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| Bill Cosby Sentencing: Live Updates on Sexual Assault Conviction | Bill Cosby Sentencing: Live Updates on Sexual Assault Conviction |
| (35 minutes later) | |
| • Bill Cosby arrived in court in Norristown, Pa., Monday to be sentenced for drugging and sexually assaulting Andrea Constand at his home near Philadelphia 14 years ago. | • Bill Cosby arrived in court in Norristown, Pa., Monday to be sentenced for drugging and sexually assaulting Andrea Constand at his home near Philadelphia 14 years ago. |
| • He is likely to be incarcerated, though it is unclear for what length of time. 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 what length of time. 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. | |
| • 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. — 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. | 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. |
| 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 faces a maximum 30-year prison term, 10 years for each of three counts of aggravated indecent assault he was convicted of. |
| 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. | 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. |
| 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. | 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. |
| 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. | 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. |
| (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.) | (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.) |
| But Judge O’Neill has wide discretion in determining the sentence. | 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. | 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 and sister. | Ms. Constand was also in the room, accompanied by her mother and sister. |
| 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. | 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. |
| 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. | 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. |
| 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. | 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. |
| 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. | 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. |
| To bolster its arguments, the defense team may present witnesses to discuss, for example, his good character or any good works. | To bolster its arguments, the defense team may present witnesses to discuss, for example, his good character or any good works. |
| 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. | 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. |
| “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.” | “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.” |
| Judge O’Neill will have to decide whether he agrees with a Pennsylvania state board recommendation that Bill Cosby be classified as a “sexually violent predator,” an assessment that could affect the severity of his sentence and the conditions imposed on him in prison and afterward. | Judge O’Neill will have to decide whether he agrees with a Pennsylvania state board recommendation that Bill Cosby be classified as a “sexually violent predator,” an assessment that could affect the severity of his sentence and the conditions imposed on him in prison and afterward. |
| The court will hear the findings of a pre-sentencing investigation and a mental health evaluation. Those reports will help give a broader view of Mr. Cosby’s life and character to inform Judge O’Neill’s decision. | The court will hear the findings of a pre-sentencing investigation and a mental health evaluation. Those reports will help give a broader view of Mr. Cosby’s life and character to inform Judge O’Neill’s decision. |
| “We might learn more about Bill Cosby, who is this person, who are we dealing with, because what we see on TV is an act,” said Lynne M. Abraham, a former Philadelphia judge and prosecutor. | “We might learn more about Bill Cosby, who is this person, who are we dealing with, because what we see on TV is an act,” said Lynne M. Abraham, a former Philadelphia judge and prosecutor. |
| 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. | 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. |
| 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. | 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. |
| 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 Ms. Ashcroft, the 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. | 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. | 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. |