MR. COSBY HAS PROVIDED A SHORT SYNOPSIS OF “NOTABLE CASES” HE HAS WON OR IN WHICH HE RECEIVED ARGUABLY FAVORABLE RESULTS. MR. COSBY WISHES TO EMPHASIZE THAT JUST BECAUSE HE HAS WON OR RECEIVED FAVORABLE RESULTS IN THESE CASES OR OTHERS DOES NOT MEAN THAT YOUR CASE WILL BE WON OR RECEIVE A SIMILAR FAVORABLE RESULT. THIS IS DUE TO THE FACT THAT THE OUTCOME OF A CASE WILL DEPEND ON A VARIETY OF FACTORS.
DRUG SUSPECTS LOOK TO COSBY
As Published in the News & Record Newspaper
Two more men arrested on felony drug charges are looking to an out of town attorney for legal assistance.
One of the three South Boston men arrested last weekend with possession of cocaine with intent to distribute is expected to hire Charles c. Cosby Jr. as his defense council and another city man arrested in august on the same charges has also retained the Richmond attorney to represent him.
Cosby is representing, or has represented, a number of Halifax county citizens charged with drug offenses, including Stanley Calvin Francis, Ronald D. Carter, Danny Slayton, And Stan and Dawn Bradshaw.
Cosby said yesterday Herbert Louis Throckmorton, 45, was making arrangements to retain him as counsel.
“I feel certain,” Cosby said when asked if he would be hired to handle the case.
Throckmorton was arrested Friday night after law enforcement officers raided his Wickman Street, South Boston home and discovered 33 half-grams of a substance thought to be cocaine and approximately $10,750 in cash, according to Halifax county Commonwealth’s Attorney John E, Greenbacker, JR. Throckmorton is being held in Halifax County Jail on a $150,000 cash bond.
Greenbacker said the preliminary hearing for Throckmorton, as well as the other man arrested last weekend on cocaine charges, Edward Fulenwider, IV, 24 years old, and Claiborne hall Jr, 38 is set for December 2 in Halifax County General District Court.
Cosby has also been hired to represent Earl Johnson, 40, of South Boston, who was arrested on August 19 with possession of cocaine with intent to distribute. Johnson was formally represented by Richmond lawyer Gerald Zerkin.
Johnson is being held in Halifax County Jail on a $100,000 property or a $200,000 cash bond. He was taken into custody after law enforcement officials discovered “quite a few” small packages of cocaine and almost $1,000 in cash on his persons.
During a bond reduction hearing in August, State police Special Agent Ray Fowler called Johnson a “substantial drug dealer in South Boston, Centerville, and Sinai areas.”
My client was charged with aggravated malicious wounding and use of a firearm for shooting a victim in the chest at a mall with numerous people present. I was able to through negotiations with the prosecutor obtain a plea agreement wherein the aggravated malicious wounding was amended to malicious wounding and the use of a firearm charge carrying a minimum mandatory three years in prison. The defendant pled guilty to these offenses in 2018 and defense counsel put on many favorable character witnesses at the sentencing and established that the defendant had been struck twice hard in the face without warning by the victim, and the defendant chased the victim a short distance and shot the victim in a “blind rage.” The judge agreed with defense counsel that this should lessen the penalty and the defendant was sentenced to an active prison sentence of three years and six months.
Possession Of A Firearm
A defendant whom I represented at a preliminary hearing in 2018 was charged with possession of a firearm after being a convicted felon, which carries a minimum mandatory penalty of five years imprisonment and misdemeanor possession of a concealed weapon. The Court dismissed the felony and found the defendant not guilty of the misdemeanor, based on defense counsel’s argument that just because the pistol was found under the passenger seat of the vehicle that was stopped did not prove that the defendant knew of its existence. Other people were in the car and someone else counsel argued may have put the gun there without the defendant’s knowledge counsel argued. Defense counsel argued the defendant could not be in Possession of a gun he did not know about.
Serious Felony Sex Offense
A client was charged with a serious felony sex offense wherein if the defendant was convicted he would most likely go to prison and have to register for life as a sex offender. Because of the defendant’s youth and various favorable factors the prosecutor after negotiations with defense counsel agreed to allow the defendant to plead to a misdemeanor sex offense which did not call for sex offender registration. The defendant also pled to a felony drug offense, and received a short active jail sentence in this case and suspended time.
