Barely less than two weeks since Bill Cosby got sentenced, there are strong indications that his lawyers are now trying to not only get him out of prison but have the case and the judge tossed too.
It was gathered that a defense motion filed on Friday outlines his attorneys’ requests, which include the overturning of the actor’s conviction and three-to 10-year sentence on account of errors made in his sex assault case and trial.
“The defendant, William H. Cosby, Jr., moves this Court for a new trial in the interest of justice, or at least for reconsideration and modification of the sentence imposed on September 25, 2018,” a defense motion filed in Pennsylvania state court on Oct. 5 and made public this weekend declares, according to Deadline.
Denied home arrest or bail, Cosby is said to have already had an appeal attorney in the courtroom with him and promises of filing a motion on the matter — as he now has.
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.
The lawyers also 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’s defense team claims Judge Steven O’Neill should’ve recused himself from the sentence hearing following the 2017 mistrial and ensuing retrial this spring.
“For the reasons detailed in Mr. Cosby’s previously-filed motions for recusal (which are incorporated here by reference, without being repeated and set forth at length), and for all the foregoing reasons, a reasonable observer could question the impartiality of the judge who imposed the September 25, 2018, sentence,” the filing says.
“Accordingly, Judge O’Neill should have recused himself from imposing sentence.”