December 29, 2014

"Attacking someone who is perceived to be a 'victim' can often be unproductive."

"I would suggest... a softly spoken denial rather than an outspoken challenge to the integrity of the women now coming forward. Simply put, it may be better to say nothing than try and engage so many."

Said criminal defense lawyer Benjamin Brafman, quoted in "Cosby Team’s Strategy: Hush Accusers, Insult Them, Blame the Media."

41 comments:

Nonapod said...

That might be valid as a legal and/or public relations strategy, but when you've got 2 dozen women coming forward detailing various instances over several decades it becomes almost impossible to avoid serious doubt from the general public. Cosby's image has now been ruined forever. Whether that equates to some kind of justice for his alleged victims I have no idea.

Michael said...

I think we will find some of these "victims" peeling off after Cosby's investigators get some dirt.

Curious George said...

I don't know, attacking the victims worked for Bill Clinton.

Alex said...

Perception is more powerful then reality which goes into deeper issues of epistemology which is way beyond any of you peons.

Alex said...

What a ridiculously biased article by the New York Slimes. Isn't Bill Cosby within his rights to file defamation lawsuits when he's been accused of the VILE crime of rape?

Gahrie said...

If Cosby is guilty, than attacking the woman is immoral, if legal. (see Bill Clinton)

If Cosby is innocent, then attacking the women is essential, if distasteful. How else would he defend himself?

My question is why now?

Many of these allegations are decades old.

Beta Rube said...

This method is not much in evidence when college boys are wrongly accused of rape. As I recall, The Duke lacrosse team was kept in the target zone long after the case against them fell apart.

Larry J said...

I have no idea whether Bill Cosby did any of these attacks or not. I've read that he's worth about $350 million and that could be a motivating factor for some of the alleged victims. It reminds me of a story I heard years ago about a city bus involved in a very minor traffic accident. The bus driver refused to open the doors until the police arrived. When asked why he refused to allow people to get off, he replied that he was preventing additional "victims" from boarding the bus so they too could play Jackpot Justice, AKA Lawsuit Lottery.

garage mahal said...

But it's so glamorous to come out publicly admit that some creepy old dude drugged you.

n.n said...

Preponderance of allegations is an evolutionary principle of legal parity. It corresponds to the neo-scientific method that creates knowledge through inference.

Alex said...

But it's so glamorous to come out publicly admit that some creepy old dude drugged you.

Yeah, the old "listen and believe" crap.

rhhardin said...

A soft beverage turns away wrath.

traditionalguy said...

ALL courtroom strategy is to make your side appear as the victim. Courtrooms, Judges and Juries see their purpose as protecting the victim.

And that is easy to manipulate. And it always works.

The defense to cold bloodiest murder is to portray the client as an abused child/woman/black person/old person/female Bishop, etc.

carrie said...

That strategy worked for Clinton.

jacksonjay said...

I don't know, attacking the victims worked for Bill Clinton.

"Nuts and Sluts Defense"
"Bimbo Eruptions"
"Drag a hundred dollar bill through a trailer park..."

Of course it worked for Bubba because he was determined to be the victim. VRWC and all! Who was that crazy bitch (journalist) that would gladly give Bub a hummer because abortion?

Char Char Binks said...

Mustn't offend the vagina.

Be said...

How did that old proverb go?

When the camel is dying, everyone becomes a butcher.

(Shrug.)

EDH said...

Seems to me, even if all or even most of the allegations were false, Cosby would cherry pick the weakest, most provably false allegation(s) and use that to defend himself in the court of public opinion.

That Cosby instead has adopted a blunderbuss defense strategy may reveal a lot about the veracity of each and every allegation.

Michael K said...

"an organized and expensive effort that involved quashing accusations as they emerged while raising questions about the accusers’ character and motives, both publicly and surreptitiously. "

Wow ! Sounds like Hillary and George Stephanopolis !

Is this a good theme for Democrats to push ?

I wonder how many of these young women saw a chance to further a career the way they did it in the 1930s and 40s ? Now, the theme has flipped.

Michael K said...

