Pennsylvania judges sceptical of Cosby effort to reverse sex assault conviction

By Joseph Ax

 

Actor and comedian Bill Cosby is seen in this booking photo released by Montgomery County Correctional Facility, Maryland U.S., September 25, 2018. Courtesy Montgomery County Correctional Facility/Handout via REUTERS

 

HARRISBURG, Pa. (Reuters) - A trio of Pennsylvania judges on Monday appeared deeply sceptical of Bill Cosby's effort to have his sexual assault conviction overturned, as the comedian's lawyers argued in court that the trial judge had deprived him of a fair trial.

 

The judicial panel in Superior Court in Harrisburg, the state capital, posed their toughest questions to Cosby's lawyers during a hearing that lasted less than an hour while state prosecutors seemed to receive a much warmer reception.

 

Cosby, known for his role as the lovable father in the 1980s television series "The Cosby Show," saw his family-friendly reputation shattered after dozens of women accused him of sexual assault over decades.

 

He became the first celebrity to be convicted in the "#MeToo" era when a jury found him guilty in April 2018 of drugging and sexually assaulting Andrea Constand at his home in 2004.

 

The 82-year-old, who is serving a prison sentence of three-to-10 years, did not attend Monday's hearing.

 

The appeal focused on the decision by Montgomery County Judge Steven O'Neill to allow five accusers to testify at trial that Cosby had drugged and sexually assaulted them years previously, just as Constand claimed he had done.

 

The trial concerned only Constand's allegation; the other accusers' claims were too old to lead to criminal charges.

 

Under Pennsylvania law, such "prior bad acts" witnesses are seen as potentially prejudicial and can be admitted only under rare exceptions, such as to prove a defendant engaged in a specific pattern of behaviour or could not have mistaken incapacitation for consent.

 

Cosby's lawyers argued that the women's stories were too dissimilar to be permitted as pattern evidence and essentially guaranteed the jury would view him as guilty.

 

But Judge John Bender, the presiding judge on the panel, expressed doubt about that assertion.

 

"He gives them drugs and then he has sex with them," the judge said. "That's the pattern, isn't it?"

 

Cosby's lawyers also said O'Neill wrongly dismissed testimony from a former Montgomery County district attorney, Bruce Castor, who said he had promised Cosby not to bring charges related to Constand if Cosby agreed to testify in a deposition as part of her civil lawsuit against him.

 

Cosby settled the civil case for millions of dollars. Nearly a decade later, the unsealing of his sworn deposition - in which he acknowledged giving young women sedatives in the 1970s to facilitate sex - prompted a new district attorney to reopen the case and eventually charge Cosby.

 

Judge Carolyn Nichols, a member of Monday's panel, said that absent a written agreement or a court-approved deal granting Cosby immunity, Castor's successors were within their rights to prosecute Cosby.

 

"How can an elected district attorney bind that office in perpetuity?" she asked.

 

Cosby's first trial in June 2017 ended in a mistrial after the jury could not agree on a verdict. At that trial, O'Neill permitted only a single other accuser to testify.

 

(Reporting by Joseph Ax; Editing by Cynthia Osterman)

 

-- © Copyright Reuters 2019-08-13

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11 minutes ago, webfact said:

lawyers argued in court that the trial judge had deprived him of a fair trial.

 

With all his money and did not get a fair trial....I suppose in his eyes,

a fair trial would be a not guilty verdict.

ards woreordie

 

40 minutes ago, webfact said:

Pennsylvania judges sceptical of Cosby effort to reverse sex assault conviction

Good. 

 

He’s in gaol where, due to his predatory rapist behaviour, he belongs.

 

Leave him there to rot.  

"well y'see judge I was going to drug the woman, I put the stuff in her drink, but then I accidentally drank from her glass so I too got zonked and didn't know what I was doing, so I plead not guilty by diminished capacity."

 

 

Reported post removed.

10 hours ago, webfact said:

"He gives them drugs and then he has sex with them," the judge said. "That's the pattern, isn't it?"

Eloquent!

10 hours ago, Bluespunk said:

Good. 

 

He’s in gaol where, due to his predatory rapist behaviour, he belongs.

 

Leave him there to rot.  

I prefer to let justice be served by those authorized to do so and to refrain from overstating the obvious in an attempt to embellish my self importance.

18 minutes ago, Benmart said:

I prefer to let justice be served by those authorized to do so and to refrain from overstating the obvious in an attempt to embellish my self importance.

Good for you, hope getting that out helps embellish your sense of worth.

 

The court sent him to gaol. 

 

He was found guilty after a trial. 

 

Found guilty of being a predatory rapist. 

 

Hope he rots in gaol, as I do all rapists. 

Edited August 13, 20196 yr by Bluespunk

6 hours ago, Bluespunk said:

Good for you, hope getting that out helps embellish your sense of worth.

 

The court sent him to gaol. 

 

He was found guilty after a trial. 

 

Found guilty of being a predatory rapist. 

 

Hope he rots in gaol, as I do all rapists. 

There is no mention of rape in the OP. Stay on topic.

the really sad part in all this is why weren't young and sexy women lining up at his hotel door in the first place?

 

23 hours ago, webfact said:

But Judge John Bender, the presiding judge on the panel, expressed doubt about that assertion.

 

"He gives them drugs and then he has sex with them," the judge said. "That's the pattern, isn't it?"

 

4 hours ago, emptypockets said:

There is no mention of rape in the OP. Stay on topic.

A: you don’t tell me what to do. 

 

B: The first quote above is a definition of rape. 

4 hours ago, tgw said:

the really sad part in all this is why weren't young and sexy women lining up at his hotel door in the first place?

 

No, the really sad part is he was allowed to get away with raping women for decades.