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COMMENTARY: One Year Later Experts Still Concerned Bill Cosby Didn’t Receive Fair Trial

NNPA NEWSWIRE — “Specifically, the trial court abused its discretion, erred and materially infringed on Cosby’s constitutional rights to Due Process of Law under the Constitution of the United States. The judge should not have allowed the admittance of five prior ‘bad act witnesses,’” said attorney David Reischer, CEO of LegalAdvice.com. “The witnesses’ allegations were too far remote in time and too dissimilar to the Plaintiff’s allegations.”

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By Stacy M. Brown, NNPA Newswire Correspondent
@StacyBrownMedia

One year after Bill Cosby’s conviction on three counts of aggravated indecent assault, experts said Cosby didn’t get a fair trial for various reasons, including the #MeToo movement, the media, an unfair judge and racism.

“Dr. Bill Cosby did not receive a fair trial. It was he-said-she-said and even much of what the women said, other people contradicted,” said Oxford alum Jonathan Farley.

While the verdict against Cosby was heralded as a great milestone in justice for women accusers, law experts say they’re baffled by the conviction and even more concerned with how the case was tried.

“Judge Steven O’Neill rigged the trial to ensure that Cosby would be convicted,” said International Rights Attorney John Davis.

The trial was a “terrific example of the travesty of justice in the American courtroom for sex assault trials,” said Paul Saputo, of the Saputo Law Firm in Dallas, Texas.

“As has happened throughout American history, popular culture weighs heavily on criminal justice and I obviously don’t know whether or not Cosby is guilty of what he’s accused of, but when the justice system sacrifices fairness in procedure to tilt the scales, we have a major problem,” Saputo said.

Not only did Cosby’s accuser receive a large amount of support from the government and press, Cosby became a victim of the mass media and popular culture who won’t give him a second thought, Saputo added.

Experts said there were multiple mis-steps by the judge in the case, including allowing the use of Cosby’s infamous 2006 civil deposition.

“The alleged deposition transcript does not show Cosby drugged women without their knowledge in order to incapacitate them so that he could rape them,” said Farley. “But a juror admitted that he voted to convict Cosby based on this false belief.”

Davis added that if Castor hadn’t promised Cosby that the deposition could never be used against him, Cosby could, and likely would, have exercised his Fifth Amendment right to remain silent.

“Years later, a new trophy hunting District Attorney decided to violate the promises of the prosecutor’s office and filed charges against Cosby,” Davis said.

Castor testified during a preliminary hearing in the Cosby case that he did indeed have what he called a binding agreement with Cosby and that the deposition should not be used.

The new DA, Kevin Steele, argued that portions of it that are damaging to Cosby should be used.

O’Neill sided with Steele.

“That is tantamount to the judge ensuring a conviction by sneaking evidence in the back door that suggests Cosby is a bad man who has sex outside of marriage and who does drugs and provides drugs to women who are having a relationship with him,” Davis argued.

“Cosby never said in his deposition that he gave them drugs so that they would be unconscious so that he could rape them. This is a pure lie and fraud committed by the mass media,” he said.

After O’Neill refused to allow him to provide crucial testimony in Cosby’s defense, Robert Russell, a close friend of the Constand family, told Philadelphia’s YC News that Cosby accuser Andrea Constand and her mother pressed charges because of vindictiveness, racism and homophobia. “What they have done is disgraceful,” Russell said.

“I’ll never forget when she told me she’d like to see all niggers gathered together and killed. That is genocide. She spoke like Adolf Hitler,” Russell said. “I realized what I was getting involved in and got out of it like a bat out of hell. That family was dark and I don’t want anything to do with them,” he said.

Lead attorney Tom Mesereau said his team had unearthed Russell, an old friend of Constand, to bring “out the ghosts in Andrea and her mother, Gianna Constand’s past.”

Yet O’Neill blocked the lawyers from introducing the tales of drug use, greed and racism that included a deep hatred for African-Americans – a hatred so deep and dark he claimed Gianna Constand wanted to “see all niggers gathered together and killed.”

O’Neill sided with prosecutors who contended that Russell’s testimony would taint the jurors perspective on who the Constand’s were so much that it could poison their minds and likely change the outcome.

