A law firm for Bill Cosby thinks his sexual intercourse assault conviction should be thrown out, for the reason that he endured “unquantifiable prejudice” at the arms of prosecutors.
Jennifer Bonjean, a member of the fallen funnyman’s appeals group, appeared at a virtual listening to in Pennsylvania Supreme Court on Tuesday to battle his 2018 conviction.
“Consensus surely ought to be achieved that Mr. Cosby endured unquantifiable prejudice wherever the PBA evidence (or the prior undesirable act proof) confused his second demo, changing it from a trial on a one offence to a trial of his character,” Bonjean advised the seven-choose panel.
Cosby’s enchantment is two-pronged, he is fighting his conviction primarily based off of testimony of 5 females who prosecutors mentioned proved his sample of predatory conduct, as nicely as a deposition that was used at demo in which the actor admitted to supplying Quaaludes to gals just before intercourse.
Cosby sat for the 2005-2006 deposition, Bonjean argued, beneath the promise from then-Montgomery County District Legal professional Bruce Castor that the comic would never ever face criminal rates for the conduct.
“He had to testify in get to not be prosecuted,” Bonjean claimed.
Cosby was in the end convicted on a few counts of aggravated indecent assault after drugging previous friend Andrea Constand and molesting her in 2004 at his Philadelphia mansion.
She also argued that the accounts from the five accusers (testimony that was not introduced at his 1st demo, which finished in a hung jury) had been too dissimilar to Constand’s to have been permitted.
“The sexual acts were diverse. The nature of intoxicants was distinctive,” she reported.
The 83-calendar year-outdated, lawfully blind disgraced star, finest recognised for his fatherly purpose as Dr. Cliff Huxtable on “The Cosby Show,” is serving a a few- to 10-12 months sentence in a point out jail in the vicinity of Philly.
At the very least one particular of the justices appeared to side with Cosby on the prior-negative-functions argument.
“I understand your argument. I are likely to concur this evidence was terribly prejudicial to your shopper,” explained Pennsylvania Supreme Courtroom Justice Max Baer, “but there’s a trial courtroom discretion component in this article.”
Baer was referring to demo Decide Steven O’Neill’s decision to allow for testimony from the five witnesses, a shift he mentioned showed the comedian experienced a “signature” intercourse-assault pattern.
Montgomery County DA Kevin Steele’s authorized team, led by Adrienne Jappe, argued on Tuesday that each of Cosby’s arguments have previously been ruled on by O’Neill and the Pennsylvania Outstanding Court, the state’s intermediate appellate court.
“The defendant engaged in a decades-long signature predatory pattern of searching for out and intentionally isolating younger ladies so he could intoxicate them for the ultimate goal of sexually assaulting them,” claimed Jappe.
Deputy District Legal professional Robert Falin also mentioned that Cosby’s arrangement with Castor was not iron-clad.
“That does not give a defendant license to say, ‘Wow, that’s transactional immunity,’” he mentioned.
The judges will rule on Cosby’s scenario at a later on day.