Day one of Bill Cosby's sentencing hearing that will determine how the 81-year-old comedian will be punished for drugging and sexually assaulting a woman more than 14 years ago has been adjourned. A judge is expected to sentence Cosby in the Philadelphia area courthouse on Tuesday.
Cosby was the first celebrity to go to trial in the #MeToo era and could be the first to go to prison, after being convicted in April of violating Temple University employee Andrea Constand at his suburban Philadelphia home in 2004.
Cosby walked into the courthouse on the arm of his longtime spokesman as protesters shouted at him.
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Bill Cosby's downfall from "America's Dad" to convicted felon will reach its final chapter in the Pennsylvania courtroom, when a judge will begin deciding whether to sentence the 81-year-old comedian to prison for sexual assault.
Cosby, who was found guilty in April, is the first celebrity to be convicted since the start of the #MeToo movement. The sentencing hearing is expected to last two days.
The doors to the courthouse are now closed
The big question is how long, if at all, Cosby will get in prison
Defense attorneys are likely to point to Cosby's age, declining health, history of philanthropic giving and the fact that this is his first criminal conviction as factors that show he should receive a short prison sentence -- or none at all. In addition, Cosby could be allowed to remain out of prison until any legal appeal is resolved.
The decision is ultimately up to Judge Steven O'Neill, who will also consider whether Cosby should be classified as a sexually violent predator. The distinction would subject Cosby to lifetime registration with state police, lifetime sex offender counseling and community notification. A state panel has said that should happen; his attorneys have argued the board's process is unconstitutional.
The sentencing hearing, which could extend into Tuesday, could also feature testimony and victim impact statements from women who have accused Cosby of assault. Defense attorneys would be allowed to cross-examine witnesses, said Kate Delano, spokeswoman for the county prosecutor's officer.
Judge O'Neill last week denied prosecutors' request to present "numerous" witnesses who would testify that Cosby sexually abused them in incidents that did not result in criminal charges, court records show.
The judge overseeing Bill Cosby's sentencing has called a break this morning to decide if the the Pennsylvania Sexually Violent Predator assessment and subsequent sex offender registration is constitutional.
Joseph Green, representing Cosby, briefly argued the law was unconstitutional, and could not be constitutionally applied to Cosby because it was punitive - and punishment without due process.
A Commonwealth Attorney said the Cosby was trying "to escape" the registration required for sexual predators.
The judge ruled that the Sexually Violent Predator Assessment, and the current Pennsylvania law dealing with sex offender registrations was constitutional.
Judge O'Neill cited several cases that he relied on for his decision, as well as state law.
Monday's sentencing comes as Cosby's defense team, now led by attorney Joseph P. Green Jr., has accused Judge O'Neill of bias and asked him to remove himself from the case -- and to reverse an order that allowed the trial to happen in the first place.
At issue was a "nasty" personal conflict involving a prior district attorney, Bruce Castor, Cosby's team argued. Judge O'Neil denied the motion last week, calling it untimely and "wholly without merit," court records show.
Court adjourned in the late afternoon on the first day of the two-day hearing. Montgomery County Judge Steven O'Neill has reportedly stated in court that prosecutors and defence lawyers have agreed to merge the charges against Cosby. The state guidelines for someone like Cosby, with no prior convictions, call for about one to four years behind bars.
Whatever the sentence, Cosby is likely to be deemed a sexually violent predator and will have to undergo monthly counselling the rest of his life, in prison or out. Neighbours and schools will be warned he is living nearby.
Associated Press
