A judge told the 81-year-old “Cosby Show” star on Sept. 25, when he was sentenced, that the conviction and prison sentence marked justice for Constand.
“It is time for justice. Mr. Cosby, this has all circled back to you. The time has come,” Montgomery County Judge Steven O’Neill said, before quoting from the victim’s own statement to the court, in which she said Cosby took her “beautiful, young spirit and crushed it.”
Prior to sentencing, Cosby’s lawyers beseeched the lawyer for a sentence that kept Cosby out of prison, noting that he’s legally blind and has difficulty walking.
Defense Files Motion
Now his legal team is attempting to get him out of prison while getting a new trial scheduled, and O'Neill tossed.The document cites what Cosby’s lawyers say are a number of errors that O'Neill made during the initial mistrial in 2017 and the retrial this year, arguing that the judge should have recused himself.
Another claim, that a key piece of evidence, a videotape, was “not authentic,” was addressed in late September by Montogomery County District Attorney Kevin Steele following the sentencing. “If that’s what they’ve got, it’s beyond a Hail Mary,” he said standing next Constand, reported the Associated Press.
Steele’s office is expected to reply to the motion this week.
Constand’s Testimony
Cosby has admitted giving Benedryl to Constand but has argued that the sex they had was consensual. Constand, a former Temple University employee, said Cosby took advantage of her in 2004 at his Philadelphia home after he drugged her.She said that she was a top athlete at the time.
“I was completely vulnerable and powerless to protect myself. After the assault, I wasn’t sure what had actually happened but the pain spoke volumes. The shame was overwhelming. Self-doubt and confusion kept me from turning to my family or friends as I normally did. I felt completely alone, unable to trust anyone, including myself.”
