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Cosby's trial ended without a verdict after jurors failed to reach a unanimous decision. Cliff Huxtable, avoided a conviction on Father's Day weekend as a jury declared itself hopelessly deadlocked on charges he drugged and molested a woman more than a decade ago.
Prosecutors found themselves back to square one Saturday after the judge declared a mistrial following more than 52 hours of deliberations over six days. Excoriated by the defense for charging Cosby in the first place, District Attorney Kevin Steele vowed to put him on trial a second time, saying accuser Andrea Constand supported the decision.
By sowing doubt among one or more jurors, Cosby's lawyers managed to overcome two years of unrelenting bad publicity for their client after the public release of his damaging testimony about drugs and sex, as well as a barrage of accusations from 60 women who came forward to accuse him of sexual assault. Constand's encounter with Cosby at his suburban Philadelphia estate was the only one to result in criminal charges.
She told jurors that Cosby gave her pills that made her woozy and then penetrated her with his fingers as she lay paralyzed on a couch, unable to tell him to stop. Troiani acknowledged the difficulty of the case, given the passage of time and the impact of the alleged drugging on Constand's ability to recall details.
The jury failed to reach a unanimous decision on any of the three counts against the comedian, ending the trial without a verdict. The entertainer's wife of 53 years, Camille, slammed prosecutors for bringing the case to court, calling Steele "heinously and exploitively ambitious" in a statement released after the trial. She also criticized the judge, the accuser's lawyers and the media. Overtly arrogant, collaborating with the district attorney," said her statement, which was tweeted by her husband and read by an associate of the public relations firm representing Cosby.
Cosby himself didn't comment, remaining stoic as the judge declared a mistrial, but Wyatt declared the star's "power is back. It has been restored. Cosby's career and good-guy image were already in tatters by the time his chief accuser took the witness stand, and the prosecution's decision to pursue a second trial keeps him in legal limbo. Cosby had broken barriers as the first black actor to star in a network show, "I Spy," in the s and, two decades later, created the top-ranked "Cosby Show.
But it was Cosby's reputation as a public moralist who urged young people to pull up their saggy pants and start acting responsibly that prompted a federal judge to unseal portions of an explosive deposition he gave more than a decade ago as part of Constand's civil lawsuit against him. Under questioning from her lawyer, Cosby acknowledged that he had obtained several prescriptions for quaaludes in the s for the purpose of offering the powerful sedative to women he wanted to have sex with.
Cosby also said he gave Constand three half-tablets of the cold and allergy medicine Benadryl to help her relax before what he insisted was a consensual sexual encounter at his home. Prosecutors suggested he drugged her with something stronger. The jurors clearly struggled with their verdict, telling the judge on Thursday they were at impasse.
Judge Steven O'Neill instructed them to keep working toward a unanimous decision. On Saturday, they came back and told O'Neill they were hopelessly deadlocked.
The judge sought to comfort the jurors, at least one of whom fought back tears, calling their epic deliberation "one of the more courageous acts, one of the more selfless acts that I've seen in the justice system. I feel bad for all of you, I really do. He reminded prosecutors and the defense that "a mistrial is neither vindication nor victory for anybody.
It wasn't immediately known how many jurors wanted to convict and how many wanted to acquit. None of the jurors commented after the trial ended and headed home to the Pittsburgh area, some miles kilometers from the courthouse outside Philadelphia. Former federal prosecutor David Weinstein said Cosby's celebrity almost certainly played a role in the jury's deliberations, perhaps to convince "two or three jurors that it's impossible to convict Dr.
Huxtable, to convict Fat Albert Constand, now 44, initially went to police about a year after she said Cosby assaulted her, but a prosecutor declared her case too weak to bring charges. A decade later, another district attorney reopened the investigation after his lurid deposition became public, and dozens of women came forward against one of the most beloved stars in all of show business. Cosby was charged shortly before the statute of limitation was set to expire.
Bruce Castor, the ex-prosecutor who passed on Constand's case in , said Saturday that he was disappointed but not surprised in Steele's failure to win a conviction. Constand was probably the victim of a sexual assault," said Castor, whom Constand is suing for defamation. American tourist dies, supposed from a fall, at St Ann hotel. JDF soldier gets bail on illegal gun charge.
M16 rifle among guns seized by Westmoreland cops. Shelters are not 5-star hotels, McKenzie tells St Ann residents. NCU embarks on a financial recovery plan. Bodies of taxi operator and female found off Dyke Road in Portmore. The Russians are here! First flight arrives with tourists from Moscow. Wolmer's eliminated from Manning Cup; semis spots still up for grab.
