Fizzy’s Corner: The Cosby Trial

fizz

Editor’s Note: Dave “Fizzy” Weinraub, a friend of Temple Football Forever and former teammate of Bill Cosby, was featured in a story in the Washington Informer. The story follows below: 

The Temple University community — both current students and faculty and its proud alumni — have largely remained silent as Bill Cosby, the school’s onetime favorite son, faces sexual assault charges.

However, on the outset of Monday’s trial in which the iconic comedian could face 10 years in prison, one of the university’s stronger voices has emerged.

David Weinraub, a Temple graduate who spent more than 30 years as a teacher, dean and high school principal, has challenged others to “review the evidence” against Cosby, who attended Temple and served 32 years on the university’s board of trustees.

Weinraub, who has closely followed the accusations of dozens by women who claim Cosby assaulted them, has put together a compelling argument, presented as if he were a lawyer, and asks students of a fictional law school to determine Cosby’s guilt or innocence.

“I’ve been following it from the beginning and saw the obvious time constraints with the statute of limitations in the case and I saw where a district attorney candidate ran on the Cosby issue,” said Weinraub, who now lives in New Jersey.

His “assignment” details the case through facts not always as widely reported as the allegations.

“Once the accusations were made public, many women came forth to say they too, had been molested by [Cosby],” Weinraub said. “Many of their stories had the same theme: they were thrilled to have this famous man show interest, and accompanied him to his digs where he surreptitiously slipped a drug in their drink. Later, they woke to find their clothes in disarray, and various forms of evidence suggesting some kind of sexual activity had taken place.”

None of the women came forward with a complaint within the legal time limit except for former Temple employee Andrea Constand. However, after prosecutors originally reviewed the evidence, it was determined that there wasn’t enough to convict Cosby, so Constand filed a civil suit seeking damages, Weinraub noted.

“The basis of her case was that on one of the many occasions she had visited Cosby, she was given a pill,” Weinraub wrote in the dissertation to students whom he’s asked to determine the outcome of the case. “When the drowsiness wore off, she looked down and saw that Cosby had his hand in her pants.

“She did not say that anything else had occurred, only that she saw his hand in her pants,” he wrote. “Cosby said the pill and any activity was consensual. She said it was not.”

Given the he-said-she-said testimony in such cases, prosecutors struck a deal with Cosby for him to tell his side of the story and that it would remain sealed, Weinraub said.

Also, a deal between Cosby and Constand was reached but years later, a new prosecutor stepped in and filed charges anyway despite the former prosecutor agreeing not to seek prosecution.

The new prosecutor wanted to bring in the previously sealed testimony made by Cosby in the civil suit, Weinraub said.

“After hearing the testimony of the old prosecutor who said he had indeed, made the deal, the presiding judge said in effect, ‘tough darts,’” he said, pointing out how Cosby’s private words could now be shared with a jury in a criminal trial and that the judge who allowed the testimony did so knowing that Constand’s claims could not be substantiated.

In his direction to the law students, Weinraub asked that they also consider Cosby’s request for a change of venue.

In summation, Weinraub said the only charge to be considered is that Cosby gave Constand a pill and placed his hand in her pants, all without permission.

“There is no other charge here,” he argued.
“You’ve heard firsthand from this woman, she did not acquiesce to take a pill from Cosby, nor did she want him to put his hand in her pants. Cosby’s testimony from the civil trail says he offered a portion of a pill and she accepted. At no time did she say no.”

Weinraub noted that Constand voluntarily came to Cosby’s house on several occasions and even returned after the alleged incident.

There was no immediate complaint of any sort until much later, when her mother got involved, he said.

“Then, after the prosecutor decided he couldn’t win a criminal case, the mother and daughter decided to sue in civil court … during the civil case, they made a deal, accepted money, and that was that until this new prosecutor searching for an issue that could help him win an election, said he would bring criminal charges against Cosby,” Weinraub said.

“She didn’t say he raped her,” he said. “She didn’t say he did anything else indecent. All she said was he put his hand in her pants without her permission, and that’s after cozying up on the couch with him for quite a time. There’s no proof here, only innuendo from a woman who took his money and then went back on her word.

“Why was she even there?” Weinraub said. “Why didn’t she leave? Innuendo is not proof. After all the times she voluntarily visited Cosby, and even instigated some of those visits, are you going to send a man to prison on her word alone? Are you going to send a man to prison because this woman said he had his hand in her pants?”

