The iconic Bill Cosby is still currently in prison for sexual assault, but his lawyers are trying to get the conviction overturned. In a report Page Six, a lawyer for Bill Cosby believes his sex assault conviction should be thrown out.
Jennifer Bonjean, a member of the fallen funnyman’s appeals team, appeared at a A virtual hearing in Pennsylvania Supreme Court on Tuesday took place. His laywer Jennifer Bonjean stated the following, “Consensus surely must be reached that Mr. Cosby suffered unquantifiable prejudice where the PBA evidence — or the prior bad act evidence — overwhelmed his second trial, converting it from a trial on a single offense to a trial of his character.”
The lawyers are basing the overturn on two issues. One includes the conviction based off of testimony of five women who prosecutors said proved his pattern of predatory behavior. The other is a deposition that was used at trial in which the actor admitted to giving Quaaludes to women before sex.
“He had to testify in order to not be prosecuted,” Bonjean said.
Bonjean’s argument is that Cosby was promised by then-Montgomery County District Attorney Bruce Castor that the “Cosby Show” star would never face criminal charges for the actions.
The other item in dispute was the account of the five accusers. Cosby’s lawyer claims that testimony was not presented at his first trial which ended in a hung jury were too dissimilar to Constand’s to have been permitted.
“The sexual acts were different. The nature of intoxicants was different,” she said.
At least one of the justices appeared to side with Cosby on the prior bad acts argument.
“I understand your argument. I tend to agree this evidence was extraordinarily prejudicial to your client,” said Pennsylvania Supreme Court Justice Max Baer, “but there’s a trial court discretion component here.”
Baer was referring to trial Judge Steven O’Neill’s decision to allow testimony from the five witnesses, a move he said showed the comic had a “signature” sex-assault pattern.
Montgomery County DA Kevin Steele’s legal team, led by Adrienne Jappe, argued on Tuesday that both of Cosby’s arguments have already been ruled on by O’Neill and the Pennsylvania Superior Court, the state’s intermediate appellate court.
“The defendant engaged in a years-long signature predatory pattern of seeking out and intentionally isolating young women so he could intoxicated them for the ultimate purpose of sexually assaulting them,” said Jappe.
Deputy District Attorney Robert Falin also noted that Cosby’s agreement with Castor wasn’t iron-clad.
“That does not give a defendant license to say, ‘Wow, that’s transactional immunity,’” he said.
The judges will rule on Cosby’s case at a later date.
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