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Bill Cosby

Bill Cosby sentencing: DA seeks up to 10 years prison, says Cosby has shown 'no remorse'

Bill Cosby arrives at the Montgomery County courthouse in Norristown, Pennysylvania, for the first day of his sentencing on indecent sexual-assault charges. He was convicted in April.

NORRISTOWN, Pa. –  Prosecutors asked a judge Monday to sentence 81-year-old Bill Cosby to five to 10 years in prison for drugging and sexually assaulting a woman, while the defense argued Cosby is too old and frail to be sent to prison. The hearing will continue Tuesday.

District Attorney Kevin Steele called for the maximum sentence against Cosby, who “again and again, has shown no responsibility for his actions and no remorse" following his April conviction on three counts of aggravated felony sexual assault. 

Cosby was convicted of drugging and molesting a former friend, Andrea Constand, at his home outside Philadelphia in January 2004. Constand, who testified during Monday's hearing, watched the proceedings with other accusers who have claimed they too were assaulted by Cosby, including Janice Dickinson and Lili Bernard.

USA TODAY was in the courtroom for the first day of the hearing. Here are the highlights:

More:What happens if Bill Cosby is classified as a 'sexually violent predator?'

Constand, family deliver emotional testimonies: Constand appeared relaxed and confident on the witness stand, speaking for just two minutes before Judge Steven O'Neill Monday. She said she was seeking "justice as the court sees fit" and submitted a lengthier victim-impact statement that wasn't read in court.

Andrea Constand, Bill Cosby's accuser at two sexual-assault trials, arrives at his sentencing hearing at the Montgomery County Courthouse in Norristown, Pa., Sept. 24, 2018.

Before the hearing, Constand tweeted a Bible verse: "Be wrathful, but do not sin; do not let the sun set while you are still angry; do not give the Devil an opportunity."

Her parents, Andrew and Gianna, and sister, Diane Parsons, all spoke extensively about how her assault at age 30 had taken an immense emotional toll on both the family and Constand.

Parsons recalled how her sister was "frail, timid, weak" and "reclusive" when she returned from Temple University, where she worked and he was a trustee. 

“He protected himself at the cost of ruining many lives,” Gianna explained, her voice cracking as she talked about how Cosby intimidated their family into not speaking out about Constand’s assault. “I do not believe in my heart that Bill Cosby has ever considered the pain he has caused (our family). He was correct when he told me, ‘I am a sick man.’ "

Cosby smiles, watches without addressing court: Wearing a black suit and carrying a cane, Cosby did not speak before the court, observing much of the proceedings stone-faced. He grinned and looked up multiple times during points of testimony, however, and scowled during comments he did not agree with.

“Mr. Cosby is not dangerous,” his attorney, Joseph P. Green said during closing statements. “Eighty-one-year-old blind men are not self-sufficient – they’re only dangerous to themselves.”

The defense argues against prison as 'excessive hardship:' Cosby's attorney Joseph Green repeatedly blamed “the court of public opinion” for turning the judicial system against his client in his closing argument.

“Mr. Cosby is not dangerous,” Green argued. “Eighty-one-year-old blind men are not self-sufficient – they’re only dangerous to themselves.”

Green said that prison would create “excessive problems” for Cosby, who has no prior arrests or convictions. He also lauded the disgraced comedian for overcoming numerous obstacles throughout his life because “he wanted to make something of himself.”

Prosecution argues against 'get out of jail free card':  During his closing arguments, Steele drove home Cosby’s manipulation tactics as Constand's friend and mentor, “using that position of power and betrayal of trust” to give her Quaaludes and molest her.

“What they’re asking for is a ‘get out of jail free’ card," Steele said of the Cosby defense team. "To say that he couldn’t do this again to anybody? That runs in the face of what you have seen here and who this is."

“Committing a drugging sexual assault comes with a heavy price and that price is (at) your liberty,” Steele added.

'Sexually violent predator' status is undecided: Much of Monday's proceedings centered around whether Cosby will be deemed a sexually violent predator. A Pennsylvania state board has recommended that Cosby be classified as such, which would mandate community notification of his whereabouts and lifelong counseling.

Dr. Kristen Dudley, a psychologist who is a part of Pennsylvania’s Sexual Offenders Assessment Board, testified Monday, stating, “I completely agree that Mr. Cosby does meet the criteria of a sexually violent predator."

Dudley argued that Cosby initiated and maintained a friendship with Constrand in order to "take advantage of her," bribing her with drugs and alcohol until she was rendered unconscious and sedated.

Judge Steven O'Neill has presided over both of Bill Cosby's sexual assault trials. Cosby and his team have repeatedly tried to boot the judge from the case.

This represented the pattern, Dudley testified, of Cosby often befriending women, then betraying their trust and violating them for the "sole purpose of his sexual gratification."

Dudley said Cosby declined to meet with her, but she made her determination after reviewing police reports and trial transcripts. She has conducted 70 assessments for the sex offender assessment board and said she has recommended a "sexually violent predator" designation in about 20 percent of cases.

The sexually violent predator designation, if deemed appropriate, will have no effect on the length of the sentence. Instead, the designation would require Cosby  to register as a sex offender and undergo treatment in prison and after.  

Cosby's attorney Green argued that his client is unlikely to re-offend – pointing out in cross-examination there have been no new cases of misconduct since 2004.

Dudley responded that the passed time has no bearing on Cosby's compulsive actions, saying, "It is possible that he has already met someone who could be his next potential victim.” 

 

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