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| Bill Cosby Sentencing: He Is Not a Predator, Psychologist Testifies | |
| (about 2 hours later) | |
| • Bill Cosby arrived in court in Norristown, Pa., on Tuesday to be sentenced for drugging and sexually assaulting Andrea Constand at his home near Philadelphia 14 years ago. Prosecutors have asked that he be sentenced to the maximum: 10 years in prison. | • Bill Cosby arrived in court in Norristown, Pa., on Tuesday to be sentenced for drugging and sexually assaulting Andrea Constand at his home near Philadelphia 14 years ago. Prosecutors have asked that he be sentenced to the maximum: 10 years in prison. |
| • Timothy Foley, a forensic psychologist and defense witness, testified that Mr. Cosby’s age, 81, blindness, and frailty meant the risk of him re-offending was “extraordinarily low”. | |
| • Mr. Cosby will be given an opportunity to speak to the court before the sentence is handed down. It’s not clear whether he will, and it’s almost certain that he won’t express remorse because he plans on appealing his conviction. | • Mr. Cosby will be given an opportunity to speak to the court before the sentence is handed down. It’s not clear whether he will, and it’s almost certain that he won’t express remorse because he plans on appealing his conviction. |
| • He is likely to be incarcerated, experts say, though it is unclear for how long. His lawyer on Monday had asked for a sentence of house arrest. | • He is likely to be incarcerated, experts say, though it is unclear for how long. His lawyer on Monday had asked for a sentence of house arrest. |
| • Still to be decided: whether Mr. Cosby should be classified as a “sexually violent predator,” a finding under Pennsylvania law that could lead to a sentence at the higher end of the range. | • Still to be decided: whether Mr. Cosby should be classified as a “sexually violent predator,” a finding under Pennsylvania law that could lead to a sentence at the higher end of the range. |
| NORRISTOWN, Pa. — Bill Cosby will be sentenced here Tuesday after testimony by a psychologist for the defense, who said the entertainer is not a sexually violent predator. | |
| The expert, Timothy Foley, contradicted a psychologist representing Pennsylvania’s Sexual Offenders Assessment Board who testified Monday, the first day of Mr. Cosby’s sentencing hearing, that he had demonstrated a lifetime interest in sex with nonconsenting women, which indicated a mental abnormality. | |
| The determination of whether a defendant is a sexually violent predator can be a factor in sentencing and in the conditions imposed both in prison and afterward. | The determination of whether a defendant is a sexually violent predator can be a factor in sentencing and in the conditions imposed both in prison and afterward. |
| “I found him to be extraordinarily low risk,” Dr. Foley said. | |
| He came to his opinion, he said, after he met with Mr. Cosby for three hours on July 18 and also after reviewing some records. He said he had read none of the trial records or depositions in the case. | |
| M. Stewart Ryan, a prosecutor, asked whether he was aware that Mr. Cosby had admitted to giving seven prescriptions of qualuudes to give to women for sex. Dr. Foley said he wasn’t. | |
| Dr. Foley also said he didn’t know that five other women had testified at trial that they had been assaulted by Mr. Cosby. | |
| Mr. Cosby’s lawyer, Joseph P. Green, argued Monday that Mr. Cosby’s age, 81, and the fact he is legally blind, meant he was no risk, especially since there have been no new allegations of sexual abuse leveled against him since 2004. | Mr. Cosby’s lawyer, Joseph P. Green, argued Monday that Mr. Cosby’s age, 81, and the fact he is legally blind, meant he was no risk, especially since there have been no new allegations of sexual abuse leveled against him since 2004. |
| “How’s he going to meet these people?” Mr. Green said. “There is no reasonable prospect that an 81-year-old blind man is likely to reoffend.” | “How’s he going to meet these people?” Mr. Green said. “There is no reasonable prospect that an 81-year-old blind man is likely to reoffend.” |
| But the psychologist for the state panel, 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. | But the psychologist for the state panel, 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. |
| The final decision rests with Judge Steven T. O’Neill, who is presiding over the hearing. | The final decision rests with Judge Steven T. O’Neill, who is presiding over the hearing. |
| Once Judge O’Neill has made his ruling on the predator question, which is expected midmorning Tuesday, he will proceed with sentencing, which could lead, later in the day, to one of the world’s best-known entertainers entering a prison cell. | Once Judge O’Neill has made his ruling on the predator question, which is expected midmorning Tuesday, he will proceed with sentencing, which could lead, later in the day, to one of the world’s best-known entertainers entering a prison cell. |
| Mr. Cosby was convicted in April of drugging and assaulting Andrea Constand, a former Temple University employee to whom he had been a mentor. | Mr. Cosby was convicted in April of drugging and assaulting Andrea Constand, a former Temple University employee to whom he had been a mentor. |
