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Retired Judges: Cosby Should Get Probation

Comedian Bill Cosby faces as much as 30 years in prison – 10 years for each of the three counts of aggravated indecent assault a jury convicted him of.

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Bill Cosby faces up to 30 years in prison when he’s sentenced this month (Photo: Wiki Commons)

By Stacy M. Brown, NNPA Newswire Contributor

Comedian Bill Cosby faces as much as 30 years in prison – 10 years for each of the three counts of aggravated indecent assault a jury convicted him of.

The comedian and his legal teams have all been critical of Montgomery County Judge Steven T. O’Neill, but if O’Neill follows the guidelines that two retired judges have laid out to NNPA Newswire, Cosby might never see the inside of a prison cell.

“There’s a term called aged-out when you believe a person is much older, a senior citizen in his 80’s and handicapped and he’s basically aged-out in the sense that he probably won’t commit this crime again,” said retired Delaware Judge Robert Young.

“Of course, if the guy is 85, in a wheelchair and shoots people, the wheelchair won’t stop him from shooting folks again,” Young said.

Cosby turned 81 over the summer and is legally blind. He required the regular assistance of handlers and often during court proceedings when he wasn’t aware that no one was near him, Cosby was seen mistakenly conversing with a lawyer or assistant who had departed.

Young’s theory on aging out is not new.

Recently, a 76-year-old Lewiston man was reportedly charged with stabbing a woman to death. Albert Flick had a murder conviction and nearly 40-year pattern of attacking women, but Portland Superior Court Justice Robert E. Crowley disregarded arguments by Flick’s probation officer and a prosecutor who said Flick should serve an additional four to five years because his extremely violent behavior showed no signs of abating, court records show.

“At some point Mr. Flick is going to age out of his capacity to engage in this conduct and incarcerating him beyond the time that he ages out doesn’t seem to me to make good sense from a criminological or fiscal perspective,” Crowley said.

Further, a study published in the Journals of Gerontology: Series B in 2000 found that in Pennsylvania courts, offenders in their 60s were 25 percent less likely to be sentenced to prison than those who were in their 20s, and their sentences were eight months shorter on average.

Those who were in their 70s got an even sweeter deal — they were 30 percent less likely to end up behind bars than 20-somethings, and those who were incarcerated served 13 months less on average.

More recently, a study by Arizona State University researchers, published in 2014 in the journal Criminal Justice Studies, similarly found that in the federal court system, judges gave older offenders a “senior citizen discount” when it came to jail time.

Legal analyst Areva Martinsaid that O’Neill’s rulings so far suggest he will give Cosby a much-reduced sentence.

“I think the fact that the judge allowed him to walk out of that courtroom, did not remand him immediately to jail, gives us a sense about what this judge is likely to do when he gets to the sentencing hearing,” Martin said.

Judges can take any number of mitigating factors into consideration when issuing a sentence, she explained.

“He will be able to take into consideration Cosby’s age, the status of his health, the philanthropic work that he’s done over the last several decades, the fact that this is his first criminal conviction – all of those will be factors that the judge can take into consideration when sentencing him.”

Another judge – who retired from the bench in Pennsylvania – said O’Neill should either sentence Cosby to probation and community service and, or, allow the comedian to remain on house arrest while he goes through the appeals process.

“What’s the harm? He’s fulfilled all of his bail requirements with no issues and, for a high-profile person, that’s really good,” said one Pennsylvania judge who handled criminal cases for 37 years.

The judge spoke only on the condition of anonymity because he said he didn’t want O’Neill to believe he was attempting to instruct him.

In April, Cosby was convicted of aggravated indecent assault from an incident that occurred more than 14 years ago with former Temple University employee Andrea Constand.

Constand alleged that Cosby gave her pills – which court testimony revealed to be Benadryl tablets – and he proceeded to touch her under her pants.

Cosby has maintained that the touching was consensual and that while he fondled Constand, she was rubbing his penis.