“She despised black people — she didn’t want any black men or women in her house,” Russell said.

“The prosecution entrusted this case on a family, who made it clear they ‘despised black men’ and ‘wanted revenge on black people’ after their daughter lost her boyfriend to a black woman. She didn’t like that,” Russel said, referring to Gianna Constand.

He continued:

“She [Andrea] would do anything to please her parents.”

Constand allegedly had a brief relationship with NBA star Steve Nash which was cut short after he was photographed with a black woman, who Andrea’s mother referred to as a ‘bimbo’ compared to her daughter.

“You have a lying mother, the personification of evil who likely urged her daughter to file charges after her parents saw Andrea gained nothing out of the relationship with Bill Cosby.” Russell said.

“[Gianna] said if she ever saw her daughter in an interracial relationship she would stop her and if she couldn’t, she’d make something up,” he said. “It all goes back to her very first boyfriend. Her mother put all her hopes in Nash — her mother was devastated when that photo came out with him and a black woman,” Russell said.

Still, the defense’s strongest argument on appeal is the judge’s erroneous decision to allow five additional women to testify against Cosby, said attorney David Reischer, CEO of LegalAdvice.com.

“Specifically, the trial court abused its discretion, erred and materially infringed on Cosby’s constitutional rights to Due Process of Law under the Constitution of the United States. The judge should not have allowed the admittance of five prior ‘bad act witnesses,’” Reischer said. “The witnesses’ allegations were too far remote in time and too dissimilar to the Plaintiff’s allegations.”

As Cosby sits in prison pending appeal, unanswered questions remain.

“How come the only person in jail through the #MeToo movement is a black man? And it seems that the next possible conviction will be R. Kelly, another black man,” said Beth Logan, a Massachusetts-based certified IRS Tax Agent.

“Maybe I am wrong about the ‘only’ person, there might be one or two others,” Logan said. “But seriously, where is Harvey W, Matt Lauer, and others. Maybe they are out of work, but I find it amazing that jail is only for black people and no, I am not black, but I’m still concerned about the difference,” she said.

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Reading and Moving: Great Ways to Help Children Grow

NNPA NEWSWIRE — In these formative years, your little one will learn to walk, learn how to grab and hold items, begin building their muscle strength, and more. Here are some ways to facilitate positive motor development at home:

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Council for Professional Recognition

Before a child even steps into a classroom or childcare center, their first life lessons occur within the walls of their home. During their formative years, from birth to age five, children undergo significant cognitive, motor, and behavioral development. As their primary guides and first teachers, parents, and guardians play a pivotal role in fostering these crucial aspects of growth.

The Council for Professional Recognition, a nonprofit, is dedicated to supporting parents and families in navigating questions about childcare and education training. In keeping with its goal of meeting the growing need for qualified early childcare and education staff, the Council administers the Child Development Associate (CDA). The CDA program is designed to assess and credential early childhood education professionals. This work gives the Council great insights into child development.

Cognitive Development: Building the Foundation of Learning

Cognitive development lays the groundwork for a child’s ability to learn, think, reason, and solve problems.

  • Read Together: One of the most powerful tools for cognitive development is reading. It introduces children to language, expands their vocabulary, and sparks imagination. Make reading a daily ritual by choosing age-appropriate books that capture their interest.
  • Play Together: Play is a child’s entry to the physical, social, and affective worlds. It’s a critical and necessary tool in the positive cognitive development of young children and is directly linked to long-term academic success.
  • Dance and Sing Together: These types of activities help young children develop spatial awareness and lead to improved communication skills. As a bonus, it’s also helpful for improving gross motor skills.
  • Invite your Child to Help you in the Kitchen: It’s a fun activity to do together and helps establish a basic understanding of math and lifelong healthy eating practices.
  • Encourage Questions: As children find their voice, they also find their curiosity for the world around them; persuade them to ask questions and then patiently provide answers.

