USA TODAY International Edition
Cosby guilty verdict: What comes next?
Appeal expected to come after sentence is imposed
The jury in Bill Cosby’s retrial found him guilty of aggravated assault Thursday after about 12 hours of deliberation.
His conviction on all three counts means they determined beyond a reasonable doubt that the comedian molested Temple University staffer Andrea Constand during a visit to his Philadelphia-area home in 2004, despite the fact that she could not consent because the pills he gave her rendered her unconscious.
But now that the verdict is in, what happens next? Here’s what we know.
Cosby isn’t going to jail — yet
Judge Steven O’Neill allowed the comedian, who had already posted a $1 million bond, to remain free on bail until his sentencing, to the frustration of prosecutors.
On Friday, O’Neill said sentencing could take place in 75 days. He ordered Cosby to undergo a “sexually violent predator” assessment before sentencing. And he clarified that Cosby will be restricted to house arrest, will have to wear a GPS monitor, and can leave his home only to visit his doctors or lawyers within a five-county area.
“It’s supposed to happen within 90 days (of conviction) but if all the parties agree it happens after that, it’s fine,” says Brian Zeiger, a defense lawyer who tries cases in Montgomery County, Pa., and the neighboring Philadelphia and Bucks counties.
Michael Donio, a retired New Jersey superior court judge, says the next legal battle will be at sentencing. If Cosby is sentenced to prison, he’d go directly behind bars. However, Donio expects his lawyers to argue he should be out on bond during the appeal. Such a request, he said, is usually not granted.
How much time might he serve?
Cosby, who is 80, blind and in declining health, was convicted on three counts, each carrying up to 10 years in prison, so any prison time could be a death sentence.
According to state law, O’Neill can sentence Cosby to either a consecutive prison term (i.e., back-to-back terms) or concurrent ones, meaning he would serve them all at the same time, with the longest term determining the duration of his prison stay.
“I would think that it would be a concurrent situation,” says Zeiger, who has tried numerous sex-offense cases. In his experience, whether a defendant gets concurrent sentencing “depends on the judge and the number of victims. In this case, they only proceeded with one. But I think they would also consider his age.”
University of Buffalo criminal law professor Michael Boucai isn’t so sure.
“In this case, some would say that Cosby’s advanced age counsels in favor of leniency; others might see decades of comfortable impunity,” he says. “Some might want to see Cosby treated more leniently in light of all the good he has done in other facets of his life; others may bristle at what they see as a particularly ugly hypocrisy.”
Fellow Philadelphia-area defense attorney Steven Fairlie says Cosby is likely to get a concurrent sentence because the charges all stem from the same crime.
But Fairlie also points out that possible victim testimony at the sentencing hearing and Cosby’s outburst following the guilty verdict — Cosby stood up and shouted vulgarities at Montgomery County District Attorney Kevin Steele — could lead the judge to consider a harsher sentence of up to 10 years.
“Hurling insults at the district attorney is not going to help his case,” he says.
Sentence will determine where
Zeiger says that if Cosby’s sentence is less than one or two years, he’ll likely serve it at the Montgomery County Correctional Facility in Eagleville, Pa., or through house arrest. He discounts the possibility of work release, citing Cosby’s age.
“If it’s one to two years or more, he would go into the state system,” he says, “and then the trial court would lose jurisdiction over his custody.”
Donio says Cosby’s lawyers will likely argue a prison will be unable to take care of Cosby, who could get house arrest or probation.
Defense team vows to appeal
As he left the courthouse Thursday, lead defense attorney Tom Mesereau vowed, “The fight is not over,” indicating his intent to appeal. However, an appeal cannot proceed until Cosby is sentenced.
“After the day of sentencing, you have 10 days to file a motion for reconsideration for certain things, like there wasn’t enough evidence to convict or something is wrong with the sentencing,” Zeiger explains. “The 10-day motion stops the clock on everything.”
Civil cases will proceed.
Attorney Lisa Bloom tweeted after the guilty verdict came in, “My defamation case on behalf of Janice Dickinson ... goes on. Mr. Cosby, I’m looking forward to taking your deposition.”
In Los Angeles, Cosby is being sued by Judy Huth, who accuses the comedian of sexual battery.
Former model Chloe Goins is suing the comedian for sexual battery and other claims, also in California.