Bill Cosby's lawyers have appealed for a new sexual assault trial, arguing that it was 'fundamentally unfair' for a judge to use his deposition from a civil lawsuit against him in 2018.
The lawyers said those alleged incidents happened too long ago — in some cases the 1970s — and argued that they did not bear"any striking similarities" to the sex assault crimes for which he was put on trial.
Montgomery County Judge Steven T. O'Neill permitted one other accuser to testify for the prosecution at Cosby's trial in 2017, at which the jury deadlocked. O'Neill allowed five women to testify when he was tried — and convicted — at a retrial the next year. “Although the evidence was purportedly allowed for a limited purpose, the prosecution’s closing argument shows that the jury was urged to return a verdict against Cosby based on a depiction of him, unsupported by actual evidence, as a predator who drugged and raped women for decades,” the filing goes on to say.
Constand, in a statement also released that day, asked the state's high court"to consider the enormous prospect of putting my perpetrator back into the community after being labelled a convicted sexually violent predator who has shown no remorse for his actions."
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