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Bill Cosby Sentencing: Live Updates Bill Cosby Sentencing: Psychologist Says Threat to Women Remains
(about 4 hours later)
• Bill Cosby is in court in Norristown, Pa., where he is to be sentenced for drugging and sexually assaulting Andrea Constand at his home near Philadelphia 14 years ago. • A psychologist representing Pennsylvania’s Sexual Offenders Assessment Board testified Monday at Bill Cosby’s sentencing hearing that Mr. Cosby had a personality disorder that was evident in his lifetime of interest in having sex with nonconsenting women.
• A psychologist representing Pennsylvania’s Sexual Offenders Assessment Board testified Monday that Mr. Cosby had a personality disorder evident in his lifetime of interest in having sex with nonconsenting women. • Mr. Cosby will be sentenced Tuesday for drugging and sexually assaulting Andrea Constand at his home near Philadelphia 14 years ago and faces a maximum of 10 years in prison.
• Ms. Constand told the judge: “The jury heard me, Mr. Cosby heard me and now all I am asking for is justice as the court sees fit.” It is not clear whether Mr. Cosby will speak before the judge rules on Tuesday.
• He is likely to be incarcerated, though it is unclear for how long. An open question is whether he will be allowed to remain free during the expected appeal of his conviction.• He is likely to be incarcerated, though it is unclear for how long. An open question is whether he will be allowed to remain free during the expected appeal of his conviction.
• At least six women who have accused Mr. Cosby of similar acts of sexual abuse were in the courtroom to watch the sentencing, but Mr. Cosby’s wife, Camille, was not. • At least seven women who have accused Mr. Cosby of similar acts of sexual abuse were in the courtroom to watch the sentencing, but Mr. Cosby’s wife, Camille, was not.
• Ms. Constand was also there and may speak in court, though it is unclear if other women who testified against Mr. Cosby will have the chance. Mr. Cosby is permitted to speak, but his legal team has not said whether he will. NORRISTOWN, Pa. — In the first of two days of hearings to determine Bill Cosby’s sentence for sexual assault, a psychologist for a state panel testified that Mr. Cosby deserved to be categorized as a “sexually violent predator” because he had a personality disorder that pushed him to have sex with nonconsenting partners.
NORRISTOWN, Pa. — Once one of the world’s best-known entertainers, Mr. Cosby, 81, may become one of the most famous Americans ever to enter a prison cell. At a time when the country is coming to terms with a culture of predatory sexual abuse by powerful men, his sentencing will also underscore what is the first major conviction of the #MeToo era. The finding by the psychologist for Pennsylvania’s Sexual Offenders Assessment Board can be a factor in sentencing and in the conditions imposed on a person found to be a predator, both in prison and afterward. But the final decision rests with Judge Steven T. O’Neill who is presiding over the hearing that could end Tuesday with one of the world’s best-known entertainers entering a prison cell.
Mr. Cosby faces a maximum 30-year prison term, 10 years for each of three counts of aggravated indecent assault he was convicted of. Mr. Cosby’s lawyer, Joseph P. Green, had argued that Mr. Cosby’s age, 81, and legal blindness meant he was no risk, especially since there have been no new allegations of sexual abuse leveled against him since 2004.
The counts are likely to be merged, however, or be served concurrently, in which case Mr. Cosby could be facing, at most, 10 years. Counts can be merged when they stem from the same event. In this case, they originated with the encounter in January 2004 when, Ms. Constand said, Mr. Cosby sexually assaulted her after giving her pills that made her drift in and out of consciousness. “How’s he going to meet these people?” said Mr. Green. “There is no reasonable prospect that an 81-year-old blind man is likely to reoffend.”
Judge Steven T. O’Neill of the Montgomery County Court of Common Pleas will have to consider state guidelines that recommend, but do not mandate, appropriate sentence ranges. Those guidelines, which account for any previous criminal record (Mr. Cosby has none), the seriousness of his offense, and mitigating and aggravating factors, suggest a range of about 10 months to four years, according to Barbara Ashcroft, a former sex crimes prosecutor in Pennsylvania. But the psychologist, Kristen F. Dudley, said she did not believe the disorder had dissipated with age. “It is possible that he has already met someone who could be a future victim,” she said.
