Bill Cosby has been released from prison just hours after Pennsylvania’s highest court overturned his sex assault conviction Wednesday.
The court found an agreement with a previous prosecutor prevented Cosby from being charged in the case, allowing for his release from prison.
Cosby, 83, flashed the V-for-victory sign to a helicopter overhead as he trudged into his suburban Philadelphia home after serving nearly three years of a three- to 10-year sentence for drugging and violating Temple University sports administrator Andrea Constand in 2004.
The former “Cosby Show” star — the first celebrity tried and convicted in the #MeToo era — had no comment as he arrived, and just smiled and nodded later at a news conference outside, where his lawyer Jennifer Bonjean said: “We are thrilled to have Mr. Cosby home.”
“He served three years of an unjust sentence and he did it with dignity and principle,” she added.
In a statement posted to Twitter, Cosby said, "I have never changed my stance nor my story. I have always maintained my innocence."
"Thank you to all my fans, supporters and friends who stood by me through this ordeal," Cosby added. "Special thanks to the Pennsylvania Supreme Court for upholding the rule of law."
Cosby has served more than two years of a three- to 10-year sentence at a state prison near Philadelphia. He had vowed to serve all 10 years rather than acknowledge any remorse over the 2004 encounter with Constand.
In a statement, Constand and her lawyers called the ruling disappointing, and they, like many other advocates, expressed fear that it could discourage sexual assault victims from coming forward. “We urge all victims to have their voices heard,” they added.
The 83-year-old Cosby, who was once beloved as “America’s Dad,” was convicted of drugging and molesting the Temple University employee at his suburban estate.
He was charged in late 2015, when a prosecutor armed with newly unsealed evidence — Cosby’s damaging deposition from her lawsuit — arrested him days before the 12-year statute of limitations expired.
The trial judge had allowed just one other accuser to testify at Cosby’s first trial, when the jury deadlocked. However, he then allowed five other accusers to testify at the retrial about their experiences with Cosby in the 1980s.
The Pennsylvania Supreme Court said that testimony tainted the trial, even though a lower appeals court had found it appropriate to show a signature pattern of drugging and molesting women.
Cosby was the first celebrity tried and convicted in the #MeToo era, so the reversal could make prosecutors wary of calling other accusers in similar cases. The law on prior bad act testimony varies by state, though, and the ruling only holds sway in Pennsylvania.
Prosecutors did not immediately say if they would appeal or seek to try Cosby for a third time.
The justices voiced concern not just about sex assault cases, but what they saw as the judiciary’s increasing tendency to allow testimony that crosses the line into character attacks. The law allows the testimony only in limited cases, including to show a crime pattern so specific it serves to identify the perpetrator.
In New York, the judge presiding over last year’s trial of movie mogul Harvey Weinstein, whose case had sparked the explosion of the #MeToo movement in 2017, let four other accusers testify. Weinstein was convicted and sentenced to 23 years in prison. He is now facing separate charges in California.
In Cosby’s case, one of his appellate lawyers said prosecutors put on vague evidence about the uncharged conduct, including Cosby’s own recollections in his deposition about giving women alcohol or quaaludes before sexual encounters.
“The presumption of innocence just didn’t exist for him,” Jennifer Bonjean, the lawyer, argued to the court in December.
In May, Cosby was denied paroled after refusing to participate in sex offender programs during his nearly three years in state prison. He has long said he would resist the treatment programs and refuse to acknowledge wrongdoing even if it means serving the full 10-year sentence.
This is the first year he was eligible for parole under the three- to 10-year sentence handed down after his 2018 conviction.
Cosby spokesperson Andrew Wyatt called the parole board decision “appalling.”
Prosecutors said Cosby repeatedly used his fame and “family man” persona to manipulate young women, holding himself out as a mentor before betraying them.
In a statement obtained by Variety, attorney Gloria Allred, who represented 33 Cosby accusers, called it "devastating."
"My heart especially goes out to those who bravely testified in both of his criminal cases," Allred said in a statement.