Motor Development: Mastering Movement Skills

Motor development involves the refinement of both gross and fine motor skills, which are essential for physical coordination and independence. In these formative years, your little one will learn to walk, learn how to grab and hold items, begin building their muscle strength, and more. Here are some ways to facilitate positive motor development at home:

  • Tummy Time: Starting from infancy, incorporate daily tummy time sessions to strengthen neck and upper body muscles, promoting eventual crawling and walking. You can elevate the tummy time experience by:
    • Giving children lots of open-ended toys to explore like nesting bowls, a pail and shovel, building blocks, wooden animals, and people figures.
    • Hanging artwork on the wall that appeals to infants, including bold colors, clear designs, and art from various cultures.
    • Providing mobiles that children can move safely and observe shapes and colors.
  • Outdoor Play: Provide opportunities for outdoor play, whether it’s at a park, playground, or in a backyard. Activities such as running, jumping, climbing, and swinging enhance gross motor skills while allowing children to connect with nature. Also, try gardening together! Not only does gardening promote motor skill development, but it offers many other benefits for young children including stress management, cognitive and emotional development, sensory development, and increased interest in math, sciences, and healthy eating.
  • Fine Motor Activities: Fine motor skills relate to movement of the hands and upper body, as well as vision. Activities that encourage hand-eye coordination and fine motor skill development include:
    • Drawing and coloring
    • Doing puzzles, with size and piece amounts dependent on the age of the child
    • Dropping items or threading age-appropriate beads on strings
    • Stacking toys
    • Shaking maracas
    • Using age-appropriate, blunt scissors
    • Playing with puppets or playdough

This is the type of knowledge that early childhood educators who’ve earned a Child Development Associate credential exhibit as they foster the social, emotional, physical, and cognitive growth of young children.

Supporting Early Childhood Educators

Recently, a decision in Delaware has helped early childhood professionals further their efforts to apply this type of knowledge. Delaware State University, Delaware Technical Community College, and Wilmington University have signed agreements to award 12 credits for current and incoming students who hold the Child Development Associate credential.

Delaware Governor John Carney said, “I applaud the Department of Education and our higher education partners for this agreement, which will support our early childhood educators. Research shows how important early childhood education is to a child’s future success. This new agreement will help individuals earn their degrees and more quickly get into classrooms to do the important work of teaching our youngest learners in Delaware.”

Council for Professional Recognition CEO Calvin E. Moore, Jr., said his organization is honored to be a part of this partnership.

“Delaware and the work of these institutions is a model that other states should look to. This initiative strengthens the early childhood education workforce by accelerating the graduation of more credentialed educators, addressing the critical need for qualified educators in early childhood education. We have already seen the impact the work of the Early Childhood Innovation Center has brought to the children of Delaware.”

 

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Student Loan Debt Drops $10 Billion Due to Biden Administration Forgiveness

NNPA NEWSWIRE — The Center for American Progress estimates the interest waiver provisions would deliver relief to roughly 6 million Black borrowers, or 23 percent of the estimated number of borrowers receiving relief, as well as 4 million Hispanic or Latino borrowers (16 percent) and 13.5 million white borrowers (53 percent).

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New Education Department Rules hold hope for 30 million more borrowers

By Charlene Crowell, The Center for Responsible Lending

As consumers struggle to cope with mounting debt, a new economic report from the Federal Reserve Bank of New York includes an unprecedented glimmer of hope. Although debt for mortgages, credit cards, auto loans and more increased by billions of dollars in the second quarter of 2024, student loan debt decreased by $10 billion.

According to the New York Fed, borrowers ages 40-49 and ages 18-29 benefitted the most from the reduction in student loan debt.

In a separate and recent independent finding, 57 percent of Black Americans hold more than $25,000 in student loan debt compared to 47 percent of Americans overall, according to The Motley Fool’s analysis of student debt by geography, age and race. Black women have an average of $41,466 in undergraduate student loan debt one year after graduation, more than any other group and $10,000 more than men.

This same analysis found that Washington, DC residents carried the highest average federal student loan debt balance, with $54,146 outstanding per borrower. Americans holding high levels of student debt lived in many of the nation’s most populous states – including California, Texas, and Florida.

The Fed’s recent finding may be connected to actions taken by the Biden administration to rein in unsustainable debt held by people who sought higher education as a way to secure a better quality of life. This decline is even more noteworthy in light of a series of legal roadblocks to loan forgiveness. In response to these legal challenges, the Education Department on August 1 began emailing all borrowers of an approaching August 30 deadline to contact their loan servicer to decline future financial relief. Borrowers preferring to be considered for future relief proposed by pending departmental regulations should not respond.

