Bill Cosby sentenced to three to 10 years in state prison, remanded to custody immediately

Patrick Ryan and Bill Keveney USA TODAY

Published 3:37 PM EDT Sep 25, 2018

NORRISTOWN, Pa. – Bill Cosby was sentenced to three to 10 years in state prison for his assault in 2004 of Andrea Constand, a Montgomery County judge ruled Tuesday.

Judge Steven O'Neill told Cosby he would serve "no less than three and no more than 10 years" in state prison, in addition to levying a $25,000 fine and requiring the convicted sex offender to pay court costs. 

“It is time for justice. Mr. Cosby, this has all circled back to you. The time has come,” O’Neill said. He quoted from Constand’s statement to the court, in which she said Cosby took her "beautiful, young spirit and crushed it.” 

Because his sentence is longer than two years, O'Neill denied Cosby bail, remanding him to custody immediately, telling the courtroom, "This is a serious crime. ... The nature of this crime indicates that he could be a danger to the community.”

After removing his jacket and watch, Cosby was led away in handcuffs, an officer holding his arm. He did not respond to a reporter's request for comment.

More: Bill Cosby: Reactions to his prison sentence

More: Bill Cosby joins these stars who went to prison, from Martha Stewart to O.J. Simpson

The sentence is in line with the one sought by District Attorney Kevin Steele, who asked O’Neill to impose a prison term of five to 10 years after Cosby's April conviction on charges he drugged and sexually assaulted Constand in 2004. A defense attorney had asked that Cosby, 81, be spared a prison term, citing his age and frailty.

O'Neill's pronouncement came after a protracted two-day hearing at the Montgomery County Courthouse that featured testimony from Constand, her family and psychologists. 

Cosby’s sentence came just hours after O’Neill ruled that the convicted comedian is a "sexually violent predator,“ a designation that includes registration as a sex offender and lifelong notification and counseling requirements. 

More:  Read Constand's full victim impact statement

The judge heard final prosecution and defense remarks during the morning session before he pronounced sentence. 

“This should be a state-prison sentence and this should be a sentence that happens today,” Steele told the judge.

Before the sentencing hearing, a Pennsylvania state board recommended that Cosby be designated a "sexually violent predator,"  a classification that mandates registration as a  sex offender, community notification of his whereabouts and lifelong counseling.

USA TODAY is in the courtroom and providing live updates throughout the hearing:

Cosby foe and supporters make statements outside court

Women's rights attorney Gloria Allred, who represents some of Cosby's five dozen accusers, issued a statement after sentencing outside court as rain poured down: "This is a very important day. … We’re glad that judgment day has finally come for Mr. Cosby. Mr. Cosby has shown no remorse." She added that justice has still been denied for many of his accusers.

Cosby publicist Andrew Wyatt delivered a defiant statement, calling the proceeding "the most racist and sexist trial in the history of the United States."

He continued: “The racist and sexist mass media was attacking and denouncing Dr. Cosby whenever his lawyers even hinted there was racism and sexism present. All three of the psychologists who testified against Dr. Cosby were white women who make money off of accusing black men of being sexual predators.”

When asked about Cosby's mood after sentencing, he said, "Mr. Cosby is doing great. And Mr. Cosby knows that God is watching over him. He knows that these are lies. They persecuted Jesus and look what happened. I'm not saying Mr. Cosby is Jesus, but we know what this country has done to black men for centuries."

In a statement from Camille Cosby read by a woman who followed Wyatt, the comedian's wife, who was not in court Tuesday, said he didn't get a fair trial: "We have now learned that Bill Cosby was denied his right to a fair trial because the district attorney used falsified evidence against him."

Deemed a sexually violent predator, Cosby finally speaks in court

After Foley made his "predator" ruling, Cosby politely told the judge that he waived allocution, a defendant's formal statement to the court and listened to the conditions of his registration as a sex offender, curtly responding to confirm whether he understood.

Cosby appeared testy and annoyed on a few occasions, asking for questions to be repeated when he didn’t understand or couldn’t hear. He also asked, “If I went from city to city, even if it’s just overnight, I have to get in touch with the state police?”

In a letter, Constand says her life came to an "abrupt halt" after assault

Prosecutors released Constand's five-page letter to the judge in which she described the impact of Cosby's assault. 

More: Read Andrea Constand’s full victim impact statement: Bill Cosby ‘robbed me’

Before the assault, "I knew who I was and I liked who I was … Nothing could have prepared me for an evening of January 2004, when life as I knew it came to an abrupt halt," Constand wrote, referring to the time of the attack. 

She summed up the effect: "Bill Cosby took my beautiful, healthy young spirit and crushed it. He robbed me of my health and vitality, my open nature, and my trust in myself and others."

Cosby arrives for day of reckoning; fans make case for house arrest

Cosby arrived at the Montgomery County Courthouse in suburban Philadelphia at about 8:30 a.m. ET on a rainy morning for the second day of his sentencing hearing. He smiled faintly and nodded as he walked by some supporters, including a man who shouted, "Keep your head up, Bill!" 

A protester yelled, "Justice for women!" while "The Final Countdown" played on a speaker blowing bubbles.

Outside the courthouse, Cosby supporter and Norristown resident Mariann Tokarchik, advocated for house arrest. "I see they're trying to give him prison time," she told USA TODAY. "It’s not fair to Bill, but what can you do? That’s the justice system."

Another Cosby backer, Tony Abery, 61, of Norristown, said: "I think they should let him go and put him on house arrest, or just set him free and let him go. They're going over what happened in 2004. Here it is, 2018. … Why can’t they just let the past go and let the man be at peace? The man’s old."

Day 1 recap: DA seeks up to 10 years prison, says Cosby has shown 'no remorse'

Explainer:  What happens if Bill Cosby is classified as a 'sexually violent predator?'

Day 1 recap

During the first day of the sentencing hearing Monday, prosecutors and defense attorneys argued whether Cosby should be sent to prison and for how long. Prosecutors asked that Cosby, 81, be sentenced to five to 10 years, while the defense argued the disgraced entertainer, who is said to be legally blind, is too old and frail to be sent to prison. Constand, whom Cosby is convicted of sexually assaulting, and others testified.

The sentencing hearing is the latest marker in a nearly four-year effort to convict and jail Cosby, who was found guilty in April on three counts of aggravated felony sexual assault for drugging and molesting Constand, a former friend, at his home outside Philadelphia in January 2004.

Cosby did not address the court Monday, sitting stone-faced through much of the proceeding. Constand, who testified briefly Monday, watched the proceedings with others who say they were assaulted by Cosby, including model Janice Dickinson (one of five other accusers to testify at his retrial) and Lili Bernard.

The next step: Appeals process

Cosby's legal team, led by Philadelphia attorney Joseph Green, can begin the appeals process as soon as O'Neill hands down his sentence. 

Contributing: Maria Puente and Bryan Alexander USA TODAY; the Associated Press

Accuser list: The 60 named Bill Cosby accusers and their reactions to the guilty verdict

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