A New York Times analysis of Pennsylvania court data for the past five years showed that offenders convicted of crimes similar to Mr. Cosby’s were often given sentences of two to five years. She said that, while Mr. Cosby had declined to meet with her, she was able to draw that conclusion by going through “boxes of documents,” including transcripts from Mr. Cosby’s two trials, one of which ended in April with his conviction on three counts of aggravated indecent assault. Mr. Cosby was convicted of drugging and assaulting Andrea Constand, a former Temple University employee for whom he emerged as a mentor.
(Sentences in Pennsylvania are given as a range of a minimum and a maximum. Inmates with good behavior may be eligible for parole when they have reached the minimum.) Ms. Dudley said an interview with Mr. Cosby had not been necessary. “A review of records is sufficient,” she said.
But Judge O’Neill has wide discretion in determining the sentence.
Camille Cosby had been vocal in recent days in attacking the fairness of the trial and, in particular, the behavior of Judge O’Neill, who she has said should be investigated by a state judicial conduct panel.
But she was not with Mr. Cosby when he entered the courthouse at 9:08 a.m., wearing a dark suit and sporting a blue handkerchief in his breast pocket. He sat quietly at the front of the court with his lawyers, Joseph P. Green, who is handling the sentencing, and Peter Goldberger, his appeals lawyer.
Three of the five women who testified at the trial, and gave their own accounts of sexual abuse by Mr. Cosby — Chelan Lasha, Janice Dickinson and Lise-Lotte Lublin — were in court, sitting close to the front. Several other Cosby accusers were also present including Tamara Green, Therese Serignese and Lili Bernard.
Ms. Constand was also in the room, accompanied by her mother, father and sister.
For many of these Cosby accusers, and others, the jury verdict in April had seemed a watershed moment, one that reflected how the accounts of female accusers were being afforded greater credibility. But the issue is far from settled, as is evident in the debate over how to view the accusations of sexual impropriety now being brought forward by women about Judge Brett M. Kavanaugh, the Supreme Court nominee.
Before the sentencing itself, prosecutors pushed forward with an effort to have Mr. Cosby categorized as a “sexually violent predator.”
A Pennsylvania state board had recommended such a classification, which can be a factor in sentencing and in the conditions imposed on a person found to be a predator, both in prison and afterward. But the final decision rests with Judge O’Neill who heard testimony in the morning from the psychologist, Kristen F. Dudley, who had prepared the board report.
She said Mr. Cosby had a personality disorder that displayed itself in a lifetime of interest in nonconsenting women, one that she did not believe had dissipated with age. “It is possible that he has already met someone who could be a future victim,” she said.
She said that, while Mr. Cosby had declined to meet with her, she was able to draw that conclusion by going through “boxes of documents,” including transcripts from Mr. Cosby’s two trials.
She said an interview had not been necessary. “A review of records is sufficient,” she said.
One important factor in her conclusion, she said, was what she described as Mr. Cosby’s use of friendship to create trust that gave him access to Ms. Constand. “He used that friendship, that relationship, that trust to take advantage of her,” the psychologist said.One important factor in her conclusion, she said, was what she described as Mr. Cosby’s use of friendship to create trust that gave him access to Ms. Constand. “He used that friendship, that relationship, that trust to take advantage of her,” the psychologist said.
She said she had drawn this conclusion because of the behavior he had demonstrated over 30 years, during which time he had engaged in grooming behavior.She said she had drawn this conclusion because of the behavior he had demonstrated over 30 years, during which time he had engaged in grooming behavior.
But the defense said that Mr. Cosby’s age and legal blindness meant he was no risk, especially since there have been no new allegations since 2004. Mr. Cosby’s team said its expert witness could not testify until Tuesday, so Judge O’Neill agreed to wait until then to make a decision on the predator determination and Mr. Cosby’s sentence. If the judge agrees with the board’s psychological assessment, Mr. Cosby would be required to have routine counseling for the rest of his life, and even if not sentenced to prison, he would be required to report monthly to the police.
“How’s he going to meet these people?” said Mr. Green. “There is no reasonable prospect that an 81-year-old blind man is likely to reoffend.” Mr. Cosby’s legal team had objected to the whole discussion, asserting that the legality of the state’s predator determination process is questionable because, among other things, it does not use the “beyond reasonable” doubt formula for findings in criminal cases.
