Last week, former actor Bill Cosby was released from prison on a technicality, despite the fact that he admitted to drugging and assaulting multiple women, and was accused by many others. After his release, legal experts warned that the ruling could set a dangerous precedent that attorneys in similar cases would use to get their clients released as well.
Now, just a week later, Ghislaine Maxwell’s lawyers are arguing that she should have her case thrown out on the same grounds, according to The Guardian.
Cosby was released because the prosecutor involved initially didn’t press any charges, and claimed that Cosby would not be facing any legal trouble, so when Cosby later confessed, his confession was called into question and no longer admissible in court. The judge also ruled that Cosby had no chance of a fair trial because evidence that was not admissible was so freely available in the media that the jury was unable to make a judgment without considering those facts.
Maxwell’s case is similar because the first time that Epstein was arrested for human trafficking, he was given a sweetheart deal by Alex Acosta, a friendly prosecutor. The deal helped Epstein avoid any serious jail time, but it also gave him and his associates legal protection from being held accountable for any future crimes.
Obviously, it is not possible to shield a criminal from the consequences of actions that they will take in the future, so Epstein was arrested again many years later after it was discovered that he continued his crimes long after his initial arrest. If Epstein and his friends did have any kind of immunity from that deal, it ended when they continued to commit crimes after the deal was made.
Still, Maxwell’s lawyers are optimistic after Cosby’s recent release.
“The government is trying to renege on its agreement and prosecute Ms Maxwell over 25 years later for the exact same offenses for which she was granted immunity,” Maxwell’s lawyers wrote in a statement to Judge Alison Nathan.
However, the judge has previously ruled that the deal did not apply to the current case.
In an opinion piece for the New York Daily News, Maxwell’s attorney David Oscar Markus wrote that releasing Bill Cosby from prison was the right decision, and that Ghislaine Maxwell should be released as well. Markus argued that prosecutors should have to keep the promises that they make to suspects, because people will sometimes incriminate themselves if they think they have immunity.
However, many times prosecutors are corrupt and make promises that are against the best interests of the public, as we saw in Jeffrey Epstein’s first “sweetheart deal” with Alex Acosta while he was district attorney in Southern, Florida. Prosecutors are lawyers, they aren’t the judge and jury, and they shouldn’t hold this much power in a case this serious.
Judge Alison Nathan has not yet responded to the recent request, but she did condemn the recent opinion piece that was published by her lawyers in the New York Daily News earlier this week.