Cosby's team immediately went on the attack. Judge declares mistrial in Bill Cosby case. Cosby side declares victory, goes on attack. Cosby accuser thanks prosecutors after mistrial. You can tell friends about this post! View the discussion thread.
The Constitution provides for the right to a fair trial, and an independent judiciary vigorously enforced this right. All criminal defendants had the right to an attorney. In practice the courts sometimes appointed attorneys for those persons charged with indictable offenses serious crimes if they could not retain one on their own behalf.
The law requires that a person accused of murder have an attorney. An indigent person may refuse to accept an assigned attorney for cause and may obtain a replacement. Despite serious efforts to improve the administration of justice, problems remained in some areas. Trial delays, while not as extensive as in past years, remained a problem: The High Court showed improvement in reducing trial backlogs, but they remained significant at the magistrate court level.
To help improve efficiency, the courts introduced computer-aided transcription to more speedily and efficiently create a record. The death penalty was mandatory in all murder convictions for persons 18 years of age or older; convicted minors were jailed pending a presidential pardon. In July Caribbean Justice, a nongovernmental organization NGO , issued a statement that the law did not allow for consideration of mitigating factors in murder cases that might warrant a lesser sentence.
In Parliament passed the Integrity in Public Life Act, which established an Integrity Commission with jurisdiction and control over the financial activities and ethical conduct of persons in public life and persons exercising public functions.
The act was used as the basis for investigations of the activities of several public officials, including former Prime Minister Panday, in the months prior to the October 7 elections. At year's end, Panday had been arraigned in Magistrate's Court, and a trial date set for early The Panday case was the first filed under the new act.
There were no reports of political prisoners. Arbitrary Interference with Privacy, Family, Home, or Correspondence The law prohibits such practices, and the Government generally respected these prohibitions in practice; however, citizens periodically complained of abuse of power by the state. In August Margaret Rowley of the town of Moruga claimed that local police forcibly entered her home to execute a search warrant and broke doors, a window, and furniture in the home.
On July 31, a court struck down as unconstitutional a section of the Proceeds of Crime Act of , which gave police the power to inspect bank records of any individual upon the authority of a judge. Section 2 Respect for Civil Liberties, Including: Freedom of Speech and Press The Constitution provides for freedom of speech and of the press, and the Government generally respected these rights in practice.
An independent press and a functioning democratic political system combined to ensure freedom of speech and of the press. The four major daily newspapers freely and often criticized the Government in editorials. Widely read weekly tabloids tended to be extremely critical of the Government.
All newspapers were privately owned. The two local television newscasts, one of which appears on a state-owned station, were sometimes critical of the Government but generally did not editorialize.
Over the past several years, the Media Association of Trinidad and Tobago and the Publishers' Association expressed concern about the media's treatment by, and access to, the Government.
For its part, the Government sometimes charged unfair treatment by the media, which the press viewed as unwarranted criticism. A Board of Film Censors was authorized to ban films that it considered to be against public order and decency or contrary to the public interest.
This included films that it believed may be controversial in matters of religion or race, or that contain seditious propaganda. In practice films rarely were banned. The Government did not restrict access to the Internet.
The Government did not restrict academic freedom. Freedom of Peaceful Assembly and Association The Constitution provides for freedom of assembly, and the Government generally respected this right in practice. The police routinely granted the required advance permits for street marches, demonstrations, or other outdoor public meetings. Amendments to the Summary Offences Act require that permits for public meetings and rallies be applied for 48 hours in advance instead of 24 hours, and make it an offense to hold a public meeting without a permit under the guise of conducting an exempted religious, educational, recreational, or sports function.
The Constitution provides for freedom of association, and the Government generally respected this right in practice. Registration or other governmental permission to form private associations was not required. Freedom of Religion The Constitution provides for freedom of religion, and the Government generally respected this right in practice.
The Government limited the number of foreign missionaries allowed to enter the country to 30 per denomination. Missionaries had to meet standard requirements for an entry visa, must represent a registered religious group, and could not remain in the country for more than 3 years. The Government was known to monitor closely only one religiously affiliated group, a radical Muslim organization called the Jamaat al Muslimeen, some members of which attempted a coup in The Government's surveillance focused on the group's repeated attempts to seize control of state-owned property adjoining its central mosque and on any actions intended to incite civil unrest.
Citizens occasionally complained about the efforts of some groups to proselytize in neighborhoods where another religion was dominant. The most frequent public complaints came from Hindu religious leaders against evangelical and Pentecostal Christians.
