Bill Cosby Possibly Headed to Jail on Monday

Bill Cosby

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The stakes surrounding that designation are high given the lifetime counseling, community alerts and public shaming the designation would trigger.

They filed a motion this month demanding that O'Neill recuse himself from the case before sentencing, accusing him of bias because of an alleged grudge against a former prosecutor, Bruce Castor, who previously declined to prosecute Cosby and testified at a pre-trial hearing in the current case.

Pennsylvania's sex-offender board has examined Cosby and recommended he be deemed a predator, concluding that he has a mental defect or personality disorder that makes him prone to criminal behavior.

Montgomery County Judge Steven O'Neill in a ruling Wednesday asks prosecutors if they hope to call the five trial witnesses.

The 81-year old actor was found guilty of sexually assaulting Andrea Constand in his home near Philadelphia in 2004.

Bill Cosby is facing prison time as he is sentenced this week for sexual assault, capping a stunning fall from grace for a man who was once one of America's most popular entertainers. Constand and at least five other accusers will be at the sentencing but they will not be able to testify. Courts have also debated whether the programs unfairly amount to extra punishment, especially for people convicted of misdemeanors. Given his advanced age and health issues, it's likely that Cosby's legal team will argue for a lesser sentence than the max 30 years. He remained a Hollywood A-lister for much of the next half-century, hitting his peak in the 1980s with the top-rated Cosby Show as Dr. Cliff Huxtable. Neighbours and schools will be warned he is living nearby.

The judge will be asked to decide whether Cosby can wait out the appeals process under house arrest - presumably depending on his lawyers to draw the process out - or go straight to jail for his felony.

Legal experts believe a "predator" classification would be a legal finding that Cosby accusers could use in their defamation suits, including one involving seven women plaintiffs that's pending in MA.

Daniel Filler, dean of Drexel University's Kline School of Law, said judges can't help being influenced a little by the "optics" of a case - that it, how it is going to look to the public.

O'Neill will also consider whether Cosby should be classified as a sexually violent predator.

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