Felony Drug Distribution Offense
The defendant was on probation and had a twelve year suspended sentence for a felony drug distribution offense and other crimes, when he was caught and charged with another felony distribution offense. He had another lawyer when he pled guilty to the new drug offense and was sentenced to five years in prison. A probation violation was brought against the defendant for violating his suspended sentence and Mr. Cosby was hired in 2018 to help the defendant. Mr. Cosby argued that the defendant already had a long enough sentence from his recent new conviction, that he needed drug treatment and it was important for him to come home to his family and work and support his children. The Court after hearing Mr. Cosby’s argument revoked the twelve year suspended sentence, but resuspended it, meaning the defendant had to serve no additional time.
Possession Of Heroin
A young person Mr. Cosby represented was charged with possession of heroin with the intent to distribute and conspiracy to distribute the heroin. Mr. Cosby raised many legitimate arguments as to whether his client had joined with the other occupant of the car, which the defendant was driving when the police stopped it, in the objective to distribute the heroin. After negotiations with the prosecutor the conspiracy charge was nolle processed, and the possession of heroin with the intent to distribute was amended to a simple possession of the heroin. Also as a part of the plea agreement negotiated by Mr. Cosby, the defendant received thirty days in jail to serve, suspended time, supervised probation upon his release, a restricted operator’s license, and drug treatment was mandated as well as community service.
Possession Of Cocaine
Mr. Cosby had a client who was charged with possession of cocaine with the intent to distribute. The defendant was on probation at the time for a felony and had suspended time. The police claimed to have gotten behind a vehicle in with the defendant was a passenger and to have seen the bag of cocaine get thrown out his side of the vehicle. There was a passenger in the back seat as well. Defense counsel after numerous discussions with the prosecutor had the prosecutor agree to nolle process or drop the charge. Defense counsel contended that the prosecutor would be unable to prove who threw the bag out the window.
Murder – Hung Jury
I represented a defendant in 2014 for murder plus malicious wounding and two counts of use of a firearm in commission of a felony. The defendant was facing up to life plus eighty-seven years in prison. In the first trial, the jury hung, which means they could not be unanimous (all agree) as to whether the defendant committed the crimes. The prosecutor elected to try him again for the same offenses and I represented him again in a jury trial. Once again, the jury hung and was unable to convict.
D.U.I. (.14 BAC) Reduced by Plea Agreement to Reckless Driving
A defendant in 2015 was charged with drunk driving with a .14 blood alcohol level (one is presumed to be under the influence at .08) and had strong signs of intoxication. He also had been in an accident where he was charged. During my interview of the officer outside the court room prior to trial, I determined that the officer had failed to ascertain certain things during the investigation. These failures in her investigation brought into question the admissibility of crucial evidence. Based on the problems I ascertained, I negotiated the case with the prosecutor down to a reckless driving charge.
Not Guilty – Rape, Abduction; Minimal Sentence on Assault and Strangulation Convictions
My client was charged with rape, abduction, strangulation and malicious wounding. In a hard fought jury trial in 2014, I was able to cast doubt on the credibility of the victim, and the jury found the defendant not guilty of rape and abduction, and reduced the malicious wounding to a misdemeanor assault. The victim showed signs of injury to her neck and the defendant was found guilty of strangulation. The defendant was given twenty-four months in jail, and had been facing up to life plus fifty-five years in prison.
Marijuana – Road Block Case (Checking Detail)
My client was found not guilty of possession of marijuana, when the Court granted my motion to suppress. I questioned the legality of the road block contending that my client’s Fourth Amendment rights were violated and that there was an illegal stop. In carefully reviewing the documents setting up the road block, I discovered errors in the documentation, which enabled me to successfully attack the legality of the checking detail.
Felony Conviction Reopened – and Case Taken Under Advisement to be Reduced to a Misdemeanor
A client who had just been convicted of a felony drug and gun offense in a Circuit Court came to me. I determined that the language of the plea agreement which he was alleged to have violated, wherein his felony cases had been deferred, had not in fact been breached. I filed the appropriate motions and as his new counsel caused the felonies to be reopened for a potential reduction to misdemeanors.
Murder Case Won – Did the Defendant Do It or the Commonwealth’s Key Witness?
