Daily Local News (West Chester, PA)
Bill Cosby calls for judge’s ouster
Bill Cosby wants judge ousted over wife’s sex-assault advocacy.
NORRISTOWN » Bill Cosby claims there is an “appearance of partiality” by the Montgomery County judge presiding over his sexual assault retrial because the judge’s wife has spent her career working with and supporting sexual assault victims.
In a motion filed in Montgomery County Court on Thursday, Cosby’s defense team led by Los Angeles lawyer Thomas Mesereau Jr. asked presiding Judge Steven T. O’Neill to recuse himself from the case under the Pennsylvania Code of Judicial Conduct that addresses the appearance of partiality. Mesereau suggested President Judge Thomas M. DelRicci should reassign the upcoming trial to another county judge.
“Here, there is a clear appearance of partiality that results from the marital relationship between the presiding jurist…and his spouse Dr. Deborah V. O’Neill. More specifically, the appearance of partiality stems from Dr. O’Neill’s statements, positions, opinions and actions with respect to the topic of sexual assault, along with her relationships with various activist groups,” Mesereau wrote in court papers.
Deborah O’Neill is employed by the University of Pennsylvania where she is a certified social worker and coordinator of the Sexual Trauma Treatment Outreach and Prevention Team, which provides care and support to students who have experienced sexual trauma, Cosby’s lawyers wrote. Dr. O’Neill completed her dissertation in 2012 on the issue of acquaintance rape and “often speaks publicly on the issue of sexual assault,” Mesereau argued.
Mesereau pointed out that in the acknowledgements section of her dissertation, Dr. O’Neill thanked her husband, Judge O’Neill, for his support.
“At a minimum, Dr. O’Neill’s acknowledgement demonstrates that she has shared her views on sexual assault with Judge O’Neill,” Mesereau wrote.
Mesereau claimed Deborah O’Neill donated money to an activist group, V-Day UPenn, which has specifically targeted Cosby and which has given money to another activist group that “has organized a public protest” to be held in front of the county courthouse dur-
ing Cosby’s retrial.
“Accordingly, permitting substitution of another judge for Judge O’Neill is the most effective method to promote and maintain public confidence in a neutral judicial system,” Mesereau wrote. “For these reasons, Mr. Cosby respectfully requests that the court recuse itself from these proceedings to avoid the appearance of a conflict of interest, and that the matter be reassigned.”
If Judge O’Neill denies the defense request for recusal, then the judge should certify the order for an immediate pretrial appeal to a state court, Mesereau argued.
“It is submitted that the appearance of partiality in
this case is strong, and reasonable minds may differ in their opinions on the issue,” Mesereau wrote.
“Should Mr. Cosby be convicted at trial, and if the appellate court determines in its review that this court should have recused itself, this matter will necessarily be tried again. Thus, Mr. Cosby submits that a pretrial appellate determination would materially advance the ultimate termination of this matter, in that bias or partiality would no longer be grounds for reversal posttrial,” Mesereau and codefense lawyers Kathleen Bliss, Becky S. James and Lane L. Vines added.
Jury selection for Cosby’s retrial begins April 2 with testimony to follow.
William Henry Cosby Jr., as his name appears on charging documents, faces three counts of aggravated
indecent assault in connection with allegations he had inappropriate sexual contact with Andrea Constand, a former Temple University athletic department employee, at his Cheltenham home after plying her with blue pills and wine sometime between mid-January and mid-February 2004.
Cosby has maintained his contact with Constand was consensual.
Cosby, 80, remains free on 10 percent of $1 million bail, pending the retrial.
Cosby’s first trial last June ended in a mistrial when jurors could not reach a verdict. District Attorney Kevin R. Steele immediately announced he would seek a retrial.
The newspaper does not normally identify victims of sex crimes without their consent but is using Constand’s name because she has identified herself publicly.