It’s been less than two weeks since Bill Cosby got sentenced and his lawyers are already trying to get him out of prison — and the judge in his case tossed, too.
A defense motion filed Friday outlines his attorneys’ requests, which include the overturning of the actor’s conviction and three-to 10-year sentence on account of errors made in his sex assault case and trial.
“The defendant, William H. Cosby, Jr., moves this Court for a new trial in the interest of justice, or at least for reconsideration and modification of the sentence imposed on September 25, 2018,” the motion says, according to Deadline.
Cosby’s defense team claims Judge Steven O’Neill should’ve recused himself from the sentence hearing following the 2017 mistrial and ensuing retrial this spring.
“For the reasons detailed in Mr. Cosby’s previously-filed motions for recusal (which are incorporated here by reference, without being repeated and set forth at length), and for all the foregoing reasons, a reasonable observer could question the impartiality of the judge who imposed the September 25, 2018, sentence,” the filing says. “Accordingly, Judge O’Neill should have recused himself from imposing sentence.”