Bill Cosby is looking to have his conviction and prison sentence overturned after serving just two weeks in Pennsylvania state prison.
The former Cosby Show actor had his lawyers file an appeal on Friday asking for a new trial or at the very least a reduced prison sentence due to what Cosby believes was an unfair trial conducted on the judge’s behalf, per Deadline.
Cosby’s trial was overseen by Judge Steven O’Neill, who had words for the former TV star at his September sentencing.
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Judge has words for Cosby
"No one is above the law, and no one should be treated differently or disproportionally."
"This was a serious crime," O'Neill stated. "Mr. Cosby, this has all circled back to you. The day has come, the time has come."
The 81-year-old Cosby and his defense team believe Judge Steven O’Neill should have stepped down after the 2017 mistrial where jurors were deadlocked following 52 hours of deliberation.
Cosby files motion for new trial
“The defendant, William H. Cosby, Jr., moves this Court for a new trial in the interest of justice, or at least for reconsideration and modification of the sentence imposed on September 25, 2018,” the motion filed on Friday stated.
Adding, “For the reasons detailed in Mr. Cosby’s previously-filed motions for recusal (which are incorporated here by reference, without being repeated and set forth at length), and for all the foregoing reasons, a reasonable observer could question the impartiality of the judge who imposed the September 25, 2018, sentence,” the filing says. “Accordingly, Judge O’Neill should have recused himself from imposing sentence.”
Bill Cosby was sentenced to 3-10 years in state prison on September 25, 2018 for drugging and sexually assaulting Andrea Constand. The incident occurred back in 2004 when Cosby invited the former director of operations for Temple University’s women’s basketball team to his Philadelphia home for dinner.
The comedian is currently being housed in his own cell and has yet to be transferred to general population as the prison staff assess Cosby’s health and well-being as a new prisoner.