Such complaints mirrored the racial tensions that at times arose between the Afro-Trinidadian and Indo-Trinidadian communities. For more detailed information see the International Religious Freedom Report. The Constitution provides for these rights, and the Government generally respected them in practice. In the Government acceded to the U. Convention Relating to the Status of Refugees and its Protocol.
Because of legislative delays caused by the parliamentary deadlock during the year, the Government had not yet passed legislation to implement obligations accepted under the Convention, although the authorities generally cooperated with the office of the U.
Until Parliament approves the legislation, the Ministry of National Security's Immigration Division handled any requests for asylum on a case-by-case basis; reportedly fewer than 10 had been received in the past 40 years. In practice, the authorities placed asylum seekers in the care of a local NGO pending resolution of their cases, which were reviewed by the office of the UNHCR. During the year, there were two cases of first asylum.
The authorities detained Sierra Leonean Alie Marah in prison for 15 months as an illegal immigrant. The Government denied asylum to the second claimant, a Cuban national. There were no reports of the forced return of persons to a country where they feared persecution. Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government The Constitution provides citizens with the right to change their government peacefully, and citizens exercised this right in practice through periodic elections, held on the basis of universal suffrage.
The Constitution extends the right to vote to citizens as well as to legal residents at least 18 years of age who are citizens of other Commonwealth countries. The most recent general election was held on October 7, and observers found it to be generally free and fair.
General elections held on December 10, , resulted in an evenly divided Parliament, with both major parties winning 18 seats in the member House of Representatives.
Both parties agreed to allow President A. Robinson to break the deadlock by appointing the Prime Minister. When the President appointed PNM leader Patrick Manning, the UNC called the decision unconstitutional and refused to participate in an agreement on the appointment of a Parliamentary Speaker, among other things.
With the Parliament unable to form a majority, Manning called new elections for October 7. In spite of inflammatory campaigning by both parties, those elections proceeded peacefully and resulted in an uncontested 20 to 16 majority for the PNM.
Following the elections, the authorities charged the campaign manager for one newly elected PNM parliamentarian with interfering with a ballot box.
There were other, unsubstantiated, complaints of interference at some polling stations. There were no specific laws that restrict the participation of women or minorities in government or the political parties. Women comprised slightly more than half of all registered voters in the country, and the voters elected 7 women to the seat House of Representatives on October 7, up from 6 women in the previous Parliament. There were 9 women in the member Senate and 8 women in the member Cabinet.
Both major political parties reached out to ethnic minority voters, and ethnic minorities occupied significant positions in government. Chinese were the third largest distinct ethnic group, representing approximately 1 percent of the population.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights A number of human rights groups operated without government restriction, investigating and publishing their findings on human rights cases.
While government officials generally were cooperative, the Government responded strongly to Amnesty International's criticism of prison conditions and due process.
An independent Ombudsman received complaints relating to governmental administrative issues and investigated complaints of human rights abuse. The Ombudsman could make recommendations but did not have authority to force government offices to take action.
The Government's moves were prompted by a Privy Council ruling that failure to execute a condemned prisoner within 5 years of sentence constituted cruel and unusual punishment in violation of the Constitution.
Committee to ensure that applications before these bodies were completed within 8 months. In the Government withdrew from the American Convention on Human Rights following a required 1-year notice.
However, the Privy Council subsequently ruled that by ratifying a treaty that provides for individual access to an international body, the Government made that process part of the domestic criminal justice system, thereby extending the scope of the due process clause of the Constitution, and that executing a prisoner with such an appeal pending would constitute a violation of due process.
The Government contested the Court's findings, saying that the executions in question had been carried out in accordance with applicable law. Section 5 Discrimination Based on Race, Sex, Disability, Language, or Social Status The Government generally respected in practice the constitutional provisions for fundamental human rights and freedoms for all without discrimination based on race, origin, color, religion, or sex.
Women Physical abuse of women continued to be a significant problem. There was increased media coverage of domestic abuse cases and signs of a shift in public opinion, which previously had held that such cases were a private matter, and the Government improved aid for victims. Murder, rape, and other crimes against women were reported frequently, but it was believed that many sexual crimes were unreported.
The establishment of a community police division improved police responsiveness to reports of domestic abuse, but some police officers were reportedly unsympathetic or reluctant to pursue such cases, resulting in underreporting of crimes of violence against women. The Police Service reported complaints of spousal abuse through October, but the actual incidence of such abuse was considered to be much higher. Two government ministries, operating independently, directed the NGOs that ran most of the country's social programs addressing domestic violence, including five shelters for battered women.
