Bill Cosby Loses Bid for New Trial
Cosby alleged that the judge should have recused and his sentence was too harsh.
October 23, 2018 at 03:10 PM
3 minute read
Bill Cosby has lost his first bid for a new trial after his sentencing last month for aggravated indecent assault.
In an order Tuesday, Montgomery County Court of Common Pleas Judge Steven T. O'Neill denied a post-sentence motion, in which Cosby asked for a modified sentence and a new trial. Cosby has been sentenced to three to 10 years in state prison based on Andrea Constand's allegation that he sexually assaulted her in 2004.
In the motion, Cosby had asserted that an audio recording used at trial, which captured a 2005 phone conversation between Cosby and Constand's mother, was not authentic and should not have been admitted at trial. He also argued that O'Neill, who sentenced him and presided over the trial, should have recused from the case because of his past interactions with former Montgomery County District Attorney Bruce Castor, who testified at a key pretrial hearing.
Regarding his sentence, Cosby argued that O'Neill had undervalued the impact of Cosby's age and blindness, therefore “overestimating any present danger to the community.”
“At least, the court erred in enhancing punishment in the present case based on uncharged prior misconduct that could not be prosecuted under any applicable statute of limitations,” Cosby's motion said.
Cosby has 30 days to file an appeal in the Pennsylvania Superior Court, the order said, and he will have the right to petition for bail pending appeal. Cosby asked for bail at his sentencing hearing, but O'Neill denied the request.
In a statement Tuesday, Cosby's spokespeople, Andrew Wyatt and Ebonee Benson, said O'Neill's order “shows the 'bias' that he has towards Mr. Cosby.” They said Cosby had filed a petition for review in the Superior Court, including an affidavit from Castor.
Cosby's lawyer, Brian W. Perry of Perry Shore Weisenberger & Zemlock, did not respond to a call for comment Tuesday.
Cosby is also facing a civil lawsuit for failing to pay legal bills. Local firm Schnader Harrison Segal & Lewis is seeking more than $282,000 in the case, which was removed to federal court this week.
READ MORE:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllPhila. Med Mal Lawyers In for Busy Year as Court Adjusts for Filing Boom
3 minute read'Recover, Reflect, Retool and Retry': Lessons From Women Atop Pa. Legal Community
3 minute readEDPA's New Chief Judge Plans to Advance Efforts to Combat Threats to Judiciary
3 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250