Mr. Cosby’s legal team had objected to the whole discussion, asserting that the legality of the state’s predator determination process is questionable because, among other things, it does use the “beyond reasonable” doubt formula for findings in criminal cases.
“The statute is unconstitutional,” said Mr. Green, but the judge found otherwise.“The statute is unconstitutional,” said Mr. Green, but the judge found otherwise.
Prosecutors said the law was not punitive and was meant to protect the community. Mr. Cosby had faced a maximum 30-year prison term, 10 years for each of three counts of aggravated indecent assault he was convicted of.
Tracy Piatkowski, an assistant district attorney, argued that the determination process was “rooted in legitimate governmental interest in protecting vulnerable members of the community against predation.” But Judge O’Neill chose on Monday to merge the counts, as allowed when they stem from the same event. In this case, they originated with an encounter in January 2004 when, Ms. Constand said, Mr. Cosby sexually assaulted her after giving her pills that made her drift in and out of consciousness.
Mr. Cosby’s team said its expert witness could not testify until Tuesday, meaning that the judge is likely to push off his decision on the determination, and Mr. Cosby’s sentence, until then. In their remarks, prosecutors asked Judge O’Neill to sentence Mr. Cosby to a five- to 10-year term. “By deterring this type of conduct with a sentence that is appropriate will say that you can no longer get away with this,” the district attorney, Kevin R. Steele, told the court.
If the judge agrees with the board’s psychological assessment, Mr. Cosby would be required to have routine counseling for the rest of his life, and even if not sentenced to prison, he would be required to report monthly to the police. The law is the state’s version of Megan’s Law, a federal statute that requires the monitoring of convicted sex offenders. Indeed, at a time when the country is coming to terms with a culture of predatory sexual abuse by powerful men, Mr. Cosby’s sentencing was closely watched as it is the first major conviction of the #MeToo era. For many of Mr. Cosby accusers, the jury verdict had seemed a watershed moment, one that reflected how the accounts of female accusers were being afforded greater credibility. But the issue is far from settled, as is evident in the debate over how to view the accusations of sexual impropriety now being brought forward by women about Judge Brett M. Kavanaugh, the Supreme Court nominee.
Prosecutors will argue for tough sentencing and emphasize aggravating factors such as the nature of Mr. Cosby’s crime and his practice of giving drugs to women. Mr. Green argued in favor of house arrest, saying Mr. Cosby is a danger to no one and that the court must be careful not to allow public opinion to affect its decision-making. “In this case we rely on you to make sure that that public advocacy doesn’t affect the application of the rule of law,” he said, adding later, “It’s your obligation to make sure that the sentencing decision is not affected by all that noise.”
Ms. Constand, who now works as a massage therapist in Canada, is likely to speak about the impact on her life. One or more of her family members may also testify about how she was affected. Judge O’Neill will also have to consider state guidelines that recommend, but do not mandate, appropriate sentence ranges. Those guidelines, which account for any previous criminal record (Mr. Cosby has none), the seriousness of his offense, and mitigating and aggravating factors, suggest a range of about 10 months to four years.
Dozens of other women have accused Mr. Cosby of drugging and sexually assaulting them and some of those accusers, whose cases did not end in criminal charges, are likely to be in the courtroom. Judge O’Neill rejected a prosecution request to allow other women to tell their accounts at the hearing, though it is unclear whether that ruling will apply to the five women he allowed to testify at Mr. Cosby’s trial. (Sentences in Pennsylvania are given as a range of a minimum and a maximum. Inmates with good behavior may be eligible for parole when they have reached the minimum.)
Mr. Cosby’s defense team will point to mitigating factors, including his advanced age and the fact that he is legally blind. Mr. Cosby is far older than others convicted of the same crime in Pennsylvania in the past five years, according to sentencing data. Camille Cosby had been vocal in recent days in attacking the fairness of the trial and, in particular, the behavior of Judge O’Neill, who she has said should be investigated by a state judicial conduct panel.
To bolster its arguments, the defense team may present witnesses to discuss, for example, his good character or any good works. But she was not with Mr. Cosby when he entered the courthouse at 9:08 a.m., wearing a dark suit and sporting a blue handkerchief in his breast pocket. He sat quietly at the front of the court with his lawyers, Mr. Green, who is handling the sentencing, and Peter Goldberger, his appeals lawyer.
