FILE - In this Sept. 24, 2018 file photo Bill Cosby arrives for his sentencing hearing at the Montgomery County Courthouse in Norristown, Pa. A Pennsylvania appeals court has rejected Cosby’s bid to overturn his sexual assault conviction. The ruling Monday, Dec. 10, 2019, was being closely watched as Cosby was the first celebrity tried and convicted in the #MeToo era. Defense lawyers say the trial judge improperly allowed five other accusers to testify. (AP Photo/Matt Slocum, File)

FILE - In this Sept. 24, 2018 file photo Bill Cosby arrives for his sentencing hearing at the Montgomery County Courthouse in Norristown, Pa. A Pennsylvania appeals court has rejected Cosby’s bid to overturn his sexual assault conviction. The ruling Monday, Dec. 10, 2019, was being closely watched as Cosby was the first celebrity tried and convicted in the #MeToo era. Defense lawyers say the trial judge improperly allowed five other accusers to testify. (AP Photo/Matt Slocum, File)

Bill Cosby loses appeal of sexual assault conviction

Cosby, 82, can now ask the state Supreme Court to consider his appeal

A Pennsylvania appeals court rejected Bill Cosby’s bid to overturn his sexual assault conviction Tuesday over issues including the trial judge’s decision to let five other accusers testify.

The Superior Court ruling was being closely watched because Cosby was the first celebrity tried and convicted in the #MeToo era. The same issue was hard-fought in pretrial hearings before movie mogul Harvey Weinstein’s sexual assault trial.

Cosby’s lawyers in his appeal said the suburban Philadelphia judge had improperly allowed the five women to testify at last year’s retrial although he’d let just one woman testify at the first trial in 2017.

But the Superior Court said Pennsylvania law allows the testimony if it shows Cosby had a “signature” pattern of drugging and molesting women.

“Here, the (prior bad act) evidence established appellant’s unique sexual assault playbook,” the court said, noting that “no two events will ever be identical.”

The court went on to say that the similarities were no accident.

“Not only did the (prior bad act) evidence tend to establish a predictable pattern of criminal sexual behaviour unique to appellant, it simultaneously tended to undermine any claim that appellant was unaware of or mistaken about victim’s failure to consent to the sexual contact that formed the basis of the aggravated indecent assault charges,” the panel said in its ruling.

Lawyers for Cosby had argued eight issues on appeal, including the judge’s decision to let prosecutors use portions of a deposition he gave in the accuser’s related civil suit. His lawyers also argued that he had a binding promise from a former prosecutor that he would never be charged in the case and could testify freely at a deposition in accuser Andrea Constand’s related lawsuit.

The appeals court rejected those arguments and upheld the judge’s classification of Cosby as a sexually violent predator.

Cosby, 82, can now ask the state Supreme Court to consider his appeal.

READ MORE: Bill Cosby gets 3-10 years in prison for sexual assault

He has been serving a three- to 10-year prison term for the 2004 encounter at his suburban Philadelphia home, which he deemed consensual.

He was arrested a decade later, after a federal judge unsealed portions of the deposition at the request of The Associated Press and new prosecutors reopened the criminal case.

The Superior Court panel, in arguments in Harrisburg in August, asked why Cosby’s lawyers didn’t get a written immunity agreement and have it approved by a judge, instead of relying on an oral promise.

“This is not a low-budget operation we were operating here. They had an unlimited budget,” said Superior Court Judge John T. Bender, who questioned whether any court would have approved the deal.

Judge Steven O’Neill’s decision to let the other accusers testify came after more than 60 women accused Cosby of sexual misconduct. Prosecutors asked to call 19 of them. Superior Court Judge John Bender appeared to agree with O’Neill’s logic in letting some take the stand.

“The reality of it is, he gives them drugs and then he sexually assaults them. And in four out of the five, those were in mentor situations,” Bender said.

Kristen L. Weisenberger, representing Cosby, said one of the women wasn’t even sure she was sexually assaulted. However, prosecutors said, that’s how Cosby planned it.

O’Neill had allowed just one other accuser at Cosby’s first trial in 2017, when the jury deadlocked. Cosby’s lawyers called his later decision to let more women testify arbitrary and prejudicial.

The long-married Cosby, once beloved as “America’s Dad” for his TV role as Dr. Cliff Huxtable on the hugely popular sitcom “The Cosby Show,” has acknowledged having sexual contact with a string of younger women, many of whom came to him for career advice and took alcohol or pills he offered them.

