Cosby lawyers ask court to void conviction, prison sentence
PHILADELPHIA — Bill Cosby’s lawyers have asked a Pennsylvania court to overturn the actor’s conviction and three- to 10-year prison sentence because of what they call a string of errors in his sex assault case.
The defense motion argued that trial Judge Steven O’Neill erred in declaring Cosby a sexually violent predator who must be imprisoned to protect the community. Lawyers called the sentence more punitive than necessary, given the standard two- to three-year guideline range for the crime and the fact Cosby is 81 and blind.
They also said the trial evidence never proved the encounter with accuser Andrea Constand took place in 2004, and not 2003, or that Cosby was arrested within the 12-year time limit.
Cosby was arrested on Dec. 30, 2015, and was convicted at a second trial this April. He has been in a state prison near Philadelphia since the Sept. 25 sentencing, when the judge refused to let him stay out on $1 million bail pending appeal. Given his fame, wealth and use of drugs to molest the accuser, the judge said, Cosby could remain a threat to other women.