"Despite the Pennsylvania Supreme Court’s decision, this was an important fight for justice and even though the court overturned the conviction on technical grounds, it did not vindicate Bill Cosby’s conduct and should not be interpreted as a statement or a finding that he did not engage in the acts of which he has been accused," she added.
Cosby's longtime "The Cosby Show" co-star Phylicia Rashad took to Twitter to celebrate the news.
"FINALLY!!!! A terrible wrong is being righted- a miscarriage of justice is corrected!" the actress and recently appointed dean of Howard University's reestablished College of Fine Arts wrote.
At a White House press briefing on Wednesday, press secretary Jen Psaki told reporters that she did "not have a direct response" to the news of Cosby's charges being overturned.
"I just want to be careful about not speaking to a specific decision by by a court, but I can say, broadly speaking, as I tried to do earlier, that obviously the President is somebody who has fought for, advocated for elevating the voices and stories of women who are survivors of sexual assault, sexual abuse, and certainly knows that's a difficult journey for many of them," Psaki said.
"And he believes that these women are courageous, they're, they're brave, and he wants it to be an environment wants us to live in a country where they were women will feel comfortable," the press secretary added.
"I'll just use the opportunity to reiterate that the President has long been an advocate for fighting against violence against women, for ensuring that we are raising the voices and the stories of people who have been survivors of sexual assault, that's something he has done throughout his career and will continue to do," Psaki said.
Four Supreme Court justices formed the majority that ruled in Cosby’s favor, while three others dissented in whole or in part.
Peter Goldberger, a suburban Philadelphia lawyer with an expertise in criminal appeals, said prosecutors could ask the Pennsylvania Supreme Court for reargument or reconsideration, but it would be a very long shot.
“I can’t imagine that with such a lengthy opinion, with a thoughtful concurring opinion and a thoughtful dissenting opinion, that you could honestly say they made a simple mistake that would change their minds if they point it out to them,” Goldberger said.
Even though Cosby was charged only with the assault on Constand, the judge at his trial allowed five other accusers to testify that they, too, were similarly victimized by Cosby in the 1980s. Prosecutors called them as witnesses to establish what they said was a pattern of behavior on Cosby’s part.
Cosby’s lawyers had argued on appeal that the use of the five additional accusers was improper. But the Pennsylvania high court did not weigh in on the question, saying it was moot, given the finding that Cosby should not have been prosecuted in the first place.
In sentencing Cosby, the trial judge had declared him a sexually violent predator who could not be safely allowed out in public and needed to report to authorities for the rest of his life.
In May, Cosby was denied parole after refusing to participate in sex offender programs behind bars. He said he would resist the treatment programs and refuse to acknowledge wrongdoing even if it meant serving the full 10 years.
The groundbreaking Black actor grew up in public housing in Philadelphia and made a fortune estimated at $400 million during his 50 years in the entertainment industry that included the TV shows “I Spy,” “The Cosby Show” and “Fat Albert,” along with comedy albums and a multitude of television commercials.
The suburban Philadelphia prosecutor who originally looked into Constand’s allegations, Montgomery County District Attorney Bruce Castor, considered the case flawed because Constand waited a year to come forward and stayed in contact with Cosby afterward. Castor declined to prosecute and instead encouraged Constand to sue for damages.
Questioned under oath as part of that lawsuit, Cosby said he used to offer quaaludes to women he wanted to have sex with. He eventually settled with Constand for $3.4 million.
Portions of the deposition later became public at the request of The Associated Press and spelled Cosby’s downfall, opening the floodgates on accusations from other women and destroying the comic’s good-guy reputation and career. More than 60 women came forward to say Cosby violated them.
Cosby, in the deposition, acknowledged giving quaaludes to a 19-year-old woman before having sex with her at a Las Vegas hotel in 1976. Cosby called the encounter consensual.
On Wednesday, the woman, Therese Serignese, now 64, said the court ruling “takes my breath away.”
“I just think it’s a miscarriage of justice. This is about procedure. It’s not about the truth of the women,” she said. Serignese said she took solace in the fact Cosby served nearly three years behind bars: “That’s as good as it gets in America” for sex crime victims.
The Associated Press contributed to this report.