Cosby's lawyers try to get him out of prison, appeal sentence

They claim the judge was biased and mistakes were made in his trail.

Jim Melwert
October 09, 2018 - 2:08 pm
Bill Cosby

AP Photo/Jacqueline Larma, File

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PHILADELPHIA (KYW Newsradio) — Bill Cosby is asking the Montgomery County judge who sent him to prison to grant him a new trial, or at least to reconsider the sentence. 

In a motion asking for a new trial, Cosby's lawyers say they have evidence that the tape of a recording the victim’s mother made of a phone call with Cosby was not authentic. They claim that information was not known at trial. 

When Montgomery County District Attorney Kevin Steele was asked about the doctored tape immediately after Cosby’s sentencing hearing, he said bringing up the tape was "beyond a hail Mary."

"This is nothing new," he said. "Maybe it’s new for these defense attorneys, but this is something that got discussed back in 2006."

RELATED: Cosby sentenced to 3 to 10 years in state prison for sexual assault

Cosby’s legal team is also claiming the 81-year-old comedian was found guilty despite what they say was evidence presented at trial that Cosby was never in the Philadelphia area during the timeframe of the allegations.

Cosby was sentenced to a three- to 10-year prison term, which means he would be eligible for parole in three years, but the parole board could decide to keep him in prison for up to the entire 10 years. Cosby's lawyers say the maximum sentence is unnecessarily long, at the top of the standard range of sentencing guidelines, and doesn’t take into account Cosby’s age or health, or the lack of any accusations over the past 10 years.

They again pointed out what they say is bias by the judge, and his refusal to recuse himself.

Prosecutors haven’t filed their response. 

Cosby is currently in SCI Phoenix which is the recently opened prison in Skippack Township that replaced Graterford.