Bill Cosby Fights ‘Unconstitutional’ Sexually Violent Predator Evaluation
Bill Cosby is calling the District Attorney’s request to have him declared a sexually violent predator “unconstitutional,” RadarOnline.com can exclusively confirm.
Cosby, 81, was found guilty of three counts of aggravated indecent assault. He is currently awaiting sentencing and appeal.
The District Attorney filed a Praecipe for a hearing, requesting that the Court determine whether Cosby should be deemed a sexually violent predator.
In court papers exclusively obtained from Montgomery Court of Common Pleas in Pennsylvania, Cosby's team claimed he is "not a sexually violent predator."
"The single board member who conducted the 'assessment' did not conduct any 'hearing' and considered and apparently credited largely irrelevant and improper information, apparently without fairly considering the propriety and credibility of the sources of the information relied upon, without any right to a fair hearing, and without confrontation of cross-examination," the court papers read.
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Cosby's legal team is calling the process "unconstitutional."
The attorney continued that the request would force Cosby "the obligation to commit to lifetime reporting to the state police" and "SVP status, all without confrontation trial by jury and without proof beyond a reasonable doubt in violation of defendant's state and federal constitutional protections."
"Defendant respectfully requests that this Honorable Court enter an Order declaring that Act 10 of 2018 is unconstitutional, and may not be applied retroactively to this defendant," the court papers continued.
His sentencing starts on September 24.
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