FILE - In this Sept. 24, 2018 file photo Bill Cosby arrives for his sentencing hearing at the Montgomery County Courthouse in Norristown, Pa. A Pennsylvania appeals court has rejected Cosby’s bid to overturn his sexual assault conviction. The ruling Monday, Dec. 10, 2019, was being closely watched as Cosby was the first celebrity tried and convicted in the #MeToo era. Defense lawyers say the trial judge improperly allowed five other accusers to testify. (AP Photo/Matt Slocum, File)

Bill Cosby loses appeal of sexual assault conviction

Cosby, 82, can now ask the state Supreme Court to consider his appeal

A Pennsylvania appeals court rejected Bill Cosby’s bid to overturn his sexual assault conviction Tuesday over issues including the trial judge’s decision to let five other accusers testify.

The Superior Court ruling was being closely watched because Cosby was the first celebrity tried and convicted in the #MeToo era. The same issue was hard-fought in pretrial hearings before movie mogul Harvey Weinstein’s sexual assault trial.

Cosby’s lawyers in his appeal said the suburban Philadelphia judge had improperly allowed the five women to testify at last year’s retrial although he’d let just one woman testify at the first trial in 2017.

But the Superior Court said Pennsylvania law allows the testimony if it shows Cosby had a “signature” pattern of drugging and molesting women.

“Here, the (prior bad act) evidence established appellant’s unique sexual assault playbook,” the court said, noting that “no two events will ever be identical.”

The court went on to say that the similarities were no accident.

“Not only did the (prior bad act) evidence tend to establish a predictable pattern of criminal sexual behaviour unique to appellant, it simultaneously tended to undermine any claim that appellant was unaware of or mistaken about victim’s failure to consent to the sexual contact that formed the basis of the aggravated indecent assault charges,” the panel said in its ruling.

Lawyers for Cosby had argued eight issues on appeal, including the judge’s decision to let prosecutors use portions of a deposition he gave in the accuser’s related civil suit. His lawyers also argued that he had a binding promise from a former prosecutor that he would never be charged in the case and could testify freely at a deposition in accuser Andrea Constand’s related lawsuit.

The appeals court rejected those arguments and upheld the judge’s classification of Cosby as a sexually violent predator.

Cosby, 82, can now ask the state Supreme Court to consider his appeal.

READ MORE: Bill Cosby gets 3-10 years in prison for sexual assault

He has been serving a three- to 10-year prison term for the 2004 encounter at his suburban Philadelphia home, which he deemed consensual.

He was arrested a decade later, after a federal judge unsealed portions of the deposition at the request of The Associated Press and new prosecutors reopened the criminal case.

The Superior Court panel, in arguments in Harrisburg in August, asked why Cosby’s lawyers didn’t get a written immunity agreement and have it approved by a judge, instead of relying on an oral promise.

“This is not a low-budget operation we were operating here. They had an unlimited budget,” said Superior Court Judge John T. Bender, who questioned whether any court would have approved the deal.

Judge Steven O’Neill’s decision to let the other accusers testify came after more than 60 women accused Cosby of sexual misconduct. Prosecutors asked to call 19 of them. Superior Court Judge John Bender appeared to agree with O’Neill’s logic in letting some take the stand.

“The reality of it is, he gives them drugs and then he sexually assaults them. And in four out of the five, those were in mentor situations,” Bender said.

Kristen L. Weisenberger, representing Cosby, said one of the women wasn’t even sure she was sexually assaulted. However, prosecutors said, that’s how Cosby planned it.

O’Neill had allowed just one other accuser at Cosby’s first trial in 2017, when the jury deadlocked. Cosby’s lawyers called his later decision to let more women testify arbitrary and prejudicial.

The long-married Cosby, once beloved as “America’s Dad” for his TV role as Dr. Cliff Huxtable on the hugely popular sitcom “The Cosby Show,” has acknowledged having sexual contact with a string of younger women, many of whom came to him for career advice and took alcohol or pills he offered them.

He and his lawyers and agents have suggested that many of the accusers were gold diggers seeking money or fame. He told a news outlet in November that he expects to serve the maximum 10-year sentence if he loses the appeal, because he would never express remorse to the parole board.

Cosby agreed to pay Constand, a former Temple University basketball team manager, about $3.4 million to settle her lawsuit. His insurance company, following his conviction, settled at least nine other defamation lawsuits filed by accusers for undisclosed sums.

The AP does not typically identify sexual assault victims without their permission, which Constand has granted.

___

Maryclaire Dale, The Associated Press


Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A worker restored a downed power line in Langley Township. (Dan Ferguson/Langley Advance Times)
Man electrocuted by hydro power line after workplace incident in Langley

Area of 232nd Street and Old Yale Road was blocked Monday

Volunteers helped install new windows as part of Acts of Kindness’ mini home makeover. (Anderline Bredy/Special to the Aldergrove Star)
Acts of Kindness volunteers fix windows and sidings for family in need

Project was done as part of the annual Extreme Home Repair, which has been postponed due to COVID

Fraser Health has added two more Langley schools to its list of COVID-19 exposures. (Joti Grewal/Langley Advance Times)
Two more Langley schools added to COVID-19 exposure list

Families of Langley Secondary and Dorothy Peacock Elementary were notified, district says

John Horgan meets with candidates Pam Alexis and Preet Rai and local citizens in Abbotsford on Wednesday afternoon. (Submitted)
NDP Leader John Horgan campaigns in Abbotsford with local candidates

Horgan meets with hopefuls Pam Alexis and Preet Rai on Wednesday afternoon

Swimco announced recently it is shutting all of its stores in Canada, including in Langley. (Swimco website)
Canadian-owned swimsuit chain bankrupt

Swimco had been in creditor protection for several months

Provincial health officer Dr. Bonnie Henry presents modelling of COVID-19 spread in B.C., March 25, 2020. (B.C. government photo)
B.C. sets another COVID-19 record with 203 new cases

up to 1,766 active cases in B.C., two more deaths

More and more electric cars are on the road, but one Chevy Bolt owner was shocked to see how much his BC Hydro bill skyrocketed once he started charging the vehicle. (Black Press file photo)
Lower Mainland man sees significant spike in BC Hydro bill after buying electrical vehicle

An increase should be expected, but Brian Chwiendacz experienced a 200-plus per cent hike

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

The Anonymous YVR is an Instagram page that reviews restaurants and other establishments around B.C. based on how well they adhere to COVID-19 rules. (Instagram)
Anonymous Instagram page reviews COVID-19 safety measures at B.C. businesses

There are a number of public health orders various types of establishments must follow to slow virus’s spread

The Vancouver Canucks and Abbotsford’s Jake Virtanen have agreed to a two-year deal with an average annual salary of $2.55 million. (@Canucks Twitter photo)
Abbotsford’s Jake Virtanen, Vancouver Canucks agree to two-year deal

Two sides avoid arbitration, Virtanen will receive average annual salary of $2.55 million

Most Read