at risk of embarrassing yourself (tripping down the steps at a party, butchering karaoke at the bar, or crying for no reason in the corner), but what are the other possible consequences and concerns? ….. Since your BAC is elevated when you are blacked out, you are also more likely to get alcohol poisoning. “Individuals having blackouts are 70% more likely to end the night in the emergency room than someone who's had the same amount to drink, but is not having a blackout,” Dr. Smith says. In addition to all of those risks, there are also long-term health concerns related to blacking out. “Blackouts are associated with the development of alcohol abuse and/or dependence, though they can also occur among social drinkers,” Dr. Smith says. “It is considered to be a sign of early brain damage from alcohol use.” Not to mention the damage done to your liver from frequent blackouts. How can you prevent a blackout from happening in the first place? “As blackouts are related to rapid consuming of alcohol, it follows that drinking more slowly would be helpful in avoiding them,” Dr. Smith says. “Your body can process about 1 drink per hour without a rapid rise in BAC.” ….. HER CAMPUS What effects do these drugs have on the body? These drugs are very powerful. They can affect you very quickly and without your knowing. The length of time that the effects last varies. It depends on how much of the drug is taken and if the drug is mixed with other drugs or alcohol. Alcohol makes the drugs even stronger and can cause serious health problems — even death. ….. Is alcohol a date rape drug? What about other drugs? Any drug that can affect judgment and behavior can put a person at risk for unwanted or risky sexual activity. Alcohol is one such drug. In fact, alcohol is the drug most commonly used to help commit sexual assault. When a person drinks too much alcohol: It’s harder to think clearly. It’s harder to set limits and make good choices. It’s harder to tell when a situation could be dangerous. It’s harder to say "no" to sexual advances. It’s harder to fight back if a sexual assault occurs. It’s possible to blackout and to have memory loss. The club drug “ecstasy” (MDMA) has been used to commit sexual assault. It can be slipped into someone’s drink without the person’s knowledge. Also, a person who willingly takes ecstasy is at greater risk of sexual assault. Ecstasy can make a person feel “lovey-dovey” towards others. It also can lower a person’s ability to give reasoned consent. Once under the drug’s influence, a person is less able to sense danger or to resist a sexual assault. Even if a victim of sexual assault drank alcohol or willingly took drugs, the victim is not at fault for being assaulted. You cannot “ask for it” or cause it to happen. ….. What should I do if I think I've been drugged and raped? Get medical care right away. Call 911 or have a trusted friend take you to a hospital emergency room. Don’t urinate, douche, bathe, brush your teeth, wash your hands, change clothes, or eat or drink before you go. These things may give evidence of the rape. The hospital will use a “rape kit” to collect evidence. Call the police from the hospital. Tell the police exactly what you remember. Be honest about all your activities. Remember, nothing you did — including drinking alcohol or doing drugs — can justify rape. Ask the hospital to take a urine (pee) sample that can be used to test for date rape drugs. The drugs leave your system quickly. Rohypnol stays in the body for several hours, and can be detected in the urine up to 72 hours after taking it. GHB leaves the body in 12 hours. Don't urinate before going to the hospital. Don’t pick up or clean up where you think the assault might have occurred. There could be evidence left behind — such as on a drinking glass or bed sheets. Get counseling and treatment. Feelings of shame, guilt, fear, and shock are normal. A counselor can help you work through these emotions and begin the healing process. Calling a crisis center or a hotline is a good place to start. One national hotline is the National Sexual Assault Hotline at 800-656-HOPE. Office on Women’s Health U.S. Department of Health and Human Services ETC. 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