NORRISTOWN, PENNSYLVANIA — Bill Cosby, who for a half-century reigned as one of America’s most prominent and universally adored entertainers until a multitude of women publicly accused him of sexual violence, was sentenced Tuesday to three to 10 years in a state prison.
Cosby was also classified as a sexually violent predator. He will be required to register with the Pennsylvania state police for the rest of his life.
As soon as the sentence was read, Joseph Green, Cosby’s attorney, leapt up and requested bail while Cosby appeals.
“He is a risk,” Judge Steven T. O’Neill replied. “I’m not going to treat him differently than anybody who comes through this courtroom.”
“What sexually violent predator gets bail?” asked district attorney Kevin Steele. “He’s been sentenced to state prison. He’s been proven to be a sexually violent predator.”
After a brief recess, Judge O’Neill determined Cosby would be denied bail.
“This is a serious crime, he was convicted for. This is a sexual assault crime. I know the testimony dealt with whether he would be likely to recidivate or be a danger to the community… He could quite possibly be a danger to the community… He will be denied bail, pending appeal. I will revisit that if you file a post-sentence motion with the court.”
In April, Cosby was convicted on three counts of aggravated indecent assault for the drugging and sexual assault of Andrea Constand at his home in 2004. Of the more than 60 women who have publicly accused Cosby of sexual misconduct, Constand is the only victim whose claims fell within her state’s statute of limitations and eventually resulted in a criminal trial.
In his sentencing, Judge O’Neill said he would apply the principle of equal justice under the law.”
“No one is above the law,” he said. “And no one should be treated differently or disproportionately because of where they live, who they are, in terms of wealth, fame, celebrity, or even philanthropy.”
“Your own words in your deposition made it clear that in your own mind, you had no verbal consent,” Judge Steven T. O’Neill said. “You heard no verbal consent. You claimed her silence was consent. That is not the law.”
The defense repeatedly argued that Cosby was too old and infirm to be deemed a sexually violent predator and to go to prison at all; Cosby is 81 years old and says he is legally blind. As Judge O’Neill read the sentence, two medics waited in the back corner of the courtroom.
At Monday’s hearing, Steele insisted, “To say that he couldn’t do this again to anybody… runs in the face of what we have seen here and who this is. This is a guy that, given the opportunity, I have no doubt he could do it again.”
“What they’re asking for is a Get Out Of Jail free card,” Steele said.
Cosby’s team has 10 days to contest the ruling of this court or 30 days to appeal to a higher court. Judge O’Neill would have 120 days to rule on Cosby’s appeal.
When Judge O’Neill announced Cosby would be classified as a sexually violent predator, Janice Dickinson, who was seated in the row behind Constand and who testified during trial that Cosby drugged and raped her, silently pumped her fists in the air.
At a post-sentencing press conference held after the proceedings had concluded, District Attorney Steele said that Cosby had long hid behind “the mask” of Cliff Huxtable. “Someone who has a lot of money, someone who is famous…shouldn’t be given a pass for their crimes and allowed to walk free — every victim deserves justice,” he said.
Steele went on to say that he “could not say enough” about Constand’s courage. “We are all better off because she is in our lives,” he said, “She has done the right thing over and over and over again. She new it was important to see that justice was served.”
Steele ascribed similar importance to Constand’s fellow sister survivors:
I’m overwhelmed by the number of women who were willing to go through this process with us. Who were willing to testify at trial, telling their stories, about being drugged and sexually assaulted or raped by Bill Cosby.
[…]
There’s been a lot of talk about this case and connecting it to movements across the country, and I understand that there’s a larger societal context in this case. But I have to say that since we first charged the defendant on Dec. 30, 2015, this defendant has been treated like every other defendant our office prosecutes. We followed our standard practice…What was important was getting justice for the victim in this case, Andrea Constand.
Steele also gave credit to both the deposition in which Cosby admitted to obtaining Quaaludes for the purpose of giving them to young women with whom he wanted to have sex as providing a major break for the prosecution. He also praised the testimony of expert witness Dr. Barbara Ziv, who lent the jury valuable insight about rape myths “and the better understanding of victims and what they go through.”
Steele went on to characterize Cosby’s attorneys’ justification for an appeal as “beyond a hail Mary.”
“I’m confident on where we are now,” he said.
This story is developing and will be updated.