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| Bill Cosby Loses Appeal of Sexual Assault Conviction | Bill Cosby Loses Appeal of Sexual Assault Conviction |
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| A panel of three appellate judges on Tuesday rejected Bill Cosby’s appeal of his 2018 sexual assault conviction, upholding a verdict that represents one of the most high-profile convictions of the #MeToo era. | A panel of three appellate judges on Tuesday rejected Bill Cosby’s appeal of his 2018 sexual assault conviction, upholding a verdict that represents one of the most high-profile convictions of the #MeToo era. |
| The judges in the Pennsylvania Superior Court voted unanimously against Mr. Cosby’s appeal, rejecting his lawyers’ arguments that Mr. Cosby had been denied a fair trial when he was convicted last year of drugging and sexually assaulting Andrea Constand at his home outside Philadelphia in 2004 after giving her some pills. | The judges in the Pennsylvania Superior Court voted unanimously against Mr. Cosby’s appeal, rejecting his lawyers’ arguments that Mr. Cosby had been denied a fair trial when he was convicted last year of drugging and sexually assaulting Andrea Constand at his home outside Philadelphia in 2004 after giving her some pills. |
| Mr. Cosby, 82, is serving a three- to 10-year sentence at SCI Phoenix, a maximum-security facility outside Philadelphia. He had filed a formal appeal to his sexual assault conviction in June, arguing, among other things, that he had been improperly convicted when the judge presiding at his trial allowed into evidence the testimony of five other women who, like Ms. Constand, said Mr. Cosby had drugged and sexually assaulted them. | Mr. Cosby, 82, is serving a three- to 10-year sentence at SCI Phoenix, a maximum-security facility outside Philadelphia. He had filed a formal appeal to his sexual assault conviction in June, arguing, among other things, that he had been improperly convicted when the judge presiding at his trial allowed into evidence the testimony of five other women who, like Ms. Constand, said Mr. Cosby had drugged and sexually assaulted them. |
| The decision Tuesday significantly reduces the prospect that Mr. Cosby will be freed from prison as he would now need to convince Pennsylvania’s Supreme Court to take up the case, or persuade the appellate court that just ruled to reconsider its findings. | The decision Tuesday significantly reduces the prospect that Mr. Cosby will be freed from prison as he would now need to convince Pennsylvania’s Supreme Court to take up the case, or persuade the appellate court that just ruled to reconsider its findings. |
| His conviction in 2018 capped the downfall of one of the world’s best-known and most popular entertainers, and offered a measure of closure to the dozens of women who for years had accused him of similar assaults. To many of them, the verdict was a momentous development, one that reflected that, going forward, the accounts of female accusers might be afforded greater weight and credibility by jurors. | His conviction in 2018 capped the downfall of one of the world’s best-known and most popular entertainers, and offered a measure of closure to the dozens of women who for years had accused him of similar assaults. To many of them, the verdict was a momentous development, one that reflected that, going forward, the accounts of female accusers might be afforded greater weight and credibility by jurors. |
| In their 94-page decision, the appeals judges upheld the verdict, Mr. Cosby’s sentencing and sided with the trial judge, Judge Steven T. O’Neill, of the Montgomery County Court of Common Pleas, who had agreed to let in testimony from five of 19 women sought by the prosecution. | In their 94-page decision, the appeals judges upheld the verdict, Mr. Cosby’s sentencing and sided with the trial judge, Judge Steven T. O’Neill, of the Montgomery County Court of Common Pleas, who had agreed to let in testimony from five of 19 women sought by the prosecution. |
| In Pennsylvania and many other states, testimony concerning prior alleged crimes is allowed if, among other conditions, it demonstrates a signature pattern of abuse. Its inclusion is rare, though prosecutors in Manhattan are now attempting to introduce evidence from other women in criminal cases that have been brought against the fallen Hollywood producer Harvey Weinstein and the actor Cuba Gooding Jr. | In Pennsylvania and many other states, testimony concerning prior alleged crimes is allowed if, among other conditions, it demonstrates a signature pattern of abuse. Its inclusion is rare, though prosecutors in Manhattan are now attempting to introduce evidence from other women in criminal cases that have been brought against the fallen Hollywood producer Harvey Weinstein and the actor Cuba Gooding Jr. |
