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Bill Cosby is a free man, released after his guilty verdict was thrown out. Prosecutors, however, want the comedian’s conviction reinstated and are asking the Supreme Court to review a lower court’s ruling.

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Cosby was found guilty in 2018 of drugging and sexually assaulting Andrea Constand in 2004. He was jailed for three years but was released from prison after the Pennsylvania Supreme Court threw out the verdict, saying that an agreement he had made years before his trial gave him lifetime immunity, The Associated Press reported.

Cosby’s lawyers said their client believed a promise that he would not face charges when he testified during a civil case. That testimony ended up being used in two criminal trials.

The only documentation of the apparent agreement was a news release from 2005 where the prosecutor at the time, Bruce Castor, said he did not have enough evidence to charge Cosby, the AP reported.

The release had a caution that Castor would reconsider the agreement if needed.

Cosby was arrested in 2015 after new evidence came to light, and those who prosecuted Cosby did not believe that an agreement was made.

In Montgomery County, Pennsylvania, District Attorney Kevin Steele filed the petition with the U.S. Supreme Court last week. Four of the nine justices would have to agree to hear the case. The high court accepts fewer than 1% of case petitions it receives. A decision on whether the court will consider the case will not be released for months, the AP reported.