Locals react to Cosby conviction overturn

Jul. 1—CUMBERLAND — While infuriating and a slap in the face to victims of sexual violence, assault and harassment, a legal technicality does not vindicate Bill Cosby, Crissy Martz said.

Her comments followed news that Cosby's sexual assault conviction was thrown out by Pennsylvania's highest court Wednesday in a ruling "that swiftly freed the actor from prison more than three years after he was found guilty of drugging and molesting Temple University employee Andrea Constand at his suburban Philadelphia mansion," The Associated Press reported.

"The promise not to prosecute Cosby was made in 2005 by Bruce Castor, who was then the top prosecutor for Montgomery County," according to AP. "But the Pennsylvania Supreme Court said Wednesday that District Attorney Kevin Steele, who made the decision to arrest Cosby, was obligated to stand by his predecessor's promise not to charge Cosby, though there was no evidence that agreement was ever put in writing."

Martz said that while the judicial system is built to protect the rights of citizens, including victims of violent crimes as well as prosecutorial misconduct, victims of sexual assault and harassment must not let the Pennsylvania court ruling discourage them.

In terms of perseverance, she talks from personal experience.

For nearly three years, Martz fought to expose a system that allowed sexual harassment, abuse and discrimination to thrive.

According to Maryland State Police reports, after she was told she had a job within the Allegany County emergency medical services department, her request for a formal offer was met with sexual demands.

After Martz complained about the demeaning treatment, her job offer was revoked.

Ultimately, she filed with the Equal Employment Opportunity Commission an administrative claim of sexual harassment and gender discrimination.

The matter was resolved last year before a lawsuit was filed.

Wednesday's ruling "does not negate the fact that (Cosby) admitted to offering sedatives to women with whom he wanted to fornicate," Martz said.

"The overturning of his conviction doesn't silence the dozens of women who came forward accusing the famed actor of sexual assault," she said.

Those women "are heroes to many, and those who are defending the actions of (Cosby) should be ashamed," Martz said.

"In order to get change, we must fight and continue to tell our stories," she said.

Hunt Valley Attorney Andrew M. Dansicker represented Martz in her EEOC proceeding.

On Wednesday, he too commented on the Cosby case.

"The Pennsylvania Supreme Court's decision is quite limited, as it really is based on the prosecutor's misconduct, not on Mr. Cosby's innocence," Dansicker said via email.

"The interesting aspect of the decision is the court's criticism of the use of 'me too' evidence to prove sexual assault," he said. "The court suggested that such evidence may be improper and prejudicial to the defendant. I would expect similar arguments to be made in Maryland courts where the prosecutor or plaintiff try to introduce evidence of similar incidents."

Sammy Sugiura Jr. of Pittsburgh-based Cohen & Grace, LLC, represents former Garrett court jury commissioner and law librarian Loriann Ludwig, 52, in a lawsuit against Raymond G. Strubin, 65, circuit court and administrative judge for Garrett County.

The civil case, filed weeks ago in federal district court in Maryland, details several allegations including that Strubin demanded Ludwig have sex with him or she would lose her job.

Sugiura said the Pennsylvania Supreme Court's decision in the Cosby matter was "incredibly disappointing" to read.

"It stole a measure of justice from the 60-plus women who came forward and shared with the world the horror they experienced," he said via email.

"While that court's decision did not comment on the substance of the allegations against Cosby, it did highlight this important issue: the original prosecutor failed to bring criminal charges because he relied on tired and outdated tropes which require sexual assault survivors to behave in specific ways in order to be believed," Sugiura said.

"Sexual assault survivors need our support, both in telling their story and controlling the type of justice they seek, and their credibility should never be put into question just because a man couldn't envision himself acting in a certain way if he were sexually assaulted," he said.

Sarah Parsons is chairperson of the Allegany County Women's Action Coalition.

"The decision today by the Pennsylvania Supreme Court is extremely upsetting," she said via email.

"While the majority of the court did what they ruled necessary in the interest of following the letter of the law, they have now let a repeated and unrepentant predator walk free not because he is innocent, but because of a technicality," Parsons said. "His victims have been robbed of any justice and revictimized by this decision."

Further, the idea that money and fame are more powerful than the justice system has been reinforced, she said.

"The court did what it believed it was bound to do by the law, but the mistake that led to this decision is shocking," Parsons said. "Mistakes like this, and decisions like this are what hold victims in silence. This is a sad decision not just for women, but for all victims of sexual violence."

Joy Kroeger-Mappes is co-founder and past chairperson of the Women's Action Coalition, Greater Allegany County.

"That Cosby is free as a result of a promise from the former district attorney, a promise that there is no evidence of in writing, means he is free on a technicality," she said via email. "It also means the merit of the case, the trauma of the women, for which there is abundant evidence, is dismissed."

The sexual assault and exploitation of power regarding actions of Cosby and former Hollywood mogul Harvey Weinstein — whose case helped spark the #MeToo movement in 2017, was convicted and is serving a 23-year sentence for a rape conviction — were "extremely traumatic" and important to be prosecuted, Kroeger-Mappes said.

"How is it that the two most prominent cases, cases that seem to get the most media attention, prompted by the #MeToo movement were Black and Jewish?" she said. "We need to hold white gentile men who are the majority in positions of power every bit as accountable."

Cumberland resident Yvonne Perret said her "heart goes out" to the women Cosby abused.

"I'm no legal scholar, but as a woman I can't imagine the ordeal of finally being heard only to be told no, never mind," she said via email.

Ann Bristow is a member of the local NAACP branch as well as the county's Women's Action Coalition.

Wednesday's court outcome "seems to exemplify the kind of back room deal-making that tips the balance of justice away from victims obtaining legal redress for the harms (that) Cosby admitted to in the civil case," she said.

Cumberland resident Heidi Gardner said that while the lives of many Black men decimated by false allegations of sexual assault throughout the country's history should be acknowledged and mourned, the women Cosby assaulted should take priority.

"This conviction wasn't overturned because he didn't rape someone, it was overturned because evidence was misused," she said. "That evidence was Cosby's own deposition, a horrific admission of guilt."

Wednesday's ruling may be legal, but does not feel just, Gardner said.

"This terrible error on the part of the attorneys and courts will cause undue suffering," she said. "If these errors are happening to the rich and guilty, imagine what can befall the poor and innocent in our courtrooms."