“The question presented to the Court is: ‘Where a prosecutor publicly announces that he will not file criminal charges based on lack of evidence, does the Due Process Clause of the Fourteenth Amendment transform that announcement into a binding promise that no charges will ever be filed, a promise that the target may rely on as if it were a grant of immunity?’ ” the release states.
As the decision stands now, it could have “far-reaching negative consequences” across the country, District Attorney Kevin Steele said in a statement.
“Petitioning to ask the High Court for review was the right thing to do because of the precedent set in this case by the majority opinion of Pennsylvania Supreme Court that prosecutors’ statements in press releases now seemingly create immunity,” Steele said. “The U.S. Supreme Court can right what we believe is a grievous wrong.”
Cosby spokesman Andrew Wyatt lambasted the appeal, saying that the district attorney’s office is “unwilling to accept its epic loss.”
“There is no merit to the DA’s request which centers on the unique facts of the Cosby case and has no impact on important federal questions of law,” Wyatt said. “This is a pathetic last-ditch effort that will not prevail. The Montgomery’s County’s DA’s fixation with Mr. Cosby is troubling to say the least.”
The petition has not yet been officially received by the US Supreme Court.
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