The defense motion argues that trial Judge Steven O'Neill was incorrect in declaring him as a sexually violent predator who should be imprisoned to protect the community.
They called the sentence more punitive than necessary. Factors in that are that he's 81 years old and blind.
His lawyers also say that the trial evidence never proved that the encounter between him and and Andrea Costand took place in 2004, and not 2003, or that he was arrested within the 12-year time limit.
He's been in a state prison near Philadelphia since his sentencing on September 25th on three felony sex assault counts. Montgomery County prosecutors say they will file a response. Story developing...
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