Rape, spousal abuse, and spousal rape were criminal offenses. A rape crisis center offered counseling for rape victims and perpetrators on a voluntary basis. Since the Government operated a hour domestic violence hot line, which received calls and referred victims to shelters, counseling, or other assistance. The hot line was for victims of rape, domestic violence, or other violence against women and received approximately 1, calls during the year.
Prostitution is illegal, and the authorities brought charges of soliciting for the purpose of prostitution against 19 persons during the year.
Of those, 18 were female and 1 male. The law does not prohibit sexual harassment, and it was a problem. Many women held positions in business, the professions, and government. Nevertheless, men still tended to hold most senior positions. There was no law or regulation requiring equal pay for equal work. Women's participation in education has been virtually equal to that of men, according to a UNESCO report, which showed that women's literacy rates and primary school enrollment in the country during were almost the same as the corresponding rates for males, with women exceeding men in years spent in school and in secondary school enrollment ratios.
The Division of Gender Affairs in the Ministry of Community Development and Gender Affairs was charged with protecting women's rights in all aspects of government and legislation. Several active women's rights groups also existed.
Children The Government's ability to protect children's welfare was challenged by a lack of funds and expanding social needs. Education was free and compulsory through primary school, usually ending at 11 or 12 years of age. Some parts of the public school system seriously failed to meet the needs of the school age population due to overcrowding, substandard physical facilities, and occasional classroom violence by gangs.
The Government committed resources to building new facilities and expanded access to free secondary education. There was no societal pattern of abuse directed at children. The Domestic Violence Act provides protection for children abused at home. If they were removed from the home, abused children usually were placed with relatives. If there was no relative who could take them, there were several government institutions and NGOs that accepted children for placement.
A companion law established a new Children's Authority to license and monitor community residences, foster homes, and nurseries, and to investigate complaints about the care of children in such locations. At year's end, the act had not yet been proclaimed, as the Government was taking steps to appoint a board to manage the new authority.
The law prohibits child prostitution, and the police reported no cases of it during the year. However, there were anecdotal but unconfirmed reports of child prostitution in the recent past see Section 6. Persons with Disabilities There is no legislation that specifically enumerates or protects the rights of persons with disabilities or mandates the provision of access to buildings or services.
The lack of access to transportation, buildings, and sidewalks was a major obstacle for persons with disabilities. The Government provided some public assistance and partial funding to a variety of NGOs, which in turn provide direct services to members or clients with disabilities. Indigenous People Members of a very small group in the population identify themselves as descendants of the original Amerindian population of the country.
They maintain social ties with each other and other aboriginal groups and were not subject to discrimination. However, at times racial tensions appeared between Afro-Trinidadians and Indo-Trinidadians, which each make up about 40 percent of the population. Justice Haynes pointed out that if a person is charged for an indictable offence, only a jury can find him guilty, and only according to the procedure laid down.
This procedure, he said, covers the proceedings at the PI and the proceedings before the jury. Those proceedings, it was found, are conducted by an independent magistrate to whom both sides may submit evidence and make submissions and the restriction to written evidence applies to both prosecution and defence.
It was noted that the accused is entitled at trial to cross-examine the prosecution witnesses and give oral evidence. The new Sexual Offences Act was primarily crafted with a view to making the legal system more responsive to victims of sexual violence, including, in particular, children, because of the traumatic nature of the crimes. Prior to the new Act, victims were forced to endure preliminary inquiries that were criticised for subjecting them to reliving their trauma. In his ruling, Justice Chang said that in so far as the Sexual Offences Act purports to disallow cross-examination of the makers of prosecution witness statements, it is inconsistent with Articles 2 d and e.
She had pointed out that Justice Chang was reverting to a system that did not work well, was geared towards the defence and not understanding the trauma that rape victims endure. Radzik had said even if Justice Chang cited the constitution, which gives the accused the right to cross-examine their accuser and witnesses, the paper committal is only a procedural mechanism for the case to be transferred to a court where a full trial would be held by a judge and jury.
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The Latest on the release of jurors' names in the Bill Cosby sexual assault Saturday in Cosby's sex assault trial after the jury deadlocked. Have you ever been on a jury? Deciding someone's fate in a criminal jury trial has to be one of the toughest decisions there is, especially in sex. Caroni, Trinidad, Friday 29th April, –Price $ NO. Tobago, the Reviser of the List of Jurors / for the Registration Area of the.