He and his lawyers and agents have suggested that many of the accusers were gold diggers seeking money or fame. He told a news outlet in November that he expects to serve the maximum 10-year sentence if he loses the appeal, because he would never express remorse to the parole board.

Cosby agreed to pay Constand, a former Temple University basketball team manager, about $3.4 million to settle her lawsuit. His insurance company, following his conviction, settled at least nine other defamation lawsuits filed by accusers for undisclosed sums.

The AP does not typically identify sexual assault victims without their permission, which Constand has granted.

___

Maryclaire Dale, The Associated Press


Like us on Facebook and follow us on Twitter.

Just Posted

Missing Abbotsford man Adam Hobbs was found deceased on Thursday evening (June 17).
Body of missing Abbotsford man Adam Hobbs found

Hobbs was reported missing Monday after leaving his job site in Langley

UFV athletes were honoured for their strength and perseverance during the pandemic. (UFV photo)
Fraser Valley athletes recognized in year without sports

UFV Cascades athletes honoured for strength shown during the pandemic

web
Mission students hold rally, say everyone welcome at school

Ecole Christine Morrison Elementary School hosted an Anti-Racism Day on June 15

Abbotsford council has given permission for Chilliwack to use the JAMES wastewater treatment plant for the disposal of trucked liquid waste until the end of September.
Chilliwack gets exemption to Abbotsford bylaw prohibiting liquid waste from other cities

Process in place until September while new facility under construction in Chilliwack

n
Quarry Questions: Supreme Court ruling spells concern for Mission bylaws

Judge ruled that provincial permits overrule municipal bylaws relating to mining activity

A small pod of Pacific white-sided dolphins pass by close to shore in Campbell River June 16, 2021. Still capture from video courtesy of Kimberly Hart
VIDEO: Dolphin sunset captured from Vancouver Island shore

Spectacular setting for view of travelling pod of Pacific white-sided dolphins

Police are asking for public assistance in locating Anthony Graham who has been charged with the murders of Kamloops brothers Carlo and Erick Fryer. (RCMP photo)
2 charged, suspect at large in killings of B.C. brothers linked to gang activity: RCMP

Kamloops brothers Erick and Carlo Fryer were found deceased in May on a remote Okanagan road

Albert Health Minister Tyler Shandro and Alberta Premier Jason Kenney unveil an opening sign after speaking about the Open for Summer Plan and next steps in the COVID-19 vaccine rollout, in Edmonton, Friday, June 18, 2021. THE CANADIAN PRESS/Jason Franson
Alberta 1st province in Canada to lift all COVID-19 public health restrictions

70.2% of eligible citizens 12 and older in the province have received a dose of the vaccine

Fraser Health registered nurse Ramn Manan draws a dose of the Pfizer COVID-19 vaccine into a syringe at a walk-up vaccination clinic at Bear Creek Park, in Surrey, B.C., on Monday, May 17, 2021. THE CANADIAN PRESS/Darryl Dyck
‘Honour our fathers’ with COVID-19 vaccine protection, B.C. urges

109 new cases Friday, 75 per cent of 12 and up immunized

(Paul Henderson/ Chilliwack Progress)
Trutch Avenue in Chilliwack to be renamed to remove racist taint

New name to have Indigenous significance as Chilliwack takes new step toward reconciliation

Canadian Prime Minister Justin Trudeau is seen during a joint news conference following the EU-Canada Summit, in Brussels, Belgium, Tuesday June 15, 2021. Trudeau says Canada is on track now to have 68 million doses delivered by the end of July, which is more than enough to fully vaccinate all 33.2 million Canadians over the age of 12. THE CANADIAN PRESS/Adrian Wyld
Vaccine deliveries enough to fully vaccinate all eligible Canadians by end of July

Three in four eligible Canadians now have their first dose, nearly one in five fully vaccinated.

A search is underway for a 75-year-old fisherman who went missing near Port Angeles Thursday evening. (Courtesy of U.S. Coast Guard)
Search continues for angler missing between Port Angeles and Victoria

Canadian, U.S. Coast Guard searching for 75-year-old man reported missing Thursday evening

Chief Public Health Officer Theresa Tam listens to a question during a news conference, in Ottawa, Tuesday, Jan. 12, 2021. The number of confirmed COVID-19 cases attributed to the highly contagious Delta variant grew in Canada this week. THE CANADIAN PRESS/Adrian Wyld
Canada’s public health agency reports spike in confirmed cases of Delta variant

More than 2,000 cases of the variant confirmed across all 10 provinces and in one territory

Most Read