It’ll be a hard task, but Bill Cosby’s lawyers are set to appeal his 2018 sexual assault case on Tuesday, December 1, in Pennsylvania Supreme Court. The actor’s lawyers will argue that two decisions in his criminal trial were wrongly decided.
One issue is that the defense didn’t think it was fair to let five other accusers testify for the prosecution about their experiences with Cosby in the ‘80s. In 2019, Cosby filed an appeal, arguing that the five accusers were “strikingly dissimilar” to Andrea Constand, who is the victim in the case.
The accusers said Cosby offered to mentor them but ended up sexually assaulting them after they were drugged or intoxicated, which is what happened with Constand.
The attorney’s argued that Cosby’s 2004 encounter with Constand and the other incidents with the other women — which were from over 10 years ago — are too far apart and “remote and unduly excessive.”
The second issue will focus on a testimony Cosby gave in 2005 when Constand filed a sexual battery and defamation lawsuit against him. As a result, he was not charged with the crime.
Constand reported the incident at the time and alleged that Cosby gave her some medication to make her feel dizzy, and then he groped her. When she woke up, her bra was undone and her clothes were all over the place.
Prosectors have argued that Cosby has a pattern in the way he assaulted these women; however, Cosby’s legal team argued that their testimony was different than the criminal accusations and should not have been heard in court.
Cosby was not happy with O'Neill after the judge let the five ladies testify at his retrial, and his wife, Camille Cosby, called the women gold-diggers and said they were lying.
“It is unusual, to say the least, that defendant has been repeatedly ... accused of engaging in sexual conduct with unconscious or otherwise incapacitated young women,” district attorney Kevin Steele's office wrote in a Supreme Court brief this year.
The Supreme Court will also consider whether the jury should have heard Cosby's deposition testimony, where he admitted he gave alcohol and quaaludes to some of his accusers before the sexual encounters.
Cosby is serving three to 10 years in prison near Philadelphia. Cosby's friends have begged for him to get out early due to the coronavirus pandemic wreaking havoc on jails, but he he has not filed any legal petitions. As a violent predator, he doesn't qualify for early release.
Both parties will present their arguments on Tuesday, but a ruling will not happen for a few months.