Disgraced actor and registered sex offender Bill Cosby is asking an appellate court to overturn his conviction because he claims the judge allowed "self-incriminating" evidence, including his own deposition regarding drugging women with Quaaludes. RadarOnline.com has exclusive details on the bombshell filing.
In his appellate statement filed on December 11, Cosby, 81, outlined various arguments on how the lower court "abused its discretion, erred and infringed" on his constitutional rights.
According to the eight-page affidavit, Judge Steven O'Neill erred when he allowed Cosby's deposition from the civil suit he had already settled with his chief accuser, Andrea Constand.
As Radar readers know, jurors were allowed to hear Cosby's testimony from a 2005 deposition where the comedian described his sexual encounter with Constand. In that deposition, Cosby also said that he obtained Quaaludes in the 1970s, which he admitted he gave to women with whom he wanted to have sex, delivering a crucial blow to his defense.
That civil suit was sealed and settled in 2006, with Cosby paying Constand $3.4 million.
In his appeal, Cosby claims he only agreed to the deposition because former Montgomery County D.A. Bruce Castor, promised his testimony would never be used against him in any criminal proceedings.
"The trial court erred in permitting the admission of Mr.Cosby's civil deposition as evidence at trial in violation of the Due Process Clause of the State and Federal Constitutions and in violation of Mr. Cosby's right against self-incrimination pursuant of the Fifth Amendment of the Federal Constitutions and Article I ... of the Constitution of the Commonwealth of Pennsylvania," Cosby's attorneys wrote in the affidavit. "Moreover, the prosecution was estopped from arguing the admission of the civil deposition at trial, as Mr. Cosby gave this deposition testimony in reliance on the promise by former District Attorney Castor that Mr. Cosby would never be prosecuted for the Constand allegations."
Cosby's attorneys further argued that introducing the Quaaludes testimony was not relevant to Constand's allegations and was "backdoored" into the trial, which they argue should never have been admitted as evidence in the first place.
"Furthermore, this testimony was highly prejudicial in that it included statement regarding the illegal act of giving a narcotic to another person," Cosby's attorneys argued in the appeal.
Cosby, once known as "America's Dad," is now serving a sentence of three to 10 years in prison after being convicted in April of aggravated indecent assault against Constand — an incident that happened 14 years ago. As part of his sentence, Cosby also had to registered as a sexually violent predator.
Stay with Radar for more on the case.
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