Bill Cosby rape allegations

The Unethical Cosby Victim: Jewel Allison

/ Jack Marshall / 71 Comments

accuser

The thirty or so declared victims of sexual assault by Bill Cosby (sorry: when we get into double figures, “alleged” is misleading) have given various reasons for not reporting the crimes against them: fear of Cosby’s power, fear of retribution from the entertainment industry, fear of publicity, fear of not being believed, fear of humiliation. A recent addition to the list, however, has given an unequivocally unethical explanation for her 20 year silence in a Washington Post op-ed that has been called “courageous.” Jewell Allison’s confession is not courageous. It is disturbing and ominous. It shows what the trauma of the black experience in the United States has done to some African Americans, causing them to place group identification above reason, decency, good citizenship, compassion and common sense.

She writes:

“When I first heard Andrea Constand and Tamara Green publicly tell their stories about being drugged and assaulted by Cosby, I wasn’t relieved; I was terrified. I knew these women weren’t fabricating stories and conspiring to destroy America’s favorite dad, but I did not want to see yet another African American man vilified in the media. As I debated whether to come forward, I struggled with where my allegiances should lie – with the women who were sexually victimized or with black America, which had been systemically victimized.”

This makes no ethical sense or rational sense. Continue reading →

Ethics Quiz: Eddie Murphy’s Golden Rule Moment

/ Jack Marshall / 27 Comments
Wait..that's all?

Wait..that’s all?

As the long, live, “Saturday Night Live” 4oth anniversary show was being aired on NBC, twitter and various websites gave moment by moment accounts of what was occurring. Everyone was puzzled by the much-ballyhooed appearance of Eddie Murphy, who had a returning hero’s introduction, and was on screen for about a minute, never to return. Why didn’t Eddie do anything funny? Later we found out, though backstage revelations by SNL mediocrity Norm McDonald.

From “Rolling Stone”:

At the tail end of the “Celebrity Jeopardy” sketch – which reintroduced Darrell Hammond as Sean Connery, Will Ferrell as Alex Trebek and Macdonald as Burt Reynolds/Turd Ferguson – a Video Daily Double appeared in the Potent Potables category. Current SNL cast member Kenan Thompson played Bill Cosby revealing his cocktail recipe, a nod to the sweeping allegations against the comedian.

As Macdonald revealed on Twitter, that cameo was originally written for Murphy, who – after a few days of being pursued by Macdonald, Michaels and even director Brett Ratner (the latter serving as an intermediary for the comic) – decided not to appear in the sketch.

“Murphy knew the laughs would bring the house down. Eddie Murphy knows what will work on SNL better than anyone. Eddie decides the laughs are not worth it. He will not kick a man when he is down,” Macdonald wrote.

Your Ethics Alarms Ethics Quiz is…

Is Eddie Murphy an Ethics Hero?

Continue reading →

Are His Accusers’ Lawyers Blackmailing Poor Bill Cosby?

/ Jack Marshall / 6 Comments
Poor Bill!

Poor Bill!

From ABC, as the Bill Cosby horror continues:

The 77-year-old comedian filed a lawsuit today against Judy Huth, who claims Cosby forced her to perform a sex act in 1974 at the Playboy Mansion, when she was 15.

In documents obtained by ABC News, Cosby alleges that not only is Huth lying but that she filed the lawsuit after failing to extort money from him. Cosby is asking a judge to dismiss the lawsuit and is seeking monetary damages from Huth and her attorney.

In his filing today, Cosby says Huth’s lawyer approached the comedian’s attorney, Marty Singer, last month and made “ominous references” to ‘criminal penalties.'” According to the lawsuit, Huth’s lawyer demanded $100,000 for her silence, and later increased the amount to $250,000 as additional women came forward.

“Through her lawyer, Plaintiff made extortionate claims to Mr. Cosby (through his counsel) about criminal penalties, coupled with ever-increasing demands for a six-figure payday to keep quiet about her long-since-expired claims,” the documents state.

The suit claims that after Cosby’s attorney rejected Huth’s claims and accused her of extortion, her attorney filed a lawsuit two days ago against the comedian.

In relation to this development, my indispensable story scout, Fred, asks:

“The legal profession must have some ancient and passionately held standards for how to offer a confidential settlement without sliding into blackmail, which Cosby’s lawyers accuse the plaintiff of doing. How do those work, and which side’s lawyers (if either) are most likely to be acting ethically?”

The issue is pretty ancient, all right, but it’s also murky, and has become murkier with passing years. Once upon a time, the American Bar Association had an ethics rule that said, “A lawyer shall not present, participate in presenting, or threaten to present criminal charges solely to obtain an advantage in a civil matter.” Later the provision was dropped, on the theory that it was too vague and could constrain legitimate negotiation. Some jurisdictions, like the District of Columbia, New York and Connecticut, retained it, but they also emphasize the word “solely.” That means that a lawyer who says, “Pay my client $25,000 or we’ll get you charged for rape, and that will ruin you!” has probably breached the rule, while one who says, “Look, we want to handle this as quietly as possible, but if you won’t be fair, you’ll leave us no choice but to seek a criminal indictment. Just thought you should know” has tiptoed within the rule’s bounds. What’s the difference? Not much. Continue reading →