Bill Cosby is asking the Pennsylvania judge who sentenced him to three to 10 years behind bars to grant him a new trial or reduced sentence over alleged procedural errors.⠀⠀⠀⠀⠀⠀⠀
In court documents filed Friday, Cosby’s lawyers say the judge abused his discretion by failing to adequately consider the 81-year-old defendant’s age and failing eyesight, therefore alleging the judge should have recused himself from sentencing.
“By undervaluing the mitigating impact of age and disability and overestimating any present danger to the community,” Montgomery County Court Judge Steven O’Neill imposed a term whose harshness violated sentencing rules, they accused in an 11-page motion.
Montgomery County District Attorney Kevin Steele intends to file a response but has no additional comments, said his spokeswoman Kate Delano.
In April, a jury found Cosby guilty of three counts of aggravated indecent assault for the drugging and sexual assault of his one-time friend Andrea Constand. Judge O’Neill branded him a “predator” and sentenced him to three to 10 years in prison.
In pursuit of seeking a new trial, attorneys Peter Goldberger and Joseph Green said they also found evidence that shows a recording of a phone call from the accuser ’s mother, Gianna, to Cosby, which played at the trial was not authentic.
During the recorded call, Cosby suggested that he would be willing to pay for Constand to attend graduate school.
The lawyers also insist in their defense that Cosby was not at his home when Constand said he assaulted her and that if there was an incident, it would have occurred outside of the state’s 12-year statute of limitations.
If the judge denies their request for a new trial, the attorneys say Cosby’s sentence should be at least vacated and reduced.