Weinraub asked his students to place themselves in the position of the presiding judge and present a verdict and rationale for it.

When asked what would be his verdict, Weinraub said, “Not guilty.”

Attempts to reach Montgomery County District Attorney Richard Steele and Constand’s attorney were unsuccessful. Temple officials had no comment.

Monday: Too Soon

Wednesday: Sustainability 

Friday: Cracker Jack Game Managing

Monday (6/19): Birthday Wishes

Wednesday (6/21): Five ADs Pat Kraft Should Call

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23 thoughts on “Fizzy’s Corner: The Cosby Trial

  1. Do not agree with this analysis. It is clear to me Cosby was doing something wrong to get his Jollies. He has become an albatross for TUFB.

    • I’ll never understand why Cosby ever put himself into these situations. Here’s a guy whose net worth has been estimated at anywhere between $350 million and $500 million and could have done a lot of good for Temple with that money going forward. Probably even had a stadium named after him. That’s all out the window.

  2. Not a legal expert, but it seems to me to be some sort of double-jeopardy when both parties and their attorneys sign an agreement that says the contents by both parties will never be disclosed and now the contents of that settlement becomes the very basis of the trial. If I was on the Jury, that’s the one question I’d want clarified.

    • It’s not double jeopardy because the civil suit did not place him in criminal jeopardy. He could sue her for breech of the civil agreement but that would be a Pyrrhic victory. What I find troubling is the refusal of the new DA to abide by the agreement made by the prior DA especially because, but for the agreement, Cosby likely never would have made the incriminating remarks and likely would have refused to say anything about it by exercising his Fifth Amendment right to remain silent. I also find troubling the court rulings deeming his comments made during the litigation of the civil suit admissible in the criminal prosecution for the same reason. As far as the other women are concerned, I can’t believe so many of them remained silent. There’s more to their stories than they’re admitting. Also whenever I see Gloria Allred involved, I know something shady is going on.

      • John, You are right there more to story, a powerful man who preyed on the young and the weak. He choose his victims carefully. It took 30 years for these women to develop the strength to go public. And yet as over 100 have come out, people like Wientraub still defend this predator.
        Just imagine if a 19-yr old college girl came out and said she was raped by American’s dad during the late 80’s/early 90’s. First, who would believe her?

      • John, You are right there more to story. A powerful man who preyed on the young and the weak. He choose his victims carefully. It took 30 years for these women to develop the strength to go public. And yet, as over 100 have come out, people like Wientraub still defend this predator.
        Just imagine if a 19-yr old college girl came out and said she was raped by American’s dad during the late 80’s/early 90’s. First, who would believe her? Second, imagine the pressure on her. Literally, the weight of the world would be on her shoulders for accusing Cliff Huxable of rape! Third, though it is unfair, there is a double standard between men and women. If you don’t believe me, just ask Monica Lewinsky. Clinton is still a super star, while Monica had to start a new life in France. Who wants that? So yeah, it is not as easy as you would think.

  3. Under the best of circumstances, Cosby has been exposed as crumb of a guy and serial cheater. I understand the notion of not throwing stones, but Temple has absolutely no obligation to stand by the guy.

    This doesn’t come close to the Jerry Sandusky events, but Temple ought to look closely at the example set the JoePa apologists up there and stay as far away from Cosby as possible.

    • Agreed. Temple did the right thing by cutting off all ties with Cosby and kicking him off the BOT.

    • If your sister, mother, or daughter was raped by Cosby, would you still say it is not as big of a deal as Jerry Sandusky? By that statement alone, you have just become a “Cosby Apologist”. What Cosby did is same thing as Sandusky. The only difference, one set of victims were boys, and the other set of victims were young ladies.

  4. The charges are for aggravated incident assault.

    In PA aggravated incident assault is defined as : a person who engages in penetration, however slight, of the genitals or anus of a complainant with a part of the person’s body for any purpose other than good faith medical, hygienic or law enforcement procedures commits aggravated indecent assault if:

    (1) the person does so without the complainant’s
    consent;
    (2) the person does so by forcible compulsion;
    (3) the person does so by threat of forcible compulsion
    that would prevent resistance by a person of reasonable
    resolution;
    (4) the complainant is unconscious or the person knows
    that the complainant is unaware that the penetration is
    occurring;
    (5) the person has substantially impaired the
    complainant’s power to appraise or control his or her conduct
    by administering or employing, without the knowledge of the
    complainant, drugs, intoxicants or other means for the
    purpose of preventing resistance;

    Cosby admits to giving Constand three pills prior to the incident . He claims it was Benadryl . Shortly afterwards she said she was in and out of awareness, when the assault occurred, Sounds guilty to me , right ????

