Bill Cosby’s attorneys have filed an appeal to the judge who sentenced him. The allege discretion with the judge, and seek the sentence vacated.
Bill Cosby has recently filed a petition to the judge that sentenced him requesting a reduction of his sentence. As we know, Cosby was charged with sexual assault. He appealed to the judge to reduce his 10-year sentence or grant him a new hearing.
Recap of Why Bill Cosby is Incarcerated
Bill Cosby was charged with the sexual assault of Andrea Constand. Constand visited him in his home in January 2004. He drugged her and sexually assaulted her.
He was sentenced to 3-10 years. Cosby is being housed at the State Correctional Institution at Phoenix located in the Skippack Township.
Bill Cosby’s Appeal to the Judge
Cosby appealed to his sentencing through his lawyers, P. Green Jr. and Peter Goldberger. His lawyers submitted his appeal at the Montgomery County Court. The appeal stated that his 3-10 years sentence was inconsistent with:
- The profundity of the offense because it associates with the victim’s life
- Public protection
- Rehabilitative and community requirements of the defendant
Judge O’Neil’s Alleged Misconduct
Cosby’s lawyers assert the judge presiding over the case, Steven T. O’Neil, violated his discretion. They allege the judge violated it by giving more priority to retribution.
Instead of focusing on the deterrence, rehabilitation, and incapacitation of passing judgment on an 81-year-old blind man. Also, they contend, Cosby had no criminal conduct over the past 10 years.
His lawyers further contend the judge’s actions went against governing rules and statues and became a violation of discretion. For this, his lawyers petitioned the judge to do away with Cosby’s sentence. Or to cut the prison term in the range of state sentencing guidelines.
Why Cosby’s Lawyers Believe He Should Have His Sentence Reduced
Cosby’s lawyers want a new trial for their client. They insist the verdict was not consistent with the magnitude of evidence. They argue the crime took place during a 12-year statute of limitations. The crime happened in January 2004 and not in late 2003.
The lawyers produced business records that place Cosby away from the scene of the crime. They also argued the charges against their client were on December 30, 2015. This was before the 12-year statute of limitations had expired.
They also questioned the level of truth in evidence of the case. A recorded phone conversation between Constand’s mom and Cosby is a specific target.
Will Judge O’Neill Accept Their Appeal?
The judge has not communicated whether he will grant the defense a hearing per their request. Prosecutors working on this case are given a chance to work on a response to these claims of the defense.
In the event Judge O’Neill does not grant their request, the lawyers will be forced to take their request to the Pennsylvania Superior Court.