The defendant in this case was offered a plea agreement of fifty years for a murder charge and other charges growing out of the incident. The defendant pled not guilty and a three day jury trial took place. The Commonwealth’s evidence was that the defendant executed a man who owed him a drug debt during a meeting on a rural road. The Commonwealth put on as its key witness, a woman, who claimed to be in the car with the victim when he was shot and who identified the defendant as the shooter, and a man who was allegedly with the defendant when he shot and killed the victim. Mr. Cosby put on evidence that the woman in the car had a motive to shoot the victim, and brought out various inconsistencies in her testimony and questioned the believability of the man in the car. Mr. Cosby, who had been a prosecutor, utilized the tactic of building a case against the prosecutor’s key witness, while the prosecutor built a case against the defendant. The jury found the defendant not guilty of murder and recommended one year incarceration for abduction which punishment was imposed by the Court.
Ride by Shooting – Defendant Found Not Guilty of Murder
In this murder case involving a ride by shooting in the Circuit Court of Richmond, the key question was the identity of the shooter. Mr. Cosby raised reasonable doubt in the jury trial as to whether the defendant shot the victim and the defendant was found not guilty.
Murder Case Won – Commonwealth’s Sole Eyewitness Breaks Down on Witness Stand
The defendant in this case was charged with murder by stabbing a clerk in a country store to death during a robbery. The key witness in the General District Court identified the defendant as the man he saw commit the crime. During a probing cross-examination, the witness fell apart. The witness stated he had been threatened by the police with the death penalty, was intoxicated during the interrogation, was questioned for five hours, and was not allowed to use the bathroom. The local newspaper related that the key witness’ testimony “began breaking down under questioning by Cosby and finally he said he was lying.” The paper noted the charges were dismissed while the defendant’s leg chains were being taken off.
Murder Case Won; Self-defense
The defendant acted in self-defense Cosby contended when he got in a fight at a car with a man with whom he was riding. An argument took place between the two men. Mr. Cosby established at the General District Court the victim’s reputation for violence, and prior acts of violence the victim had committed against others. Evidence was brought forth that the defendant was protecting himself and the case was dismissed. The Commonwealth did not seek to indict over the dismissal.
Cocaine Distribution Case Won – Prosecution Erred by Not Providing Lab Report as Requested
In this cocaine distribution case, a previously convicted cocaine distributor was targeted by the police for arrest. The police had an informant lure the defendant to a house to buy drugs from him, and the police were in the basement of the house monitoring the deal and videotaped the transaction. Mr. Cosby discovered a technicality and raised an objection as to how the lab report had been mishandled. This report was needed to prove the nature of the drug. The case was dismissed in the Circuit Court at Mr. Cosby’s request as the Court refused to allow the lab report to be admitted into evidence based on Mr. Cosby’s objection.
Cocaine Distribution Case Won – Prosecution Did Not File the Lab Report as Required
In a trial in a Circuit Court for drug distribution, Mr. Cosby discovered that the lab report which was needed to prove the nature of the substance had not been filed as required. Thus, Mr. Cosby objected to the lab report being admitted into evidence, and the case was dismissed. The defendant had another cocaine charge coming up in the same Circuit Court and the prosecutor as he was allowed to do, requested a jury trial.
Cocaine Distribution Jury Trial Won
The above defendant was tried with a jury for an additional charge of distribution of cocaine. The investigator testified that he never even for a moment took his eye off of the defendant as he observed him while driving his car. Mr. Cosby questioned the investigator as to how he could drive the car he was in for the distance he said he drove it and be able to keep control of the car. In other words, how could he drive the car safely and not wreck the vehicle? The jury found the defendant not guilty.
Multiple Rape Convictions and Abduction Charges Set Aside; New Trial Awarded
The defendant who was initially represented by another attorney was convicted of abducting or kidnapping his former girlfriend and to assaulting and raping her over a number of days. The jury returned a verdict of over five hundred years for these crimes. Mr. Cosby was hired and prior to the defendant being sentenced, Mr. Cosby filed a motion questioning a ruling made by the trial judge on evidence in the case. Mr. Cosby successfully argued that the trial judge had made an error and the judge set aside the convictions and granted a new trial. Mr. Cosby was retained to handle the new trial. The defendant was found not guilty in a new jury trial of abduction and the sexual offenses, but found guilty of multiple assaults on his girlfriend and he received a total of five years incarceration.
Cocaine Distribution Case Won – Key Witness’ Believability Questioned
During the trial, Mr. Cosby established that the key witness’ story, which he initially told the police, had changed dramatically after he agreed to cooperate with the police and the prosecutor. The story changed, in that it made the facts much worse for the defendant once the witness saw he was going to possibly receive a benefit for testifying for the Commonwealth. Mr. Cosby successfully argued that this key witness was not believable and the defendant was found not guilty.
