Decision time for Cosby
Judge expected to hand down sentence soon
PHILADELPHIA — Bill Cosby has been accused of sexual misconduct by more than 60 women. He’s been tried twice in the nearly three years since he was charged with drugging and assaulting Andrea Constand. And he’s been found guilty by a jury.
Now, his fate lies in the hands of one man.
In days, Judge Steven T. O’Neill could order the 81-year-old entertainer once known as “America’s Dad” to be led away in handcuffs to a prison cell — possibly for the rest of his life.
O’Neill’s decision, expected to unfold in a Norristown, Pa., courtroom tomorrow or Tuesday, represents the first time since the #MeToo movement began that a celebrity faces prison in a sexual-assault case.
Neither prosecutors nor defense lawyers have publicly filed their sentencing recommendations. But if the proceeding follows routine, it should include arguments from the lawyers, a victim impact statement from Constand and statements of support from Cosby’s family members or friends if they choose to attend. And, perhaps, remarks from the entertainer himself — if he exercises his right to address the judge.
O’Neill may also hold a separate hearing to determine whether Cosby should register as a sex offender for the rest of his life and undergo treatment.
Cosby’s lawyers are almost certain to raise issues his defense has brought up repeatedly since his 2015 arrest and believe should shape how he is punished: his compliance with bail conditions, his age and failing health. They say he is legally blind.
But swaying O’Neill may be a tall order. Data suggests that nearly 80 percent of defendants convicted of the same crime — aggravated indecent assault — who like Cosby had no prior record were sent to prison. There are also dozens of older inmates in Pennsylvania prisons, some with similar health problems.
A prison term for Cosby would be the final, devastating blow in a slow but dramatic downfall. Once among the nation’s most beloved celebrities, his career at its end became mired in dozens of accusations of past sexual misconduct. He eluded prosecution in all but one case, drew a hung jury in his first trial, and continued to maintain his innocence.
Pennsylvania law gives judges loose guidelines and the latitude to impose a sentence of their choice.