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Bill Cosby Sentencing Updates: Judge Rules He Is a Sexually Violent Predator Bill Cosby Sentencing Updates: Judge Rules He Is a Sexually Violent Predator
(35 minutes 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 is in court in Norristown, Pa., where on Tuesday he will 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.
• Judge Steven T. O’Neill upheld a state board’s finding that Mr. Cosby is a sexually violent predator.• Judge Steven T. O’Neill upheld a state board’s finding that Mr. Cosby is a sexually violent predator.
• Timothy Foley, a forensic psychologist and defense witness, had testified earlier that Mr. Cosby’s age, 81, blindness, and frailty meant the risk of him re-offending was “extraordinarily low.” • Timothy Foley, a forensic psychologist and defense witness, had testified earlier that Mr. Cosby’s age, 81, blindness, and frailty meant the risk of him reoffending 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. • The court released Ms. Constand’s full victim impact statement, in which she wrote: “Bill Cosby took my beautiful, healthy young spirit and crushed it.”
• 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. • Mr. Cosby declined an opportunity to address the court before his sentence is handed down.
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. • He is likely to be incarcerated, experts say, though it is unclear for how long. His lawyer has asked for a sentence of house arrest.
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. NORRISTOWN, Pa. — Bill Cosby will be sentenced here Tuesday by Judge Steven T. O’Neill who ruled earlier in the day that Mr. Cosby qualified as a “sexually violent predator” under Pennsylvania law.
His decision came after testimony by a psychologist for the defense, who said Mr. Cosby did not deserve that classification. The expert, Timothy Foley, said Mr. Cosby was no longer a threat to anyone and he contradicted a psychologist representing Pennsylvania’s Sexual Offenders Assessment Board who testified Monday, the first day of Mr. Cosby’s sentencing hearing. That psychologist had said Mr. Cosby 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.“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.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 getting seven prescriptions of quaaludes to give to women for sex. Dr. Foley said he wasn’t.M. Stewart Ryan, a prosecutor, asked whether he was aware that Mr. Cosby had admitted to getting seven prescriptions of quaaludes 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.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 rested with Judge O’Neill, who upheld the board’s finding that Mr. Cosby is a sexually violent predator. The final decision by Judge O’Neill upheld the board’s finding. He said the state had met “a clear and convincing standard.”
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 Mr. Cosby told the judge Tuesday through his lawyer that he did not intend to speak before sentencing, expected Tuesday afternoon.
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. Mr. Cosby has denied all the accusations against him and most experts say they did not anticipate he would express remorse because his team has already announced plans to appeal his conviction.
“I hope that if he so chooses he will get the last word,” Judge O’Neill said. He did answer a few procedural questions, and asked a question as prosecutors led him through a list of his duties now that he will be a registered sex offender for the rest of his life. “If I went from a city to another city do I have to, even if it’s just overnight, I have to get in touch with the state police?” Mr. Cosby said. Mr. Ryan, the prosecutor, said he should consult his lawyer.
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. Nine women who have accused Mr. Cosby of similar acts of sexual abuse were in the courtroom Tuesday to watch the sentencing, including three who testified at the trial in April.
But Mrs. Cosby? She was absent Monday. Will she be there Tuesday? But Mrs. Cosby was not there.
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 originally 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 has to 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 Monday 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 lawyer, Mr. Green, argued Tuesday for house arrest, suggesting that prison would be too harsh a sentence for a “blind octogenarian first offender.”
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 said 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.