The judge overseeing Bill Cosby’s sentencing hearing for sexual assault has been forced to hold off on issuing a ruling over a missing defense witness.
Cosby is facing up to 30 years behind bars after he was found guilty in April (18) of drugging and sexually assaulting former Temple University employee Andrea Constand during a 2004 incident at his Pennsylvania home.
His sentencing on three counts of aggravated indecent assault was due to last for two days, with his attorney Joseph Green kicking off the session on Monday (24Sep18) by protesting prosecutors’ efforts to have Cosby legally classified as a “sexually violent predator” following his conviction.
The motion was based on a recommendation by Dr. Timothy Foley, who conducted a full review of The Cosby Show star’s case for Pennsylvania’s Sexual Offenders Assessment Board at the request of prosecutors.
Psychologist Dr. Kristin Dudley, a member of the board, testified about the decision, telling the court, “Mr. Cosby does, in fact, meet the criteria to be registered as a sex offender,” claiming his behavior in the Constand encounter, along with similar allegations made against the actor by more than 60 other women in recent years, makes him more prone to repeat predatory behaviour.
Defense representative Green argued the 81 year old shouldn’t be given the permanent tag, citing his age and ailing health, while also noting there have been no other criminal complaints against Cosby since the Constand case.
He then demanded to hear from Dr. Foley in person, even though the medical professional is unavailable to take the stand until Tuesday morning at the earliest. The news clearly irked Montgomery County Judge Steven O’Neill, who suggested it was all part of the defense’s delay tactic.
The judge will now have to wait to rule on the “sexually violent predator” label until Foley gives evidence, but he refused to let the delay halt other testimony related to the sentencing, and allowed those aspects of the case to continue.
– Cover Media0