Cocaine Distribution Case Won – Accuracy of Undercover Police Officer’s Identification Questioned
During a jury trial, a police officer testified that while acting under cover, that he purchased cocaine from the defendant. Mr. Cosby on cross-examination questioned the undercover police officer about the nature of the lighting that was available to see this transaction at night. Mr. Cosby inquired as to the length of time the officer had to observe the seller and about other important details about his observations. Mr. Cosby successfully argued to the jury that the officer was mistaken that the defendant sold to him, and the defendant was found not guilty.
Cocaine Distribution Case Won – Accuracy of Undercover Police Officer’s Testimony Questioned
During a motion to suppress the identification of the defendant as the seller of the cocaine, which motion was heard in the Circuit Court, Mr. Cosby questioned the reliability and accuracy of the undercover police officer’s testimony. The officer testified that the defendant had sold cocaine to him. During the cross-examination, Mr. Cosby asked the officer when he had last been shown a photograph of the defendant. The officer responded that he had only seen a photo lying in a file that morning. Another officer when called to the witness stand by Cosby stated, when questioned by Mr. Cosby, that he had actually shown a picture of the defendant to the undercover police officer shortly before he came into the courtroom to testify. The case was dismissed by the Circuit Court judge.
Drug Distribution Case Won – Prosecutor Refuses to Disclose Informant
The defendant was charged with distributing cocaine on three separate occasions to an undercover police officer. Mr. Cosby filed a motion prior to trial demanding the Court to order that any informant who was an eye witness to the sales be disclosed to the defense. The Court granted the motion and ordered the disclosure, but the prosecutor refused to disclose the identity as the police had promised the informant who was present at each alleged sale to never disclose his identity. Thus, rather than break the police officer’s promise to the informant, the Commonwealth asked that the charges be dropped and the Court granted this request.
Shaken Baby Case Won – Who Shook the Baby?
The defendant, the babysitter of a young baby, pled not guilty to shaking the baby in her care too hard. The baby was found to have suffered brain damage from being shaken. Mr. Cosby brought out evidence during the trial that others had the opportunity to shake the baby and the Court could not be sure that the babysitter had committed the offense. The Court agreed there was reasonable doubt that the babysitter had committed the crime and found the defendant not guilty.
Murder Case Won – Which Inmate Did It?
Mr. Cosby defended an inmate in prison for killing another inmate. A jury trial was had and Mr. Cosby established during his defense that another inmate may have committed the crime. While Mr. Cosby was vigorously cross-examining an inmate that he alleged may have committed the crime, the inmate got so flustered that he threatened to get out of the witness box and come after Mr. Cosby. The jury after deliberating found the defendant not guilty of murder.
Domestic Assault Case Won – Was the Defendant or His Wife Lying?
Mr. Cosby defended a man for assaulting his wife in the parking lot of a restaurant where they allegedly argued after dinner. Mr. Cosby successfully argued inconsistencies in the wife’s testimony to the Court, which also heard the testimony of the defendant. The Court found the defendant not guilty.
A Truck Driver with a Commercial Driver’s License who was Charged with Drunk Driving and Refusal to Take a Breath Test Was Convicted Only of Reckless Driving
Mr. Cosby filed a motion to suppress in the Circuit Court questioning whether there was enough evidence to arrest the defendant for drunk driving and thus require him to take a breath test. Since this was deemed to be an issue with merit by the prosecutor, the prosecutor agreed to drop the DUI and refusal charge in exchange for a guilty plea on reckless driving. The truck driver thus did not lose his commercial driver’s license based on this plea agreement.
Cocaine Distribution Case Won – Paperwork to Establish Chain of Custody Absent
Mr. Cosby was representing a defendant for selling cocaine, who had previously been convicted of selling cocaine. Mr. Cosby on cross-examination brought out the fact that the police officer did not have the form with him requesting a laboratory examination of the drug. Mr. Cosby moved to dismiss, successfully arguing that based on a statute in Virginia that the police had to have the request form in order to prove that the drugs seized were the drugs submitted to the lab. The Court agreed with Mr. Cosby’s argument on this technicality and agreed with Mr. Cosby that the lab report could not come into evidence, and on Mr. Cosby’s motion dismissed the case.
