Bill Cosby has been sentenced to prison and will spend 3 to 10 years behind bars for the drugging and sexual assault of Andrea Constand. … Or will he ? His attorneys are already appealing, and moving to throw out the sentence, the conviction, and even the judge. Deadline reports that Bill Cosby’s attorneys are asking to reconsider his sentence and even his conviction with a brand new trial. “The defendant, William H. Cosby, Jr., moves this Court for a new trial in the interest of justice,” the motion begins. “Or at least,” the motion asks, “For reconsideration and modification of the sentence imposed on September 25, 2018.” His attorneys are zeroing in on one particular ruling that the judge made when he denied bail. The judge made this ruling to “protect the community.” Cosby’s attorneys believe that this ruling was incorrect. “For the reasons detailed in Mr. Cosby’s previously-filed motions for recusal,” his attorneys write. The motion adds: “(which are incorporated here by reference, without being repeated and set forth at length).” “And,” court documents continue. “For all the foregoing reasons, a reasonable observer could question the impartiality of the judge who imposed the September 25, 2018, sentence.” In other words, because Cosby is 81 and “legally blind,” his attorneys believe that he is not a danger to anyone, despite his considerable resources. “Accordingly,” the motion claims. “Judge O’Neill should have recused himself from imposing sentence.” Camille Cosby is also taking aim at the judge who presided over her husband’s trial. She is standing by him — even though Cosby’s accusers now outnumber their more than 50 years of marriage. The real bad guy, she says, is the judge. Camille is pushing to have the judge investigated for “misconduct” that she believes took place during the trial. That’s a very vague and extremely bold claim. Many have hailed Cosby’s conviction and sentence as a sign that things are changing for survivors of sexual violence. However, it is important to maintain perspective. This trial was for the assault of one woman. In order to get this conviction, they had to hold two trials — as a jury had deadlocked in 2017. It took a second trial, following the great social awakening of the #MeToo movement, to get one conviction for Cosby. Constand had reported her assault at the time, putting her in the minority of sexual assault survivors. There was documentation from it. It seems unlikely that Cosby will ever see convictions or even trials for the dozens and dozens of other allegations. Some have suggested that Cosby’s conviction should not be celebrated while so many other alleged predators roam free. In part, because there is more work to do. But there is another side to this argument. Some suggest that juries were more willing to see the once-beloved Cosby as a predator because he is black. They wonder if Matt Lauer, who enjoyed a similar public perception before his downfall and disgrace, would have been convicted on similar evidence. So far, that is speculation. We certainly hope that no sex monsters escape justice because of the privilege attached to the color of their skin. In Cosby’s case, he had been accused of drugging and assaulting women for decades. It was only a few years ago that more women came forward — all because the allegations were brought up after Cosby criticized young black men for having sagging pants. Before that, many had not been aware of the accusations, or had not given them much thought. But when more and more women came forward to share their horror stories — and others shared what they described as near misses — public opinion turned against Cosby. His downfall was years in the making. It is difficult to imagine that his judge was the lynchpin behind his conviction. This sounds like a standard appeal that attorneys file when their client has no shortage of money with which to pay them. That doesn’t mean that it will work. View Slideshow: Bill Cosby: A Look at His Life Behind Bars
Originally posted here:
Bill Cosby: Pushing to Throw Out Conviction, Prison Sentence, and Judge