O’Neill greatly limited the testimony of a key witness who once dated Constand. In sworn statements, the witness claimed that Constand’s mother put her up to going against Cosby because she despised homosexuals and African-Americans.

Constand reportedly has come out as gay and Cosby, of course, is Black.

“What they have done is disgraceful,” Robert Russell, the key witness, told YC News in Philadelphia.

“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. 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.”

Russell – who started to say he was “more than a close friend” of Constand’s before he was cut off by an objection – took the stand for a mere five minutes to testify that while he knew her in Canada in 2001, she was pursuing a career in broadcast journalism.

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

Constand allegedly had a brief relationship with NBA star Steve Nash, which was cut short after he was photographed with a Black woman that Constand’s mother referred to as a “bimbo” compared to her daughter.

“She 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,” Russell said, referring to Gianna Constand, the mother of Andrea. “It all goes back to her very first boyfriend. Her mother put all her hopes in Steve Nash — her mother was devastated when that photo came out with him and a black woman.” Russell said.

To which the retired Philadelphia judge said could be considered at sentencing.

“If [O’Neill] knows all of this, then that’s where fair play comes in and I agree, that the defendant should either be allowed to remain on house arrest while he appeals or be given a sentence of probation,” the judge said, before offering what he might consider.

“First, I’d probably have an in-[chambers] conference with the defendant, his attorneys and the prosecutors and I’d say, ‘Do you think you can come to an agreement on an appropriate sentence?’ Hopefully, they’d agree, otherwise, if the facts are correct, then I believe I’d be inclined to go with a no-jail sentence here,” the judge said.

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Black Press

Assemblymember LaShae Sharp-Collins’s Bill Would Pause Law Enforcement’s Use of Shock Gloves Pending Study

The device at the center of the debate is known as the G.L.O.V.E., an acronym for Generated Low Output Voltage Emitter. U.S. Immigration and Customs Enforcement awarded a $16.7 million contract for 6,000 pairs of the gloves, which are designed to deliver an electric shock through an officer’s hand.

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Asm. Dr. LaShae-Sharp Collins (D-San Diego). File photos by Antonio Ray Harvey. April, 29 2025.
Asm. Dr. LaShae-Sharp Collins (D-San Diego). File photos by Antonio Ray Harvey. April, 29 2025.

A bill temporarily prohibiting law enforcement agencies from using electric shock gloves in California is awaiting action by Gov. Gavin Newsom.

Assembly Bill (AB) 2760, authored by Assemblymember LaShae Sharp-Collins (D-San Diego), passed the Senate 29-9 on Aug. 31. The Assembly concurred in Senate amendments the same day on a 55-16 vote.

The bill would prohibit state, local and federal law enforcement agencies from using wearable electroshock devices in California until Jan. 1, 2030. It would also bar agencies from using state funds to purchase the devices and require them to update their use-of-force policies accordingly.

Traditional handheld devices, including tasers and stun guns, are exempt.

Newsom has until Sept. 30 to sign or veto the bill. If he takes no action, it will become law without his signature.

Sharp-Collins introduced the measure after reviewing information indicating that the devices could cause serious injury or death if used without adequate safeguards and training.

“AB 2760 draws a line that public safety technology must be proven safe and accountable before it is employed. Not after someone is killed or injured,” said Sharp-Collins, a member of the California Legislative Black Caucus (CLBC).

“Our commitment is to protect our communities, especially the most vulnerable. That is what AB 2760 is about and that is what AB 2760 will do,” Sharp-Collins told her colleagues.

The device at the center of the debate is known as the G.L.O.V.E., an acronym for Generated Low Output Voltage Emitter. U.S. Immigration and Customs Enforcement awarded a $16.7 million contract for 6,000 pairs of the gloves, which are designed to deliver an electric shock through an officer’s hand.

During the Assembly debate, Assemblymember Rhodesia Ransom (D-Stockton), also a CLBC member, thanked law enforcement representatives for helping negotiate amendments to the bill.