Cocaine Distribution Case Won on Appeal
Mr. Cosby represented a defendant for selling cocaine in a jury trial. Mr. Cosby objected to the lab report (showing that the substance seized was cocaine) being admitted into evidence and raised some technical arguments. The Court overruled Mr. Cosby’s objections and the defendant was convicted. On an appeal to the Virginia Court of Appeals, the Court ruled that Mr. Cosby had been correct in his objection to the lab reports and reversed and dismissed the case.
Defendant Charged with DUI with .13 Breath Test Found Not Guilty
Mr. Cosby developed facts in the trial that showed that even though the defendant had a .13 breath test, that the defendant did well enough on the tests given by the police to raise a reasonable doubt as to the defendant’s guilt. In Virginia, a defendant is presumed to be under the influence of alcohol with a .08 blood alcohol content. The Court agreed with Mr. Cosby’s argument and found the defendant not guilty.
Motion to Suppress Granted – Drug Case Dismissed
Mr. Cosby successfully argued a motion to suppress he filed in the Circuit Court of the City of Richmond. Mr. Cosby, who was representing a defendant for dealing drugs, contended that the defendant’s confession was inadmissible as it was involuntary. Mr. Cosby contended that some of the statements made by the police to the defendant were improper when they questioned the defendant. The Judge agreed with Mr. Cosby’s argument, and granted the motion and dismissed the case.
Drunk Driving, Refusal to Take Breath Test, Obstruction of Justice, Resisting Arrest
Mr. Cosby filed a motion to suppress raising various legal arguments that involved among other issues whether the prosecutor could prove the defendant was operating the motor vehicle. The prosecutor, after reviewing the motion, agreed that Mr. Cosby’s arguments were insurmountable and dropped all the charges.
Murder Case; Shooting Victim with Assault Rifle
Mr. Cosby along with co-counsel defended a man for murdering a man with an AK47 assault rifle at a party. The jury found the defendant guilty of a lesser offense and gave him one year to serve.
Man Charged with Intentionally Giving His Girlfriend the HIV Virus
Mr. Cosby represented a man in a case where his girlfriend contracted the HIV virus. The defendant was charged with a felony and a misdemeanor. The Commonwealth put on evidence that the defendant knew he was HIV positive and convinced his girlfriend to have unprotected sex. A jury trial was had, and at the conclusion of the prosecutor’s evidence, Mr. Cosby argued successfully to the judge that the law did not support a felony conviction, and the defendant was convicted only of a misdemeanor.
Embezzlement Trial Won on Motion to Strike
During a jury trial where the defendant was charged with stealing money from an employer, the Court dismissed the charges on a motion made by Mr. Cosby. The Judge would not let the case go to the jury to decide the case.
Alleged Sex Offenses against Child; Case Won
The defendant and a co-defendant (the father of a child victim) were charged with sex offenses against the co-defendant’s daughter. During the jury trial, Mr. Cosby during a lengthy cross-examination, confronted the victim with numerous inconsistent and different statements that she had made. He pointed out the key differences between her testimony and her previous statements to others about the crimes. Mr. Cosby on a Motion to Strike at the conclusion of the prosecutor’s evidence, convinced the judge that the evidence was so weak that he should not allow the jury to consider the evidence. The judge, on Mr. Cosby’s motion, dismissed the case.
Getting Cases Continued and Dismissed or Reduced by Agreement
There have been cases throughout the years where Mr. Cosby has been able to get cases reduced or dismissed through an agreement with the prosecutor.
For instance, Mr. Cosby represented a college student for stealing from another student, and in order to prevent the student from getting a felony conviction and ruining the student’s job prospects, Mr. Cosby reached an agreement with the prosecutor. The agreement involved the student writing an apology letter to the other student, performing community service and being of good behavior, and the felony larceny was dismissed.
On one occasion, Mr. Cosby reached an agreement with the prosecutor to continue a nursing student’s larceny case, which case was to be dismissed upon repayments of the monies taken, completing community service and being of good behavior.
Mr. Cosby saved a teacher’s career who was getting a master’s degree in education and who was charged with a felony drug offense, by convincing the prosecutor and the Court to take the case under advisement and to dismiss the case upon proof of drug counseling, negative drug tests, and community service. The defendant successfully completed the requirements and the drug case was dismissed.
Malicious Wounding and Robbery Convictions Reversed on Appeal
Mr. Cosby was not the attorney at trial, but was hired on appeal. The defendant had been convicted of numerous robberies and malicious wounding, involving a home invasion. Mr. Cosby successfully argued on appeal that the prosecutor was allowed to improperly question the defendant as to whether he was a drug dealer. The Appellate Court agreed with Mr. Cosby’s argument and dismissed one robbery case on another argument, and reversed and remanded all the other charges for a new trial.