| In the ruling in Pennsylvania, the appeals court rejected arguments by Mr. Cosby’s lawyers that the acts recounted by the women were too disparate to represent a pattern, stating, “It is impossible for two incidents of sexual assault involving different victims to be identical in all respects.” | In the ruling in Pennsylvania, the appeals court rejected arguments by Mr. Cosby’s lawyers that the acts recounted by the women were too disparate to represent a pattern, stating, “It is impossible for two incidents of sexual assault involving different victims to be identical in all respects.” |
| The judges found instead that the accounts indeed represented a “distinct, signature pattern,” namely that Mr. Cosby had acted as a mentor to gain women’s trust and then used drugs to sexually assault them, calling it at one point “the Appellant’s unique sexual assault playbook.” | The judges found instead that the accounts indeed represented a “distinct, signature pattern,” namely that Mr. Cosby had acted as a mentor to gain women’s trust and then used drugs to sexually assault them, calling it at one point “the Appellant’s unique sexual assault playbook.” |
| A spokesman for Mr. Cosby, Andrew Wyatt, said the decision was disappointing but Mr. Cosby would continue to appeal. | A spokesman for Mr. Cosby, Andrew Wyatt, said the decision was disappointing but Mr. Cosby would continue to appeal. |
| He said Mr. Cosby’s wife, Camille, had relayed the news to her husband in a call to the prison and that Mr. Cosby remained defiant. | He said Mr. Cosby’s wife, Camille, had relayed the news to her husband in a call to the prison and that Mr. Cosby remained defiant. |
| “Mr. Cosby remains hopeful, and he stands behind his innocence,” Mr. Wyatt said in a statement, adding, “It’s obvious that these judges’ minds were made up because they didn’t take the time to dissect Mr. Cosby’s appeal.” | “Mr. Cosby remains hopeful, and he stands behind his innocence,” Mr. Wyatt said in a statement, adding, “It’s obvious that these judges’ minds were made up because they didn’t take the time to dissect Mr. Cosby’s appeal.” |
| Ms. Constand said the decision had brought some closure. “My family and I have always believed that there would be better days ahead for sexual assault survivors,” she said in an email. “Today is one of those days.” | Ms. Constand said the decision had brought some closure. “My family and I have always believed that there would be better days ahead for sexual assault survivors,” she said in an email. “Today is one of those days.” |
| In a statement, the Montgomery County district attorney, Kevin R. Steele, praised Ms. Constand and said her case had helped other women. | In a statement, the Montgomery County district attorney, Kevin R. Steele, praised Ms. Constand and said her case had helped other women. |
| “Her bravery in coming forward when she did to report a sexual assault by a powerful, famous man led to the subsequent exposure of him as a serial predator,” he said, “and served as an example to other women, giving them the needed courage to step up and stand up against sexual assault.” | “Her bravery in coming forward when she did to report a sexual assault by a powerful, famous man led to the subsequent exposure of him as a serial predator,” he said, “and served as an example to other women, giving them the needed courage to step up and stand up against sexual assault.” |
| Lynne M. Abraham, a lawyer and former Philadelphia district attorney, said the state’s Supreme Court justices granted few appeals, but if they decided to re-examine the case they would likely review the decision to admit the testimony from so-called “prior bad acts” witnesses since this was such a potentially significant moment in any criminal trial. | |
| “They may think, ‘We may decide the same thing, but we will write another opinion on it so that people realize it is not a blanket rule,’” she said. | “They may think, ‘We may decide the same thing, but we will write another opinion on it so that people realize it is not a blanket rule,’” she said. |
| Mr. Cosby’s conviction came at a second trial after a first trial ended in 2017 with a hung jury. | Mr. Cosby’s conviction came at a second trial after a first trial ended in 2017 with a hung jury. |
