Today, Judge Steven O’Neill (who presided over Cosby’s recent sexual assault trial in Pennsylvania), sentenced Cosby to a sentence of 3-10 years in prison. The court had previously classified him as a sexually violent predator following a prior hearing. The court defended this decision by explaining that although the evidence of Cosby’s guilt had been “overwhelming,” including his own civil deposition, Cosby had refused to acknowledge his guilt or express any remorse for his actions. His attorneys had requested a sentence of house arrest, citing Cosby’s poor health and functional blindness, but the court did not agree. Cosby plans to appeal his conviction and sentence, and could conceivably stay free on bail until his appeals are resolved, though the court may deny the request that he be free pending his appeal.
This sentence is near the top end of the Pennsylvania sentencing guidelines for Cosby. Indeed, the guidelines recommended a sentence of between 22 and 36 months, and Cosby essentially got a sentence of 36 to 120 months. This case illustrates a few issues, probably, as it relates to sentencing. First, remaining defiant in the face of sentencing may feel good to a defendant, but judges hate it. The best way to get leniency is to show remorse and ask forgiveness, and the opposite is absolutely true as well. Cosby may think he is going to be vindicated on appeal, but frankly, I would bet a lot of money that he will not. So, copping an attitude like he did throughout the post-conviction and sentencing phase almost certainly did nothing but cost him a few of his precious remaining years of life in jail. Any smart defendant knows that even if he feels like he was wrongly convicted, the best thing to do at sentencing is say you’re sorry to the judge and victim. Cosby does not appear to be a smart defendant.
Second, judges are human, and this case might demonstrate that. Although he is not supposed to the evidence of Cosby’s prior alleged misdeeds and sexual assaults of other victims (some of whom testified at Cosby’s trial in support of Andrea Constand’s complaint), the judge probably factored those things into consideration in concluding that he was a sexually violent predator worthy of serious detention. It would have been understandably difficult for the judge to ignore those other purported complainants, not to mention the dozens of others who have publicly come forward.