The questions have been looming since Bill Cosby was convicted in April of three counts of assault: Will he go to prison, and, if so, for how long?
The answers will begin to emerge Monday, when the 81-year-old comedian appears in court in Pennsylvania for his sentencing. He could get up to 10 years in prison for each conviction, but prosecutors have indicated they are likely to ask for a lesser sentence. If he must serve time, he could be taken into custody immediately.
Defense attorneys are likely to point to Cosby’s age, declining health, history of philanthropic giving and the fact that this is his first criminal conviction as factors that show he should receive a short prison sentence – or none at all. In addition, Cosby could be allowed to remain out of prison until any legal appeal is resolved.
The decision is ultimately up to Judge Steven T. O’Neill, who oversaw Cosby’s 2018 retrial, as well as his mistrial a year earlier that ended in a hung jury.
O’Neill will also consider whether Cosby should be classified as a sexually violent predator. The distinction would subject Cosby to lifetime registration with state police, lifetime sex offender counseling and community notification. A state panel has said that should happen; his attorneys have argued the board’s process is unconstitutional.
The sentencing hearing, which could extend into Tuesday, could also feature testimony and victim impact statements from women, including Constand, who have accused Cosby of assault. Defense attorneys would be allowed to cross-examine witnesses, said Kate Delano, spokeswoman for the county prosecutor’s officer.
O’Neill last week denied prosecutors’ request to present “numerous” witnesses who would testify that Cosby sexually abused them in incidents that did not result in criminal charges, court records show.
Cosby also could address the court in an “allocution,” Delano said. Convicts typically use the opportunity, before a sentence is handed down, to beg for mercy.
No matter Cosby’s sentence, the guilty verdicts already have triggered an outpouring of emotion from his victims.