| Ms. Constand spoke in court on Monday, along with her mother, father and sister. 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.” | Ms. Constand spoke in court on Monday, along with her mother, father and sister. 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.” |
| But the most dramatic moment of the hearing may be yet to come if Mr. Cosby finally speaks at length to the many accusations that have been leveled against him. Though he has denied sexually abusing any of the women who have accused him, he has not addressed the matter in a sustained way. | But the most dramatic moment of the hearing may be yet to come if Mr. Cosby finally speaks at length to the many accusations that have been leveled against him. Though he has denied sexually abusing any of the women who have accused him, he has not addressed the matter in a sustained way. |
| Most experts say they do not anticipate that Mr. Cosby will express remorse because his team has already announced his plan to appeal his conviction. Nevertheless, Judge O’Neill encouraged him to speak. | Most experts say they do not anticipate that Mr. Cosby will express remorse because his team has already announced his plan to appeal his conviction. Nevertheless, Judge O’Neill encouraged him to speak. |
| “I hope that if he so chooses he will get the last word,” Judge O’Neill said. | “I hope that if he so chooses he will get the last word,” Judge O’Neill said. |
| At least seven women who have accused Mr. Cosby of similar acts of sexual abuse were in the courtroom Monday to watch the sentencing, including three who testified at the trial in April. Expect many of them to return on Tuesday. | At least seven women who have accused Mr. Cosby of similar acts of sexual abuse were in the courtroom Monday to watch the sentencing, including three who testified at the trial in April. Expect many of them to return on Tuesday. |
| But Mrs. Cosby? She was absent Monday. Will she be there Tuesday? | But Mrs. Cosby? She was absent Monday. Will she be there Tuesday? |
| 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. | 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. |
| But Judge O’Neill chose on Monday to merge the counts into one, as is 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. | But Judge O’Neill chose on Monday to merge the counts into one, as is 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. |
| Judge O’Neill will consider state guidelines that recommend, but do not mandate, appropriate sentence ranges. Those guidelines, which take into account any previous criminal record (Mr. Cosby has none), the seriousness of the offense, and mitigating and aggravating factors, suggest a range of about 10 months to four years, But Judge O’Neill has great leeway, and prosecutors on Monday asked him to sentence Mr. Cosby to a maximum five-to-10-year term. | Judge O’Neill will consider state guidelines that recommend, but do not mandate, appropriate sentence ranges. Those guidelines, which take into account any previous criminal record (Mr. Cosby has none), the seriousness of the offense, and mitigating and aggravating factors, suggest a range of about 10 months to four years, But Judge O’Neill has great leeway, and prosecutors on Monday asked him to sentence Mr. Cosby to a maximum five-to-10-year term. |
| Kevin R. Steele, the Montgomery County District Attorney, said the judge should use the sentencing to send a wider message. | Kevin R. Steele, the Montgomery County District Attorney, said the judge should use the sentencing to send a wider message. |
| “The bottom line, your honor, is nobody’s above the law,” said Mr. Steele. “Others in a similar situation need to understand that.” | “The bottom line, your honor, is nobody’s above the law,” said Mr. Steele. “Others in a similar situation need to understand that.” |
| Mr. Cosby’s lawyers have filed several motions suggesting that they will pursue an appeal that challenges the judge’s rulings and even the judge’s personal integrity. | Mr. Cosby’s lawyers have filed several motions suggesting that they will pursue 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 bond during the appeal process, which could take years. | A key question for Tuesday will be whether Mr. Cosby is allowed to remain out on bond during the appeal process, which 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. | 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. |
| On Monday, 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.” | On Monday, 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.” |
| But prosecutors rejected defense arguments that Mr. Cosby would be victimized in a prison because of his age and his blindness, and said that state correctional authorities have experience dealing with inmates Mr. Cosby’s age and older. | But prosecutors rejected defense arguments that Mr. Cosby would be victimized in a prison because of his age and his blindness, and said that state correctional authorities have experience dealing with inmates Mr. Cosby’s age and older. |