If approved as drafted, the new rules would benefit over 30 million borrowers, including those who have already been approved for debt cancellation over the past three years.

“These latest steps will mark the next milestone in our efforts to help millions of borrowers who’ve been buried under a mountain of student loan interest, or who took on debt to pay for college programs that left them worse off financially, those who have been paying their loans for twenty or more years, and many others,” said U.S. Secretary of Education Miguel Cardona.

The draft rules would benefit borrowers with either partial or full forgiveness in the following categories:

  • Borrowers who owe more now than they did at the start of repayment. This category is expected to largely benefit nearly 23 million borrowers, the majority of whom are Pell Grant recipients.
  • Borrowers who have been in repayment for decades. Borrowers of both undergraduate and graduate loans who began repayment on or before July 1, 2000 would qualify for relief in this category.
  • Borrowers who are otherwise eligible for loan forgiveness but have not yet applied. If a borrower hasn’t successfully enrolled in an income-driven repayment (IDR) plan but would be eligible for immediate forgiveness, they would be eligible for relief. Borrowers who would be eligible for closed school discharge or other types of forgiveness opportunities but haven’t successfully applied would also be eligible for this relief.
  • Borrowers who enrolled in low-financial value programs. If a borrower attended an institution that failed to provide sufficient financial value, or that failed one of the Department’s accountability standards for institutions, those borrowers would also be eligible for debt relief.

Most importantly, if the rules become approved as drafted, no related application or actions would be required from eligible borrowers — so long as they did not opt out of the relief by the August 30 deadline.

“The regulations would deliver on unfulfilled promises made by the federal government to student loan borrowers over decades and offer remedies for a dysfunctional system that has often created a financial burden, rather than economic mobility, for student borrowers pursuing a better future,” stated the Center for American Progress in an August 7 web article. “Meanwhile, the Biden-Harris administration also introduced income limits and caps on relief to ensure the borrowers who can afford to pay the full amount of their debts do so.”

“The Center for American Progress estimates the interest waiver provisions would deliver relief to roughly 6 million Black borrowers, or 23 percent of the estimated number of borrowers receiving relief, as well as 4 million Hispanic or Latino borrowers (16 percent) and 13.5 million white borrowers (53 percent).”

These pending regulations would further expand the $168.5 billion in financial relief that the Biden Administration has already provided to borrowers:

  • $69.2 billion for 946,000 borrowers through fixes to Public Service Loan Forgiveness (PSLF).
  • $51 billion for more than 1 million borrowers through administrative adjustments to IDR payment counts. These adjustments have brought borrowers closer to forgiveness and addressed longstanding concerns with the misuse of forbearance by loan servicers.
  • $28.7 billion for more than 1.6 million borrowers who were cheated by their schools, saw their institutions precipitously close, or are covered by related court settlements.
  • $14.1 billion for more than 548,000 borrowers with a total and permanent disability.
  • $5.5 billion for 414,000 borrowers through the SAVE Plan.

More information for borrowers about this debt relief is available at StudentAid.gov/debt-relief.

Charlene Crowell is a senior fellow with the Center for Responsible Lending. She can be reached at Charlene.crowell@responsiblelending.org.  

Charlene Crowell NNPA Newswire Columnist

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Congressional Black Caucus Releases Groundbreaking Corporate Accountability Report on DEI

NNPA NEWSWIRE — Most Fortune 500 companies participating in the CBC’s survey demonstrated their commitment to DEI even after the Supreme Court’s ruling. CBC members said this is crucial because conservative organizations, such as Stephen Miller-led America First Legal, are increasingly waging legal and political attacks against corporations’ diversity initiatives. These groups argue that DEI initiatives violate federal law, threatening legal action against companies that continue to promote workplace diversity.

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By Stacy M. Brown, NNPA Newswire Senior National Correspondent
@StacyBrownMedia

Congressional Black Caucus (CBC) Chairman Steven Horsford (NV-04) and CBC members have released a first-of-its-kind report titled “What Good Looks Like: A Corporate Accountability Report on Diversity, Equity, and Inclusion.” The report aims to hold Fortune 500 companies accountable for their commitments to diversity, equity, and inclusion (DEI) in the wake of George Floyd’s murder and the racial justice movement that followed. This initiative comes as corporate America faces renewed scrutiny following the Supreme Court’s decision to overturn affirmative action in the Students for Fair Admissions v. Harvard case.