“This is something new to us (and) it’s something that absolutely should be studied,” Ransom said. “I appreciate law enforcement for agreeing to work with the legislature to figure out if this is an appropriate tool to be used.”

Neither the Los Angeles County Sheriff’s Department nor the Los Angeles Police Department has reported using electric shock gloves. However, the Santa Monica and El Monte police departments have obtained devices for testing.

The Sacramento County Sheriff’s Office purchased 10 shock gloves as part of a $35,000 acquisition that also included 10 remotely activated shock bands. Sheriff’s officials had been developing training and policies for the devices before AB 2760 advanced.

State Sen. Tony Strickland (R-Huntington Beach) opposed the legislation, arguing that it would unnecessarily force agencies to change their use-of-force policies and could compromise public safety.

“I don’t disagree with the author that the electric shocks are not a great option, but at the end of the day, I think it’s important to understand that we need to give law enforcement the tools they need to keep themselves safe and the community safe,” Strickland said.

Supporters countered that wearable electroshock devices have not been sufficiently studied and could pose particular risks to immigrants, children, older adults and other vulnerable groups.

“People who are Black or Brown could be test subjects for these gloves of torment,” Mark González (D-Los Angeles) said. “I appreciate law enforcement for agreeing to work with the legislature.”

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Black Press

Alameda County DA Ursula Jones Dickson Says Key to Optimal Use of DA’s Office Is Knowledge

Jones Dickson emphasized that each situation is “case-specific,” particularly when determining whether a matter is criminal or civil. She explained that significant documentation of criminal activity is generally necessary before the DA’s Office can intervene.

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Part 3

Alameda County District Attorney Ursula Jones Dickson wants the public she serves to know more about what office really does.

The key, she said, is education, helping residents understand how the office operates, what it can and cannot do, and how the public can work with the office to achieve the results they seek.

The DA’s powers and duties regarding the court system are limited, Jones Dickson explained, and that there is a process for determining when the office can become involved.

“When there’s a complaint of criminal abuse or exploitation, the DA’s office will investigate, but to trigger that investigation, a person must file a complaint first with the Police Department,” she said.

Most issues, however, remain within the court system. Within the Probate Court system, for instance, if fraud or neglect occurs, the matter will generally be referred to the appropriate agency.

Jones Dickson emphasized that each situation is “case-specific,” particularly when determining whether a matter is criminal or civil. She explained that significant documentation of criminal activity is generally necessary before the DA’s Office can intervene.

“That is where the jurisdiction starts,” Jones Dickson said. “If it’s exploitation, it begins with a police report. We only proceed when the evidence leans beyond reasonable doubt.”

The District Attorney’s Office has a Real Estate Fraud Unit as well as an Elder Abuse Unit. Jones Dickson acknowledged that the office has been addressing multiple real estate fraud cases since she took office in June.

“Cases receive priority and witness a lot more success when there’s documentation,” she said. “This is the message the DA’s Office is utilizing in their police training and consumer division. When we have the cooperation of the community, that makes us even more effective.”

When asked how the DA’s Office can assist people in probate who feel they have not received justice, Jones Dickson acknowledged that the office’s powers are limited because most conflicts must be resolved through the court system.

She noted that many probate-related referrals involving children come through Child Protective Services (CPS) or Dependency Court. When it comes to adults involved in the probate system, however, Jones Dickson emphasized the need for the public to take greater responsibility through advance planning and family communication.

“The truth is, especially in the Black community, we don’t like to think about death, much less talk about it,” she said. “I can’t stress enough how important that discussion is.

“Get that will and trust, then have that conversation with the family, exactly what your wishes are, and back it up with documentation. Hopefully that will help avoid the Probate Court altogether.”

If an issue involves an attorney, for example, a complaint may be made to the California State Bar. If it involves a judge, the matter may fall under the jurisdiction of the Commission on Judicial Performance.

Petitioning the appellate court is another option in certain circumstances, as the Court of Appeals provides a means of challenging a decision made by a lower court.

