6/17/17: (Part 2 of 2): Bob Bianchi appeared on Fox News, America’s News Headquarters to discuss the breaking news that the Cosby jury was deadlock- – causing a mistrial.
Bianchi breaks down with the host and show guest what a mistrial means, and its affects on a case for the prosecution going further. The prosecution has decided that it will retry the case. But, the fact is that retrials to not favor the prosecution in any case. It is not that winning a guilty verdict is impossible, but in a case like this, the prosecution’s case is significantly damaged.
Of interest, is the testimony allowed at trial from another accuser of Cosby. This “bad act” evidence is highly controversial. As a practicing NJ criminal trial lawyer and former NJ prosecutor, we know well that the admission of such testimony is highly “disfavored” in the law and often leads to convictions being reversed. But, it is our belief that since the prosecution’s case was so difficult to prove, that they opted to use this testimony to assist in convincing the jury that Cosby is a “bad” person and if he did it to 1 person, he must have done it to this victim, as well.
But, this is the very reason such testimony is not allowed under the evidence rules, making any conviction for using it, highly subject to a reversal later on.
This is part 2 of 2 videos we did. Check out the video and let us know your thoughts.
Bianchi and his partner, Dave Bruno, are former prosecutors, NJ Supreme Court Certified Criminal Trial Attorneys, and are regular commentators on many TV news outlets.