Bill Cosby is trying to get out of jail again. The comedian, actor, and TV legend — currently serving three to 10 years in Pennsylvania state prison after being convicted of sexual assault — just filed a lengthy appeal that calls into question his accusers’ testimony, as per Deadline and CNN.
The 348-page appeal, filed by Cosby’s attorneys on Tuesday, calls into question his April 2018 trial for the aggravated indecent assault of Andrea Constand. Specifically the appeal takes umbrage with the five accusers who supplied additional testimony, which described incidents, some dating from decades prior to the 2004 case, that Cosby’s lawyers claim was too long ago, spread too far apart, as well as “strikingly dissimilar.”
“This evidence was used to strip Cosby of his presumption of innocence and to try to establish that Cosby had the propensity to sexually assault women,” the appeal reads. “This evidence never should have been admitted at trial.” The appeal concludes by saying, “it is requested that this Court reverse and award Cosby a new trial.”
Cosby has been vocal of late. On Father’s Day, he surprised the world with a holiday tweet, claiming he was still “America’s Dad”; this wasn’t well-received. On Tuesday, he was at it again, tweeting a picture of his wife, Camille, along with an ode to his supporters.
“This is a beautiful day and it’s delicious,” Cosby tweeted. He then described the accompanying side-by-side image, with Camille placed next to a parking lot carrying boxes, presumably filled with his appeal. He described it as “a photo showing the ‘Wheels Of Justice’ delivering my appeal to the Superior Court of Pennsylvania. Thank you to my millions of supporters (the freedom fighters)”
Cosby and his lawyers have been aggressively seeking a retrial since his sentence was imposed in September of 2018. They also disapprove of their 81-year-old client being labeled a sex offender.
“The lower court abused its discretion in denying Cosby’s Motion for Declaration of Unconstitutionality, applying the registration provisions of the Sex Offender Registration Act, and designating Cosby as a sexually violent predator without benefit of a trial by jury for his conviction of allegations from 2004, all in violation of the Ex Post Facto clauses of the state and federal Constitutions,” reads the latest appeal. Surely future ones will feature similar language.