Bill Cosby’s legal team is hoping to have the disgraced comedian and actor released from prison, according to reports.
Cosby’s counsel claimed that numerous mistakes were made throughout the arrest and conviction processes, and so his lawyers have filed a motion seeking to appeal his conviction and prison sentence, according to the Associated Press.
Cosby was sentenced last month to 3-10 years in prison for allegedly drugging and sexually assaulting Andrea Constand in 2004. But in the motion reportedly filed on Friday, Cosby’s attorneys argued that evidence presented during trial did not provide sufficient proof that the alleged assault took place in 2004, rather than 2003, and that Cosby, who was arrested in 2015, was actually arrested within the 12-year limit.
His legal team also reportedly argued that, given the fact that Cosby is 81 years old and legally blind, the sentence he received was unnecessarily harsh.
The motion also challenged Judge Steven O’Neill’s decision to classify Cosby as a sexually violent predator, according to the Associated Press.
Pennsylvania law states that a sexually violent predator is someone who has a “mental abnormality or personality disorder the makes the person likely to engage in predatory sexually violent offenses.” Anyone declared as such is required by law to register as a sex offender and attend mandatory counseling for the rest of their lives.
Cosby’s lawyers also argued that the term “mental abnormality” is both legally and psychologically vague, the Associated Press reports.
Among the rest of the complaints in the motion were allegations that a recorded phone call that jurors heard during Cosby’s trial, and which purportedly occurred in 2005 between Cosby and his alleged victim’s mother, was later proven to be “not authentic,” according to the Associated Press.
Cosby’s attorneys further accused Judge O’Neill of factoring in the testimonies of five other women who had accused the comedian of sexual misconduct when deciding Cosby’s fate, and that O’Neill proved as much when he referenced “voices from the past, your past” while delivering Cosby’s sentence.
A spokesperson for the Montgomery County District Attorney’s Office confirmed to the Associated Press that the office will be filing a response.
Cosby began serving out his sentence at a maximum security prison immediately after his September 25 sentencing, CNN reports.
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