"The defense to cold bloodiest murder is to portray the client as an abused child/woman/black person/old person/female Bishop, etc."

I thought it was, "I couldn't have done it because I was out of town that night and, besides, the sonofabitch pulled a knife on me !"

Anonymous said...

These two things appear to contradict one another:

"I would suggest... a softly spoken denial rather than an outspoken challenge to the integrity of the women now coming forward. Simply put, it may be better to say nothing than try and engage so many."


"Cosby Team’s Strategy: Hush Accusers, Insult Them, Blame the Media."

Which is it, say nothing, or insult them and blame the media?

richard mcenroe said...

Alex, no. In this brave new world the accusation is enough,especially when it suits a faction seeking political advantage.

Jupiter said...

Michael K said...
"I wonder how many of these young women saw a chance to further a career the way they did it in the 1930s and 40s ?"

Women in the 30's and 40's further their careers by being drugged and raped?

Look, a *lot* of these women are not suing Cosby. They are not trying to get him indicted. They are not trying to obtain anything for themselves. They are simply saying, "You know, the bastard did (or tried to do) the same exact thing to me."

Scott said...

This calls for a CafePress coffee mug:

"Bill Cosby Raped Me Too."

William said...

I can't believe all these women are lying, nor can I believe that all of them are telling the truth. He most probably was a serial rapist with some kind of weird thing for drugged out women. If two or three women are exaggerating or flat out lying, he still got away with quite a large number......A lot of the women said they were afraid to come forward because he was such a revered public figure. Why isn't this perceived as a perversion of political correctness?.....Political correctness causes us to exaggerate the crimes of white frat boys and obscure the predations of Muslim cab drivers and revered black public figures.......I really think Cosby's klutz move was not the rape but the public criticism of black adolescents. Mike Tyson is a convicted rapist, but he's now celebrated as a story of redemption and moral triumph. The trick is not to criticize the clothing styles of black teenagers.

furious_a said...

Paula Jones, Juanita Broaddrick and Kathleen Willey could not be reached for comment.

steve uhr said...

Alex -- So why do you think it is that Cosby has not sued any of his alleged victims for defamation? He certainly can afford the best legal talent. Must have something to do with the fact that truth is an absolute defense. I don't think The Cos is anxious to sit for a deposition.

Anonymous said...

Steve,

What are the chances Cosby is convicted, by evidence, in a court of law?

steve uhr said...

Eric -- putting aside the statute of limitations issue, I think it highly likely he would be convicted since evidence of some of the other non-charged alleged rapes likely would come into evidence because they show common plan and modus operandi. (Fed Rule of Evidence 404(b)- most states have similar rule)

Do you really think all these woman are making it up?

Gahrie said...

So why do you think it is that Cosby has not sued any of his alleged victims for defamation?

How do you prove a negative?

In today's climate the presumption of truth lies with the women.

Drago said...

Steve Uhr: "steve uhr said...
Eric -- putting aside the statute of limitations issue, I think it highly likely he would be convicted since evidence of some of the other non-charged alleged rapes likely would come into evidence because they show common plan and modus operandi. (Fed Rule of Evidence 404(b)- most states have similar rule)"

All Cosby's defense team would have to show is that the "common plan and modus operandi" was publicly available after the first accusation to plant the seed that the rest of the alleged victims were putting forward copycat stories.

cubanbob said...

steve uhr said...

Alex -- So why do you think it is that Cosby has not sued any of his alleged victims for defamation? He certainly can afford the best legal talent. Must have something to do with the fact that truth is an absolute defense. I don't think The Cos is anxious to sit for a deposition.
12/29/14, 9:11 PM "

Wonder why the 20.25 and 30 year wait to come out with the accusations. Maybe him having a net worth of several hundred million might have something to do with it. You think if he was just a has-been broke old black comedian these woman would be coming out now? How many of these woman are ready to sit down for a deposition? The door swings both ways.

mccullough said...

Joe Paterno lost his legend status as well after looking the other way to sexual abuse of minors by his longtime assistant coach.

Cosby's actions are even worse than Paterno's. Paterno had the decency to die. Cosby should as well.

mccullough said...

