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)

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

Surrey Fire Service at a garage fire in the 14400-block of 82A Ave on March 22, 2021. (Photo: Shane MacKichan)
‘Perfect storm’ of variants, increasing COVID cases are concerning for Surrey fire chief

Between police and fire, Larry Thomas said there are 8 confirmed cases, 18 others isolating

Surrey Fire Service is on scene of a fire in the 12300-block of 72A Avenue Saturday morning (April 10). (Photo: Shane MacKichan)
Surrey crews on scene of house fire

It happened in the 12300-block of 72A Avenue

Emergency crews on scene after a small plane crashed in a grassy area on the northeast side of Boundary Bay Airport Saturday morning (April 10). A freelancer said the plane caught fire and one person was transported to hospital by BC Emergency Health Services. (Photo: Shane MacKichan)
Small plane crashes at Delta’s Boundary Bay Airport

Plane appears to have suffered ‘significant’ damage, says freelancer

Signage on a South Surrey sidewalk reminds pedestrians to respect social-distancing guidelines. (Photo: Tracy Holmes)
Surrey records 4,400 COVID-19 cases in March

New cases almost doubled between February, March

Surrey RCMP are looking for these two men after a bank in the 12800-block of 96th Avenue was robbed on March 12. (Images: Surrey RCMP)
Police release images of two men suspected of robbing Surrey bank

Robbery happened on March 12 at bank in 12800-block of 96th Avenue

B.C. Health Minister Adrian Dix and Premier John Horgan describe vaccine rollout at the legislature, March 29, 2021. (B.C. government)
1,262 more COVID-19 infections in B.C. Friday, 9,574 active cases

Province’s mass vaccination reaches one million people

Two-year-old Ivy McLeod, seen here on April 9, 2021 with four-year-old sister Elena and mom Vanessa, was born with limb differences. The family, including husband/dad Sean McLeod, is looking for a family puppy that also has a limb difference. (Jenna Hauck/ Chilliwack Progress)
B.C. family looking for puppy with limb difference, just like 2-year-old Ivy

Ivy McLeod born as bilateral amputee, now her family wants to find ‘companion’ puppy for her

A vehicle that was driven through the wall of a parkade at Uptown Shopping Centre and into the nearby Walmart on April 9 was removed through another hole in the wall later that night. (Photo via Saanich Police Department and Ayush Kakkar)
Vehicle launched into B.C. Walmart removed following rescue of trapped workers

Crews cut new hole in parkade wall to remove vehicle safely

Four members with Divers for Cleaner Lakes and Oceans were out at Cultus Lake on March 28 and 29 hauling trash out of the waters. (Henry Wang)
PHOTOS: Out-of-town divers remove 100s of pounds of trash from Cultus Lake

Members of Divers for Cleaner Lakes and Oceans hauled out 470 pounds of trash over two days

As of Saturday, April 10, people born in 1961 are the latest to be eligible for a COVID-19 vaccine. (Black Press files)
B.C. residents age 60+ can now register to get their COVID-19 vaccine

Vaccine registration is now open to people born in 1961 or earlier

A new saline gargle test, made in B.C., will soon be replacing COVID-19 nasal swab tests for kids. (PHSA screenshot)
Take-home COVID-19 tests available for some B.C. students who fall ill at school

BC Children’s Hospital plans to provide 1,200 kits to Vancouver district schools this April

Ruming Jiang and his dog Chiu Chiu are doing fine following a brush with hypothermia that saw several people work together to get them out of the Fraser River near Langley’s Derby Reach Park on March 25, 2021 (Special to the Advance Times)
Man finds men who rescued him from drowning in B.C.’s Fraser River

A grateful Ruming Jiang says he will thank them again, this time in person when the pandemic ends

The 10-part Netflix series Maid, which is being exclusively shot in Greater Victoria, was filming near Prospect Lake in Saanich last month. (Photo courtesy Fred Haynes)
Province announces $150,000 towards film studio, fulfilling B.C. NDP promise

Investment to fund movie studio feasibility study at Camosun College

Tyson Ginter, 7, is proud of his latest Hot Wheels he recently received by Quesnel RCMP Const. Matt Joyce. (Photo submitted)
B.C. Mountie handing out toy cars to light up children’s faces

‘A lot of times it will be the only interaction they have with the police,’ says Const. Matt Joyce

Most Read