Judge in Bill Cosby Case Disputes Grounds for Appeal
In a long-awaited opinion launched Tuesday, the Pennsylvania decide who presided over Bill Cosby’s sexual assault case rejected Mr. Cosby’s arguments that he had acquired an unfair trial.
It was Judge Steven T. O’Neill’s first full written clarification of the selections he made throughout the trial and his first expanded response to an inventory of grievances in regards to the decide’s actions that the protection crew has cited as grounds for its attraction. His determination permits Mr. Cosby’s attraction to maneuver ahead to a better courtroom in Pennsylvania.
Mr. Cosby’s crew cited 11 grounds upon which to problem the decision-making that factored into the jury’s discovering final yr that the entertainer had drugged and sexually assaulted Andrea Constand at his dwelling exterior Philadelphia in 2004.
Among Mr. Cosby’s arguments was the rivalry that Judge O’Neill had erred by permitting into proof the testimony of 5 further ladies who stated they too had been intoxicated and sexually assaulted by Mr. Cosby.
In his 143-page opinion, Judge O’Neill of Montgomery County, Pa., rejected the reasoning on all 11 grounds, asserting that the testimony of the extra ladies was significantly related due to the “chilling similarities” of their accounts, which he stated depicted a “signature” technique of assaulting ladies.
Among the similarities, he cited, have been observations that the ladies have been all youthful, bodily match and believed that Mr. Cosby was appearing as their pal or mentor. The decide wrote that every of the ladies stated she was maneuvered right into a location he managed, earlier than being giving an intoxicant after which bodily assaulted.
“In every occasion, [he] met a considerably youthful lady, gained her belief, invited her to a spot the place he was alone together with her, supplied her with a drink or drug, and sexually assaulted her as soon as she was rendered incapacitated,” Judge O’Neill wrote. “These chilling similarities rendered [their] testimony admissible.”
“The defendant’s actions have been so distinctive as to grow to be a signature,” he wrote.
The prosecution had supplied 19 different ladies as witnesses, and Judge O’Neill stated he had discovered all their accounts “related and admissible.” But he stated he had allowed solely 5 to testify due to the prejudicial danger of permitting too many different witnesses in a case specializing in what had occurred to Ms. Constand.
A spokesman for Mr. Cosby, who’s serving a three- to 10-year sentence in a Pennsylvania jail, stated in an announcement that the decide’s ruling continued to point out his errors and his private bias in opposition to Mr. Cosby.
“I’m certain that his temporary will additional assist our claims, that Mr. Cosby was falsely convicted, however he will likely be vindicated, when his attraction is reviewed by the appellate judges,” the assertion stated.
Judge O’Neill additionally rejected one other argument raised by the protection legal professionals, who stated he had didn’t correctly credit score what they described as a binding pledge to Mr. Cosby by a former district lawyer, who testified that he had promised to not prosecute the entertainer when the case was first investigated in 2005.
Mr. Cosby was prosecuted by a subsequent district lawyer in 2015.
Judge O’Neill stated he discovered the statements by the previous district lawyer, Bruce L. Castor, to be inconsistent. As he recounted the case in some element, Judge O’Neill wrote, “No non-prosecution settlement or promise was ever memorialized in writing, memorandum to investigative file, letter to counsel, or filed with any courtroom.”
In addition, he rejected Mr. Cosby’s declare that the 12-year statute of limitations within the case had handed by the point fees have been introduced in December 2015, discovering that Ms. Constand had constantly testified that the assault came about in 2004.