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Crime Bill Cosby loses appeal of sexual assault conviction

18:15  10 december  2019
18:15  10 december  2019 Source:   ap.org

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A Pennsylvania appeals court rejected Bill Cosby ’s bid to overturn his sexual assault conviction Tuesday over 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.

American comedian Bill Cosby has been the subject of publicized sexual assault allegations throughout his personal life, with the earliest incidents allegedly taking place in the mid-1960s.

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.

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)© Provided by Associated Press 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)

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.

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

Cosby ’s appeal will be heard by a three-judge panel in Pennsylvania’s Superior Court; two of the judges are women. The Rape, Abuse & Incest National Network (RAINN) filed a court motion to uphold Cosby 's sexual assault conviction . RAINN president Scott Berkowitz said in a statement

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 behavior 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.

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Bill Cosby 's legal team contend that a number of errors were committed in the trail.

Bill Cosby is seeking an appeal to overturn his sexual assault conviction and three-to-10-year prison sentence, Associated Press via USA Today reports. His lawyers are also challenging the state’s sex offender laws, which require judges find that a sexual violent predator has a “mental abnormality.”

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.

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.

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A jury has found Bill Cosby guilty of all charges in the sexual assault of Andrea Constand in his retrial outside UPDATED with more details, Cosby outburst, appeal plan: After years of sexual assault O’Neill didn’t announce a date for sentencing, but state law requires it within 100 days of a conviction .

A Pennsylvania appeals court on Monday questioned why actor Bill Cosby never got a supposed non-prosecution agreement in writing as his lawyers asked the panel to overturn his sexual assault conviction . Cosby , 82, is serving a three- to 10-year prison term for drugging and molesting a

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.

Marshall gynecologist charged with sexual assault .
Dr. Mark Walker was arraigned on a charge of fourth-degree criminal sexual conduct in connection with a 2011 incident involving a 16-year-old girl."The allegation is from 2011 and we don't think it has any credence," said J. Thomas Schaeffer, a Marshall defense attorney.  "It is what in vogue. I have been retained recently on six or eight 'me too' sort of cases.

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