It’s only been two weeks, and already Bill Cosby wants to get out of prison.
Lawyers for the sexual predator once revered as ‘America’s dad’, who was sentenced to a three-to-ten-year stretch, have filed a motion seeking to have the April retrial thrown out.
Cosby’s lawyers cite a series of supposed errors on the part of Judge O’Neil in both the initial mistrial of 2017, the retrial this spring and the sentencing hearing late last month, according to a report on deadline.com.
Cosby’s attorneys claim that a vital piece of taped evidence was “not authentic,” that the statute of limitations on the crime may have expired and that testimony from five other accusers at the retrial, “violated the defendant’s right at sentencing.”
The paperwork also attacks the judge, saying he should have recused himself. “A reasonable observer could question the impartiality of the judge who imposed the September 25, 2018, sentence,” the filing alleges.
Cosby admitted in depositions to giving his victim, Andrea Constand, Benadryl pills on the night of the assault in his Philadelphia mansion in 2004, but unsuccessfully claimed in court that the encounter with her was consensual. More than 60 women have come forward with strikingly similar accounts of being drugged and molested by Cosby.
The defense motion filed Friday, according to Deadline, appeals “for a new trial in the interest of justice, or at least for reconsideration and modification of the sentence imposed on September 25, 2018.”
The D.A.’s office is expected to reply to the motion within days.