Jones Dickson said she wants the community to have a clear understanding of the DA’s role and the importance of communication between the office and the people it serves.

“I need the community to know what our job is,” she said. “Education is what we do, and when we’re supported through civil conversation, it makes communication more effective. We don’t get anywhere with mud-slinging. The DA’s Office focuses on what we are required to do, and that is to protect the community while we do the work.”

Jones Dickson also stressed the importance of recognizing the communities most affected by victimization and approaching those communities with understanding and sensitivity.

“That’s why it is so important that we acknowledge that most victimization occurs in the Black and Brown community and that we have to be especially sensitive as to how we address that community that is so deserving of our protection,” Jones Dickson said.

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Black Press

D.A. Ursula Jones Dickson: Terminix to Pay $3.15 Million Over Illegal Disposal of Pesticides, Customer Records

OAKLAND POST — District attorney investigators examining Terminix facilities throughout California between 2021 and 2024 found hundreds of pesticides and other hazardous-waste items that had allegedly been disposed of unlawfully, according to Jones Dickson’s office.

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Alameda County District Attorney Ursula Jones Dickson. File photo.
Alameda County District Attorney Ursula Jones Dickson. File photo.

Alameda County District Attorney Ursula Jones Dickson announced a $3.15 million settlement with Terminix International Inc. and Rentokil North America Inc. over allegations that the pest control companies illegally disposed of pesticides and hazardous waste and mishandled confidential customer records.

The settlement was reached by Jones Dickson, 28 other California district attorneys and the Los Angeles city attorney. The companies are collectively identified as Terminix in the settlement.

District attorney investigators examining Terminix facilities throughout California between 2021 and 2024 found hundreds of pesticides and other hazardous-waste items that had allegedly been disposed of unlawfully, according to Jones Dickson’s office.

The investigation also found instances in which Terminix allegedly failed to properly manage and dispose of private customer records, violating California laws intended to protect confidential consumer information.

Terminix cooperated with prosecutors after being notified of the alleged violations, the district attorney’s office said. As part of the settlement, the company agreed to strengthen its policies and procedures governing the handling and disposal of pesticides, hazardous materials and customer records.

The new requirements are intended to prevent prohibited waste from being placed in ordinary trash receptacles or sent to facilities not authorized to receive it. Terminix must also improve safeguards for confidential customer information before records are discarded.

Terminix operates five Alameda County locations under the Terminix and Western Exterminator Company names. The facilities are located in Hayward, Pleasanton and Union City.

Alameda County will receive $160,000 from the statewide settlement for civil penalties and reimbursement of investigative costs.

The agreement resolves the prosecutors’ claims against the companies and requires Terminix to maintain stronger waste-management and privacy protections at its California operations.

Jones Dickson announced the settlement Sept. 4.

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Black Press

California’s Legal Cannabis Market Hits $8 Billion as State Touts Progress on Fighting Drugs, Crime

OAKLAND POST — “We are building a legal cannabis market that generates billions for Californians, and going after the illicit operators who undermine it,” said Newsom. “That’s public safety: protect consumers, support the businesses playing by the rules, and put the revenue to work in our communities.”

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California’s legal cannabis market has generated nearly $8.4 billion in tax revenue since 2018 as the state ramps up enforcement against illegal drugs and touts declines in crime, Gov. Gavin Newsom announced on Sept. 2.

The cannabis revenue includes nearly $4.5 billion in excise taxes and nearly $3.4 billion in sales taxes. In the second quarter of 2026 alone, cannabis retailers remitted $261.7 million in cannabis excise and sales tax revenue.

The state uses cannabis revenue to support programs including childcare and early childhood development, youth substance abuse prevention, medical research and environmental recovery.

“We are building a legal cannabis market that generates billions for Californians, and going after the illicit operators who undermine it,” said Newsom. “That’s public safety: protect consumers, support the businesses playing by the rules, and put the revenue to work in our communities.”

California is also targeting illegal intoxicating products outside the regulated cannabis market. State officials have removed more than 15,000 illegal hemp, kratom, and 7-hydroxymitragynine, or 7-OH, products from store shelves.