| On appeal, his lawyers had argued that, when Ms. Constand’s accusations were first investigated in 2005, Bruce L. Castor Jr., the district attorney at the time, had made a binding pledge not to prosecute him in the case. Mr. Cosby said that Mr. Castor’s assurance had induced him to give deposition testimony in a subsequent civil suit filed by Ms. Constand that ultimately was used by the prosecution at trial. In the deposition, Mr. Cosby said he had obtained quaaludes as part of his pursuit of having sex with women. | On appeal, his lawyers had argued that, when Ms. Constand’s accusations were first investigated in 2005, Bruce L. Castor Jr., the district attorney at the time, had made a binding pledge not to prosecute him in the case. Mr. Cosby said that Mr. Castor’s assurance had induced him to give deposition testimony in a subsequent civil suit filed by Ms. Constand that ultimately was used by the prosecution at trial. In the deposition, Mr. Cosby said he had obtained quaaludes as part of his pursuit of having sex with women. |
| Though Mr. Castor testified at a hearing to having made such a promise, the appellate panel found it was only a court, and not Mr. Castor, that had the power to grant such immunity. “Such promises exist only as exercises of prosecutorial discretion and may be revoked at any time,” the appellate panel said. | Though Mr. Castor testified at a hearing to having made such a promise, the appellate panel found it was only a court, and not Mr. Castor, that had the power to grant such immunity. “Such promises exist only as exercises of prosecutorial discretion and may be revoked at any time,” the appellate panel said. |
| The panel also rejected the argument that Mr. Cosby’s trial had been unfair because Judge O’Neill failed to remove a juror the defense said was biased. Mr. Cosby’s lawyers had asked for the removal, citing the account of another prospective juror who had said she overheard the juror saying Mr. Cosby was guilty. | The panel also rejected the argument that Mr. Cosby’s trial had been unfair because Judge O’Neill failed to remove a juror the defense said was biased. Mr. Cosby’s lawyers had asked for the removal, citing the account of another prospective juror who had said she overheard the juror saying Mr. Cosby was guilty. |
| But the appellate judges supported the trial court’s finding that the accusation was not credible, citing the fact that the accused juror denied it and no one else had heard the remark. | But the appellate judges supported the trial court’s finding that the accusation was not credible, citing the fact that the accused juror denied it and no one else had heard the remark. |
| Several of the many other women who have accused Mr. Cosby of assaulting them were relieved at the news that his appeal had failed. | Several of the many other women who have accused Mr. Cosby of assaulting them were relieved at the news that his appeal had failed. |
| “This decision is a further shift toward believing women,” said Lili Bernard, an actress who accused Mr. Cosby of drugging and raping her in the 1990s. “The justice system is finally catching up with modern culture.” | “This decision is a further shift toward believing women,” said Lili Bernard, an actress who accused Mr. Cosby of drugging and raping her in the 1990s. “The justice system is finally catching up with modern culture.” |
| In a telephone interview from prison last month, Mr. Cosby told a reporter from BlackPressUSA that he would never admit to a crime he says he did not do. | In a telephone interview from prison last month, Mr. Cosby told a reporter from BlackPressUSA that he would never admit to a crime he says he did not do. |
| “When I come up for parole, they’re not going to hear me say that I have remorse,” he said. “I was there. I don’t care what group of people come along and talk about this when they weren’t there. They don’t know.” | “When I come up for parole, they’re not going to hear me say that I have remorse,” he said. “I was there. I don’t care what group of people come along and talk about this when they weren’t there. They don’t know.” |
| Janice Baker-Kinney, who testified at the trial that Mr. Cosby had assaulted her in 1982, said in an interview that she was concerned that he has continued to maintain his innocence. | Janice Baker-Kinney, who testified at the trial that Mr. Cosby had assaulted her in 1982, said in an interview that she was concerned that he has continued to maintain his innocence. |
| “He continues to deny his crime, and he shows absolutely no remorse,” she said. “I hope and pray he will serve out his sentence now and find some humility.” | “He continues to deny his crime, and he shows absolutely no remorse,” she said. “I hope and pray he will serve out his sentence now and find some humility.” |