The CBC’s report highlights which corporations are making tangible progress in advancing DEI and offers a roadmap for other companies to follow. Despite efforts from right-wing groups to dismantle diversity initiatives, the report finds that many Fortune 500 companies are standing firm in their commitments. The report also examines DEI practices in manufacturing, finance, insurance, and technology sectors, providing industry-specific insights.

Most Fortune 500 companies participating in the CBC’s survey demonstrated their commitment to DEI even after the Supreme Court’s ruling. CBC members said this is crucial because conservative organizations, such as Stephen Miller-led America First Legal, are increasingly waging legal and political attacks against corporations’ diversity initiatives. These groups argue that DEI initiatives violate federal law, threatening legal action against companies that continue to promote workplace diversity.

The Findings

The CBC’s report offers a detailed analysis of diversity efforts across various industries, using data from the Global Industry Classification Standard (GICS) and the North American Industry Classification System (NAICS). Key findings include:

  • Sector Representation: The bulk of the responses came from companies in manufacturing (31%), finance and insurance (25%), and information (16%).
  • Best Practices: The report identifies 12 best practices, including leadership accountability, data disaggregation, talent retention, and pay equity. These examples provide a model for other companies to implement DEI strategies effectively.
  • Progress and Challenges: While many companies have made significant strides, persistent gaps remain, particularly in leadership diversity and retention rates. The report encourages corporations to move beyond public statements and implement measurable DEI outcomes.

The CBC hopes the report will serve as a tool for corporations to benchmark their progress and adopt more robust DEI measures. “What Good Looks Like” outlines not only where companies are succeeding but also where opportunities for improvement lie, urging corporate leaders to align their actions with their stated DEI values.

Conservative Backlash and the Fight for DEI

Officials said the CBC’s efforts to hold corporations accountable come amid heightened political tensions. Since the Supreme Court’s ruling, Donald Trump and his supporters have escalated their attacks on DEI programs. Right-wing legal campaigns have targeted not only corporate diversity efforts but also federal programs aimed at leveling the playing field for Black and minority-owned businesses.

Conservative attorneys general from over a dozen states have warned Fortune 500 companies, threatening legal action over their diversity programs. Additionally, anti-DEI bills have been introduced in more than 30 states, aiming to restrict diversity efforts in college admissions and the workplace.

Despite the attacks, the CBC said it remains steadfast in its commitment to advancing racial and economic equity. In December 2023, the CBC sent Fortune 500 companies an accountability letter urging them to uphold their DEI commitments in the face of political pressure, which catalyzed the report.

Corporate America’s response has been overwhelmingly positive. Since the CBC’s letter, companies have held over 50 meetings with CBC representatives, affirming their dedication to diversity. The CBC has also convened discussions with industry trade associations and hosted a briefing with more than 300 Fortune 500 company representatives to strengthen collaboration on DEI efforts.

Moving Forward

The CBC’s report is not just a reflection on past efforts but a call to action for the future. It highlights the importance of cross-industry learning, encouraging companies to share best practices and build upon one another’s successes. The CBC also recommends that corporations adopt consistent performance metrics to track progress and foster accountability.

Looking ahead, the CBC plans to push for more economic opportunities for Black Americans, focusing on closing the racial wealth gap. Horsford emphasized that DEI is not only a moral imperative but also an economic one. Research from McKinsey & Company shows that racially diverse companies outperform their peers by 39% in profitability, further underscoring the business case for diversity.

The CBC’s report offers a roadmap for companies committed to fostering a more inclusive and equitable future despite political and legal challenges.

“Following the murder of George Floyd on May 25, 2020, we witnessed a nationwide response calling for long-overdue justice and accountability,” Horsford wrote in the report. “Millions of Americans flooded the streets in protest to advocate for an end to the cycles of violence against Black Americans that are perpetuated by systemic racism ingrained deeply in the United States.

“Now, in order to move forward and achieve the goals of these commitments, we must evaluate where we are and stay the course. We cannot allow a handful of right-wing agitators to bully corporations away from their promises.”

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