The enforcement effort resulted in the removal of 7,403 illegal hemp products and 7,888 kratom and 7-OH products. Officials reported compliance rates above 97% among Alcoholic Beverage Control licensees inspected for both categories.

The state has warned that kratom and 7-OH products have been linked to addiction, overdose and other serious health risks.

California is also using its law enforcement resources to target violent crime, drug trafficking and other criminal activity. Since 2023, CHP Crime Suppression Teams have made 15,197 arrests, recovered 7,042 stolen vehicles and seized 656 illicit firearms.

Since the teams expanded to six regions statewide in August 2025, they have also confiscated nearly 1.7 million grams of illegal drugs, including about 108 kilograms of fentanyl.

“Over the past few years, our Crime Suppression Teams have demonstrated the value of proactive, intelligence-driven enforcement,” CHP Commissioner Sean Duryee said.

The Newsom administration says the efforts are part of a broader public safety strategy that combines regulation, enforcement, prevention and partnerships with local agencies.

California has also reported declines in major crime categories since 2024, including an 18.6% drop in homicides and a 25.8% decline in motor vehicle theft.

California officials say the combination of a regulated cannabis market, targeted enforcement and state-local law enforcement partnerships is helping protect consumers, disrupt illicit drug activity and improve public safety across the state.

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Black History

Henry O. Flipper: A Trailblazer at West Point and Beyond

OAKLAND POST — Flipper’s promising military career ended abruptly in 1881 when he was accused of embezzling commissary funds. A court-martial acquitted him of embezzlement, but convicted him of conduct unbecoming of an officer. The Army dismissed him in 1882. The circumstances surrounding his punishment would later be widely regarded as unjust and influenced by the racial discrimination of the period.

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Henry Ossian Flipper. Public Domain.
Henry Ossian Flipper. Public Domain.

Henry Ossian Flipper’s life is a remarkable story of insistence, achievement, injustice, and ultimately vindication. Born enslaved on March 21, 1856, in Thomasville, Georgia, Flipper rose from the restrictions of slavery to become the first African American to graduate from the United States Military Academy at West Point. His accomplishments extended far beyond military service; he later became a respected engineer, surveyor, author, translator, and government official.

After the Civil War, Flipper’s family settled in Atlanta, where education became central to his future. He attended schools established for African American children by the American Missionary Association and later studied at Atlanta University. In 1873, Congressman James C. Freeman of Georgia nominated Flipper for admission to West Point. He entered the academy that July.

Flipper’s four years at West Point were extremely difficult. Because of racism, he experienced harassment and almost complete social isolation from many of his fellow cadets. Nevertheless, he succeeded academically and graduated on June 14, 1877, ranking 50th in a class of 76. His graduation represented a historic breakthrough for African Americans in the United States military.

Commissioned as a second lieutenant, Flipper was assigned to the 10th U.S. Cavalry, one of the famed African American regiments known as the Buffalo Soldiers. At Fort Sill in Indian Territory, now Oklahoma, Flipper served as an engineer, surveyor, construction supervisor, quartermaster, and commissary officer. One of his most lasting engineering accomplishments was a drainage system that eliminated pools of stagnant water around the fort and helped reduce mosquito-breeding areas. The system became known as “Flipper’s Ditch,” and portions of it remain associated with Fort Sill today.

Flipper’s promising military career ended abruptly in 1881 when he was accused of embezzling commissary funds. A court-martial acquitted him of embezzlement, but convicted him of conduct unbecoming of an officer. The Army dismissed him in 1882. The circumstances surrounding his punishment would later be widely regarded as unjust and influenced by the racial discrimination of the period.

Rather than allowing his dismissal to define his life, Flipper built an extraordinary civilian career. He became a civil and mining engineer and surveyor, working extensively throughout the American Southwest and Mexico. He established an engineering office in Nogales, Arizona, became knowledgeable about Spanish and Mexican land law, and later worked for the federal government, including service connected with the Department of Justice and the Department of the Interior.

