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"Chilling similarities" in Cosby accusers' testimony, judge says

The pass judgement on who presided over Invoice Cosby’s felony case stated he let 5 different accusers testify on the sex-assault trial as a result of their accounts had “chilling similarities” that pointed to a “signature” crime. A Pennsylvania jury remaining 12 months convicted Cosby of drugging and sexually assaulting Andrea Constand in 2004, after listening to from her and 5 others. 

Cosby, 81, is interesting his conviction in response to the ladies’s testimony and different key rulings via Sir Bernard Law County Pass judgement on Stephen O’Neill. Prosecutors used the testimony of the ladies, whose allegations were not incorporated within the felony indictment, in an try to determine a development of prior misconduct.

Cosby started serving a three- to 10-year jail time period in September at a state jail close to Philadelphia.

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Cosby’s legal professionals have cited what they consider to be 11 mistakes made via O’Neill, together with permitting the testimony of 5 ladies, whose allegations they stated have been too far off in time and too dissimilar from Constand’s account to be allowed at trial. However O’Neill, in a long opinion filed Tuesday, stated he discovered “chilling similarities” within the ladies’s descriptions in their encounters with the comic lengthy regarded as to be “The usa’s Dad.” 

“The defendant’s movements have been so unique as to develop into a signature.The placing similarities between the attacks weren’t confined to insignificant main points,” the pass judgement on wrote. “In each and every example, (he) met a considerably more youthful lady, won her believe, invited her to a spot the place he was once on my own along with her, supplied her with a drink or drug, and sexually assaulted her as soon as she was once rendered incapacitated.”

Each and every lady, the pass judgement on stated, was once considerably more youthful than Cosby and bodily are compatible. O’Neill stated Cosby initiated touch with the ladies basically via their employment and that almost all believed Cosby sincerely wanted to mentor them previous to the attacks, throughout which they got an intoxicant whilst in a spot Cosby managed. Each and every was once incapable of consent once they have been assaulted, the pass judgement on stated.

O’Neill famous that prosecutors requested to name 19 witnesses, however he allowed best 5 to mitigate any prejudicial impact towards Cosby.

Bill Cosby
Andrea Constand arrives on the sentencing listening to for the sexual attack trial of Invoice Cosby on the Sir Bernard Law County Courthouse in Norristown, Pa., Monday, Sept. 24, 2018. 

David Maialetti/AP

Cosby was once retried in April 2018, months after the #MeToo motion burst into view with sexual attack accusations towards manufacturer Harvey Weinstein and different robust males in Hollywood and past. Prosecutors within the felony case towards Weinstein in New York have additionally requested a pass judgement on to permit ladies who don’t seem to be incorporated within the felony indictment to testify about uncharged allegations towards the film manufacturer at his September trial. Weinstein prosecutors can be making an attempt to determine a development of conduct, on the other hand, hearings and motions associated with the request were sealed, so their technique stays unclear. Weinstein has pleaded now not in charge.

O’Neill had allowed only one different accuser to testify at Cosby’s first trial in June 2017, when a jury impasse led to a mistrial. Within the ruling Tuesday, O’Neill stated the brand new protection group that treated Cosby’s retrial by no means at once challenged him at the distinction in his two trial rulings in regards to the different accusers’ testimony. At any fee, he stated, judges don’t seem to be sure via their prior selections.

The protection, in outlining their attraction problems, have additionally argued that Cosby had a binding settlement with a former prosecutor, Bruce Castor, that he would by no means be charged within the case. O’Neill once more rejected the declare Tuesday, discovering the signed press liberate from Castor — used to reinforce the declare — falls wanting an immunity settlement.

Castor had investigated Constand’s criticism for approximately a month in 2005 prior to deciding to not convey a case, wondering why she waited a 12 months to touch police. Ahead of the 12 months was once out, 13 different accusers had come ahead to toughen the lawsuit Constand filed towards Cosby. He settled the case for $three.four million.

When Cosby’s deposition testimony from the lawsuit become public in 2015, and the felony case was once reopened, Castor for the primary time informed his successor in regards to the intended “non-prosecution” settlement. He forwarded their correspondence to Cosby’s protection attorney and testified as a protection witness at a 2016 listening to, O’Neill famous.

Bill Cosby
Invoice Cosby accuser Janice Dickinson walks via Sir Bernard Law County Courthouse throughout a destroy in Cosby’s sexual attack retrial on Thursday, April 12, 2018, in Norristown, Pa. 

Mark Makela / AP

O’Neill additionally rejected protection efforts to have him step down from the case as a result of his alleged bias, and defined the four-year criminal procedure that led as much as Cosby’s conviction and sentencing. Cosby’s legal professionals additionally claimed that O’Neill erred via permitting Cosby’s civil deposition testimony to be heard at trial and via designating Cosby a sexually violent predator, however O’Neill additionally brushed aside the ones arguments.

Cosby’s newest group of legal professionals has been expecting the opinion so they may be able to continue with the attraction in Pennsylvania courts. Cosby spokesman Andrew Wyatt, in a commentary, stated “O’Neill has a recurring addiction of at all times looking to quilt his many mistakes, which continues to turn his hatred in opposition to Mr. Cosby.”

In a commentary launched Wednesday, Cosby’s spouse Camille Cosby, who has when put next her husband to black males who’ve been handled unfairly via the justice gadget, blasted the pass judgement on’s opinion and media protection of the case. 

“My husband has been critically redefined via Pass judgement on O’Neill, regardless of having 0 evidence. Pass judgement on O’Neill, with quite a lot of lend a hand from the media, has attempted to show Invoice Cosby into some of the insidious stereotypes of African American males…the brutal, black dollar,” the commentary stated.

Invoice Cosby additionally launched a commentary announcing he stands “firmly with my spouse at the basis of harmony and reality.”

“She’s now not frightened of this unethical pass judgement on, nor am I frightened of O’Neill’s grossly immoral techniques,” Cosby stated.

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