It’s been a little less than two weeks after Bill Cosby was sentenced to 3 to 10 years in prison and it looks like his lawyers are trying to get him released from prison already.
A defense motion filed Friday outlines his attorneys’ requests, including the overturning of Cosby’s prison sentence because of what they call a string of trial errors in his case, according to Deadline.
“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 states.
The defense motion argues that trial Judge Steven O’Neill erred in declaring Cosby a sexually violent predator who should be imprisoned to protect the community.
His lawyers called the sentence more punitive than necessary, given the standard two- to three-year guideline range and the fact Cosby is 81 and blind.
They also say the trial evidence never proved the encounter took place in 2004, and not 2003, or that Cosby was arrested within the 12-year time limit.
“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.”
Cosby has been in prison since Sept. 25.
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