Flipper died in Atlanta in 1940, but efforts to restore his reputation continued for decades. In 1976, the Army changed his dismissal to an honorable discharge. Then, on February 19, 1999, President Bill Clinton granted Flipper a posthumous presidential pardon.

Today, Henry Ossian Flipper is remembered because his life helped open doors for generations of African American military officers, engineers, and public servants who followed him.

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Black Press

Alameda County DA Sees Gun Violence Greatest Threat to Black Community

OAKLAND POST — “One person can affect policy that changes the office,” Jones Dickson said. For her, one of the most urgent priorities is gun violence, an issue she says has deeply affected Black communities for generations. “Gun violence has always been a (concern) in the Black community,” she said. “We all have a visceral reaction to a helicopter because it often means there has been a chase or gun violence.”

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Victims’ rights are also a priority for Ursula Jones Dickson

“I don’t like it when people say ‘my office.’ It doesn’t belong to me. It belongs to the people.”

That philosophy is at the heart of Ursula Jones Dickson’s approach to leading the Alameda County District Attorney’s Office. Asked whether one person can rebuild an office that has experienced years of change, disruption and a massive backlog of cases, she said the answer is ‘yes,’ but only with time, focus and a willingness to change priorities.

“One person can affect policy that changes the office,” Jones Dickson said.

For her, one of the most urgent priorities is gun violence, an issue she says has deeply affected Black communities for generations.

“Gun violence has always been a concern in the Black community,” she said. “We all have a visceral reaction to a helicopter because it often means there has been a chase or gun violence.”

Jones Dickson said gun violence is personal to her because it has hurt both her and her community. “I take it personally,” she said.

She worries that America, and particularly its young people, are becoming desensitized to violence. School shootings and repeated lockdowns are leaving children with experiences previous generations never imagined.

“We can’t act like this isn’t affecting our children,” she said. “When schools become places where shootings take place, they are affected in a different way.”

She believes the community has become dangerously accustomed to guns and violence.

“We have to stop normalizing guns,” she said. “We have so many guns and so many people with guns.”

Perhaps one of the most disturbing changes she sees is the way ordinary disagreements can now become deadly.

“Nobody fights anymore,” she said. “They kill.”

Jones Dickson said the question communities must ask themselves is: “When gun violence becomes a part of the community, how many vigils and how many marches can we stand?”

At the same time, she is determined that victims’ voices will not be lost in the criminal justice system.

“I sit with victims on a regular basis,” she said. “There isn’t a week that goes by that I don’t sit down with a victim’s family and hear them ask why a case has not been charged.”

Victims often need far more than updates about a court case. They need assistance navigating the criminal justice system, counseling, burial assistance and, sometimes, simply someone to sit with them during one of the most painful moments of their lives.

“Victims’ rights have been pushed aside,” Jones Dickson said. “What I want to leave to this office is that victims’ voices will be heard. I don’t care whose toes I step on. Victims will be heard.”

The challenge, however, is enormous. Her legacy is to help victims feel seen and protected.

The office is working through a significant backlog of serious cases while trying to rebuild an experienced, well-trained staff. Jones Dickson said years of disruption, including the impact of COVID and frequent leadership changes, left attorneys needing additional training and contributed to delays.

“There have been three district attorneys in four years,” she said. “Every district attorney wants to build their own culture.”

Her goal is to create a stable office with skilled prosecutors who understand their responsibilities and can move cases through the courts. She emphasized that the work is not simply about winning cases.

“It is our job to prove a case beyond a reasonable doubt,” she said. “Just because law enforcement brings us a case doesn’t mean we can prove it.”

Jones Dickson also believes rebuilding public safety requires rebuilding relationships between law enforcement and the community.

Residents have told her they sometimes see police cars drive through their neighborhoods without officers getting out and speaking to residents.

“When police are in neighborhoods and stop and talk to kids, there is a connection,” she said. “We need more community-based relationships.”

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