Monthly Archives: August 2021

Changing Laws!

Talking the Talk Is Not Enough!

Andrew Cuomo. New York State Governor for the next 3 hours and 10 mInutes

There was a time, all too recently, when politicians got to hide their immorality behind a cloak of positive gains for their constituents. New York State’s Governor Andrew Cuomo’s downfall exemplifies the sea change society is experiencing, where rising to public office demands walking the walk as well as talking the talk.

American history is rife with immorality. For centuries, our leaders were lauded despite their extramarital affairs, bigotry, and other immoral/illegal conduct. Only a few short years back, the two leaders of the NY State Senate and Assembly, Dean Skelos and Sheldon Silver, were both tried, and convicted of criminal charges. Two Governors left in shame, Elliott Spitzer and David Paterson.

I vividly recall the arguments between my mother and father at our dinner table when John F. Kennedy ran for President. His skirt-chasing was legendary, long before he was elected. My father argued that personal behavior had nothing to do with his ability to lead.

That was the time we lived in. For constituents with emotional empathy and conscience, those days are gone. We no longer close our eyes and separate the art from the artist.

Leaders must do more than provide gains. They set the standards of morality for our youth. They are the images that our children emulate. When their morality is flawed, they teach our children that bad behavior is acceptable, as long as you “get away with it.” In our techno-universe, information spreads like wildfire, unveiling personal character, and corrupting the character of the next generation.

No question about it…….

Governor Cuomo made monumental gains for New York. From building bridges, improving our commuter system, passing minimum wage requirements, creating marriage equality, and so much more, he was a champion. But he failed to recognize his responsibility to be a person our children could admire and emulate. By ignoring his obligation to secure consent from women who he found attractive, he showed that New York’s failure to correctly define consent in penal law, starts at the top, then trickles down throughout the ranks to legislative dinosaurs just like him.

It’s not only time to part with Governor Cuomo, but to ferret out the additional legislators with the same archaic mindset that prevents “consent” from being clearly defined in our laws!

We need to contact every NY legislator and ask, #WillYouCodifyConsent? Only re-elect those who respond #IWillCodifyConsent!

It’s way past time to make the transformational change that enables our growing generation to comprehend what CONSENT actually means, so we can hand them a world where we’ve conquered sexual assault!

Consent is freely given, knowledgeable and informed agreement. #FGKIA! This definition should appear in every penal code across the US and around the world!

Sign our Change.org petition to enact Bill #A6540A, defining CONSENT in NY’s laws!

Changing Laws!

Cosby Did Not Have Immunity!

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Why the Supreme Court of PA overturned Cosby’s guilty verdict baffles the mind!

Justice Wecht wrote the court’s opinion. Although their decision claims District Attorney Bruce Castor gave Cosby immunity from criminal prosecution, he totally lacked authority to do so. His authority only extended to whether or not he would prosecute the accused. A determination of “immunity,” however, according to Pennsylvania’s statutes, must be made by a judge. No such determination was granted.

Any Pennsylvania judge, including the four rape apologists who favored the opinion to vacate, Justices Todd, Donahue, Wecht and Mundy, could and should have known better.

Cosby’s defense attorney, equally at fault in guiding his client, advised Cosby that because he was not being prosecuted, he did not have the right to plead the fifth amendment during the civil trial. During his civil depositions, Cosby admitted he engaged in sexual contact with Constand – after administering drugs that rendered her incapacitated.

Fortunately, three of the Supreme Court Justices expressed dissenting opinions, Justices Dougherty, Baer and Saylor.

Excerpts from Justice Doughterty –

“I begin by addressing an underlying issue that the majority says little about but which I believe looms large: Castor’s apparent belief that, as an elected district attorney, he could forever preclude his successors from prosecuting Cosby.”

He goes on to say: “And it would effectively assign pardon power to District Attorneys, something this Court has already rejected as unconstitutional.”

Justice Dougherty, also disputed the remedy of vacating the judgment, as stated in Justice Wecht’s opinion which says: “He must be discharged, and any future prosecution on these particular charges must be barred.”

Rather, Justice Dougherty makes a solid case for suppressing Castor’s illegally obtained evidence and supports doing so by stating: “So drastic a step” merely increase[s] to an intolerable degree interference with the public interest in having the guilty brought to book.” Blue, 384 U.S. at 255.6

Justice Saylor also dissented:

“I respectfully disagree with the majority’s determination that the press release issued by former District Attorney Bruce Castor contained an unconditional promise that the Commonwealth would not prosecute Appellant in perpetuity. See Majority Opinion, slip op. at 50-52, 60-64. Rather, I read the operative language — “District Attorney Castor
declines to authorize the filing of criminal charges in connection with this matter” — as a conventional public announcement of a present exercise of prosecutorial discretion by the temporary occupant of the elected office of district attorney that would in no way be binding upon his own future decision-making processes, let alone those of his successor.”

In conclusion…….

The determination of the Supreme Court of the Commonwealth of Pennsylvania can only be overturned by the Supreme Court of the United States. Four Commonwealth of Pennsylvania justices have granted unconstitutional pardon power to the District Attorney. If there were ever a sexual assault case that warranted review by the highest court in the land, this is it!