But the most important and powerful moment of the hearing may come if Mr. Cosby, who has denied sexually abusing any of the women, decides to speak and express remorse. Three of the five women who testified at the trial, and gave their own accounts of sexual abuse by Mr. Cosby — Chelan Lasha, Janice Dickinson and Lise-Lotte Lublin — were in court, sitting close to the front. Several other Cosby accusers were also present including Tamara Green, Therese Serignese and Lili Bernard.
“There has not been any sense of contrition or regret, and it would be the news story of the day if he stood up and said, ‘Judge, I am sorry,’” said Daniel M. Filler, dean of the Kline School of Law at Drexel University in Philadelphia. “But it’s not likely to happen.” Ms. Constand was also in the room, accompanied by her mother, father and sister. They all spoke during the proceeding.
Mr. Cosby’s lawyers have filed several motions suggesting that they will file an appeal that challenges the judge’s trial and pretrial rulings and even the judge’s personal integrity. Ms. Constand, who now works as a massage therapist in Canada, spoke only briefly as her victim’s impact statement had already been incorporated into the record.
A key question at the sentencing hearing is whether Mr. Cosby will be allowed to remain out on bail while he pursues those appeals, a process that could take years. “The jury heard me,” she said, “Mr. Cosby heard me and now all I am asking for is justice as the court sees fit.”
Ms. Constand’s mother, Gianna, also spoke, telling the court that Mr. Cosby had intimidated her family and used his powers to try to ruin her own and her family’s reputation. “I have realized that this event has changed and contributed to so much pain,” she said. “He protected himself at the cost of ruining many lives.”
Mr. Steele quoted from Ms. Constand’s victim impact statement, at one point quoting her as saying “To hear his voice on the phone felt like a knife going through my guts.”
“I am in awe of this lady” he told the court given all that she had endured, including two trials, to secure justice.
Though dozens of other women have accused Mr. Cosby of drugging and sexually assaulting them, Judge O’Neill rejected a prosecution request to allow any of them to provide their accounts at the hearing.
Mr. Cosby’s defense team chose not to present additional witnesses to discuss, for example, Mr. Cosby’s character or any good works. But in his remarks, Mr. Green emphasized what he called Mr. Cosby’s youth of hardship and racism, his time in the United States Navy and discussed his educational achievements.
It is still unclear whether Mr. Cosby will choose to speak Tuesday, as he is entitled. Experts do not believe any remarks from him will approximate remorse because his team has already announced his plan to appeal his conviction. But Judge O’Neill encouraged him to speak.
“I hope that if he so chooses he will get the last word,” he said.
Mr. Cosby’s lawyers have filed several motions suggesting that they will file an appeal that challenges the judge’s rulings and even the judge’s personal integrity.
A key question for Tuesday will be whether Mr. Cosby is allowed to remain out on bail while he pursues those appeals, a process that could take years.
His lawyers will argue that he is not a flight risk, and that he is not likely to commit another crime.His lawyers will argue that he is not a flight risk, and that he is not likely to commit another crime.
But if Judge O’Neill were to permit him to stay at home, the judge would surely face bitter criticism from the many female accusers eager for closure this week. “I don’t think the judge will let him out on appeal; he has had his freedom for a long time,” said Ms. Ashcroft, the former prosecutor. But if Judge O’Neill were to permit him to stay at home, the judge would surely face bitter criticism from the many female accusers eager for closure this week. “I don’t think the judge will let him out on appeal; he has had his freedom for a long time,” said Barbara Ashcroft, a former prosecutor.
If he is not allowed to stay free during appeals, and he is sentenced to less than two years, he will serve his time in a county facility. If he is sentenced to two years or more, he will go to state prison, initially State Correctional Institution Phoenix, a new facility in the Philadelphia suburbs where he will be evaluated, according to Amy Worden, a spokeswoman for the Pennsylvania Department of Corrections.
Pennsylvania has several places equipped to care for older or frail inmates, and Mr. Cosby would share a two-person cell or could be kept alone in solitary confinement if his safety is at risk or he is judged to be a threat to others.