    However, Cosby claims it was a consensual act.
    There is no physical evidence to support the allegations. She wasn’t examined by a physician after the assault. She didn’t report this to the police until a year after the assault. The previous DA declined to file charges against Cosby.

    Despite a well known powerful deposition, I predict one of two things.
    A) Not Guilty –
    b) Hung Jury
    The state has prove he is guilty beyond a reasonable doubt.

  5. Cosby is forever in Temple’s rearview mirror…, now let’s talk about TUFB practice and CC.

    Back to back appearances in the AAC Championship, I hope CC makes it three in row.., and so what if he leaves.., coaches come and go, it is the nature of the profession

    • P.J. was a great quarterback, but I think a lot of people are overrating what his loss will mean to this team. In P.J.’s first couple of years, he was a game manager but he did not have much of a game to manage (no fullback, no great tailback). All the current QB (and I think it’s either Russo or Marchi) needs to do is manage a better company (Sharga, Armstead, Gardner and the deepest group of receivers I have ever seen in my Temple football lifetime).

      • yea verily, we have league leading size and speed at the skill positions. the OL will be strong, health depending…,

        this QB thing is an issue…, just hard to fathom so many are competing for the starting job at this point…, if you have 4 QBs who can start, how many starting QBs do you really have? Usually the answer is none/zero..,

  6. “….as if he were a lawyer, and asks students of a fictional law school to determine Cosby’s guilt or innocence.”
    What bullshit is this? His whole presentation, law school audience and verdict is fabricated in his own head!!!! Mike, I am rather surprised you posted this garbage. In all fairness, you should now post interviews of the 60 women who were a assaulted, and the dozens and dozens of other women who never can forth.

    • When you are a teammate of a guy, like Fizz was, you are brothers forever. Much like the first Golden class was brothers with Adrian Robinson, Anthony Ferla and Kee-Ayre Griffin, who now are all gone. So I’m cutting Fizzy some slack giving him his say. I hope others will, too. Fizzy has written some stories for TFF that were very well-received. I might disagree with him on Cos, but I respect his opinion on most everything.

  7. If only Vincent Bugliosi was still alive to analyze the Crosby case. Constand looks like a transvestite Medusa, so it’s a tough sell for his lawyer. I say he gets off, so we should all support him and his money.

    • So sad that Temple doesn’t produce money-makers other than Lew Katz and Cosby. One is dead. One is as good as dead as far as Temple is concerned. Even the guy who got the Fox Business School building named after him, Dennis Alter, lost most of his millions. One thing I promise here and now in writing: When I win the $425 million tonight, I will not drug or rape anyone. I will give a hefty portion to make a $126 million stadium a $300 million one (a stadium that will be a destination and not just a glorified high school jawn) and buy a house in Florida. Maybe cater a tailgate or two with the catering company handing out deviled eggs, and pigs in a blanket (that’s those little hot dogs in a roll) . That’s it. I won’t be spending money like a drunken sailor or purchasing “Quaaludes” or “benadryl” or any drug stronger than a 12-ounce Coors Light.

    • I think she looks like Howard Stern

  8. It’s pretty certain Cosby did what he’s accused of doing. Only lawyers and our judicial system can prevent true justice from happening – the old he said/she said defense even though dozens came forth. Just like it’s pretty darn certain Sandusky abused many more kids than he was accused of. It’s the nature of the sickness these kind of people have.
    But I agree with kj, let’s talk football here. There’s plenty of questions to be answered for the coming season that only the season can answer. Can’t wait.

    • Indirectly, it is a football and athletics story because an important source of funds for the stadium and athletics in general is no longer available. Moreover, the good will he generated for the university’s sports programs is gone. His money is no longer acceptable and TU will suffer because of his sins. Lucky for TU nothing occurred on campus. Unlike PSU, TU could not afford a series of lawsuits like PSU did. It could have meant the death of a lot of school programs.

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