Cubanbob

This all came out a decade ago when a woman sued Cosby for sexual assault in 2004 and 13 women came forward to testify for her that Cosby did the same to them. Cosby settled. He should have been prosecuted but the prosecutor was a coward.

Cosby is a rapist.

Achilles said...

mccullough said...
"Cubanbob

This all came out a decade ago when a woman sued Cosby for sexual assault in 2004 and 13 women came forward to testify for her that Cosby did the same to them. Cosby settled. He should have been prosecuted but the prosecutor was a coward.

Cosby is a rapist."

So multiple women come forward with specific and similar accusations about a man who they say raped them. He responds with vigorous denials and trashes the women in the media. Later he settles with one of them.

err... is this about Clinton or Cosby? I guess it is about two old buys who will never go to jail for crimes it certainly appears they committed if you take the words of multiple women and a settlement.

Anonymous said...

Steve,

Highly likely he "would" be convicted? Or do you mean "will" be convicted?

Isn't he going to go to court and have his day before a jury of his peers?

Or are you convicting him in the court of public opinion?

As for your question. I don't know. I can't know. The best I can hope for is all the evidence is placed before a jurybof his peers and they decide as impartially as possible.

Absent that, I don't know. And therefore, I'll give him the benefit of the doubt.

Thorley Winston said...

I have no opinion on Cosby's guilt or innocence but as far as why he's not suing these women for defamation, I think it's pretty obvious. He's over 77 years old which about three years longer than the average lifespan of black men in the United States. Since there is no chance of him ever being prosecuted, why would he want to spend any more time of his few remaining years battling in court than he needs to?

sydney said...

Agree with Thorley Winston. At his age, why bother? Also, he seems a little cognitively impaired these days. His family probably feels it best to just shelter him from the storm.
I myself have trouble believing these accusations. I suspect he slept with a lot of women. Perhaps he even took advantage of them in some way, whether it be their star-struck impaired judgement or alcohol-impaired judgement. I doubt he drugged them, though. That part I suspect was made up by one accuser and then the rest of them jumped on the bandwagon. They probably believe it themselves now, since it provided them with a way to save face. Never underestimate the power of the mind to deceive itself.

Matthew Sablan said...

If anyone accused me of something so vile, I'd call them a liar.

Whether Cosby did what he's accused of or not, I have no way of knowing.

rhhardin said...

He's over 77 years old which about three years longer than the average lifespan of black men in the United States.

Your expected lifespan is a lot longer than 77 once you're 77.

Childhood and young adult risk has been elimated.

Bobby said...

Jupiter,

Women in the 30's and 40's further their careers by being drugged and raped?

I suspect Michael K is referring to the practice of what non-industry people refer to as "the casting couch"- specifically, the number of willing young starlets who were promised that sleeping with creepy old producer or director would get them the part, really wanted the part and proceeded to get drunk or stoned so that they'd have the liquid courage to sleep with a guy whose very appearance otherwise makes their skin crawl [Note that lots of people consult liquid courage to do things they want to do, but wouldn't otherwise do- for example, Denise Richards and Neve Campbell stated that they prepared for their legendary scene in "Wild Things" where they have sex with each other by proceeding to do several shots of tequila-- I cannot imagine a world where you would need even a shot of NyQuill to make out with Denise or Neve, but there you have it).

If my assumption is correct, Michael K is hypothesizing that perhaps one or more of the Cosby accusers willingly drank the drink or took the Spanish Fly or just plain had sex with Cosby because they wanted whatever part Cosby was going to deliver, and now that the practice has been exposed, are casting it in a different light. I don't think we could ever really know that. I will say, however, that the casting couch did not go out in the 30's or 40's- in fact it is still very much alive today and you would probably be shocked if you saw the A-List talent that have been propositioned to perform in order to get the role (for example, Gwyneth Paltrow- though she claims to have turned down the role). The late teen idol Corey Haim, never an A-Lister, of course, attributed his drug problems to coping with the gay sex that a director had required of him when he was still a young minor. That director, by the way, is still working in Hollywood.