Defendant Found Not Guilty of Ten Felony Child Molestation Charges
The defendant was charged with ten felony counts of sexual molestation of two young girls and was looking at a very lengthy sentence if convicted. During a two-day jury trial in the Circuit Court, the Commonwealth hinged its case on the credibility of the two alleged victims and called other witnesses in an attempt to corroborate the girls’ testimony. During the cross-examination of the two alleged victims, Mr. Cosby utilized transcripts of prior hearings where he questioned the girl’s and their mother about inconsistencies in their prior testimony in an effort to impeach their credibility. During closing argument, Mr. Cosby maintained that he had brought out a number of inconsistencies in their testimony and that the jury should find them not credible. He also referred to the old adage that “if you are telling the truth, you do not have to remember what you have said.” He told the jury that the “devil is in the details” and the details brought out in his cross-examination of the Commonwealth’s witnesses showed that the defendant was innocent. The jury acquitted the defendant of all ten felony counts.
Issue of Illegal Arrest: D.U.I. Reduced to Reckless Driving
Mr. Cosby represented in the Circuit Court an individual with a commercial driver’s license (CDL) who made his living driving trucks. The defendant was charged with drunk driving and refusal to give a breath test where a conviction of either would cause the defendant to lose his commercial driver’s license and his livelihood. Mr. Cosby filed a motion to suppress the evidence in the case contending that there was not probable cause to arrest the defendant after his stop by the police, and that his constitutional rights were violated under the Fourth Amendment to the United States Constitution. Mr. Cosby discussed the merits of his motion with the prosecutor. The prosecutor acknowledged this was a real issue raised by Mr. Cosby. Thereafter, Mr. Cosby was able to negotiate a favorable result resulting in a plea agreement where the Commonwealth agreed to drop the D.U. I. and refusal charges, and the defendant pled guilty instead to reckless driving and accepted a short jail sentence on weekends. The reckless driving conviction did not affect the defendant’s commercial driver’s license.
D.U.I. Won on Issue of Admissibility of Breath Test Certificate
Mr. Cosby won a drunk driving case where he successfully argued a legal technical issue based on the interpretation of a new statute. His argument convinced the Court not to allow into evidence the certificate of the breath test operator which set forth the blood alcohol content of the defendant. After hearing the Commonwealth’s evidence without the benefit of the certificate from the breath test operator, the Court ruled there was insufficient evidence to convict and found the defendant not guilty of drunk driving.
The Judge Said the Police Photo of the Victim Showed No Sign of An Injury
A father allegedly assaulted his daughter. The trial took place in the Circuit Court. Mr. Cosby summonsed the police officer who came upon the victim shortly after the alleged assault. The victim testified to being brutally hit many times by her father who is a very large man. The officer testified he saw nothing wrong with the victim and took a photo. The photograph was introduced into evidence by Mr. Cosby and the Commonwealth argued that it showed a mark on her face. The defendant testified and denied beating his daughter. His daughter also testified to sitting in the defendant’s parked car for over an hour while he shopped at a store after having been assaulted by her father. She admitted on cross-examination she neither ran nor sought to summons help with her cell phone or in person but waited for her father to take her to his house. She crawled out the bedroom window of his house and called her mother. Mr. Cosby put on several character witnesses as to the defendant’s good reputation for truthfulness and peacefulness. Mr. Cosby argued that the victim’s failure to run or summons help were inconsistent with her testimony as to what occurred. The judge commented he could see no evidence of assault in the police photograph and found the defendant not guilty.
Was the Defendant the Assailant or His Companion?
A defendant was charged with assaulting another individual at a theme park by hitting the victim in the face. The trial occurred in the Circuit Court. Mr. Cosby presented three witnesses who testified that another individual accompanying the defendant admitted to them that he was in fact the assailant and not the defendant. The prosecutor had two eyewitnesses identify the defendant as the assailant. A security guard said he was seventy-five percent certain it was the defendant. The individual who the defendant contended actually committed the offense and was accompanying the defendant at the scene took the Fifth Amendment at the trial. A witness came forward for the defense and identified the witness who took the Fifth Amendment as indeed the assailant. Mr. Cosby argued that the Commonwealth had the wrong person charged, and the Court found the defendant not guilty.