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Cosby Seeks Bail and Recusal of Judge for Failing to File Mandated Appeal Document

NNPA NEWSWIRE — Cosby and his team of attorneys said Montgomery County Judge Steven T. O’Neill “Continues to show his disgust and prejudice” toward Cosby by purposely denying Cosby the right to file his appeal.

Published

6 years ago

April 27, 2019

Oakland Post

By Stacy M. Brown, NNPA Newswire Correspondent
@StacyBrownMedia

Bill Cosby has filed a bail application and wants the judge in his criminal trial to be removed for hindering his appeal.

Cosby and his team of attorneys said Montgomery County Judge Steven T. O’Neill “Continues to show his disgust and prejudice” toward Cosby by purposely denying Cosby the right to file his appeal.

Cosby said the judge has refused to issue his legally mandated opinion, which outlines why he felt strongly in sentencing Cosby to three to ten years and to place him – an 81-year-old, blind military veteran – in a level 5 maximum security prison.

“This judge took an oath. I believe to be fair and impartial, which grants him the authority to perform all of the duties detailed in the Constitution,” Cosby said in a statement issued by his publicist Andrew Wyatt.

“I don’t know [under] what Constitutional rock this judge resides, because his refusal to write an opinion, reveals that he’s complicit in the corruption against me, and that he’s an accessory to the incestuous behavior that resides in Montgomery County,” Cosby said.

Based on Pennsylvania rule 1925(a), “upon receipt of the notice of appeal, the judge who entered the order giving rise to the notice of appeal [appealed from], if the reasons for the order do not already appear of record, shall immediately file of record at least a brief statement, in the form of an opinion, of the reasons for the order, or for the rulings or other errors [matters] complained of, or shall specify in writing the specific place in the record where such reasons may be found.”

The law further states that:

“If the appeal is based upon an order or ruling issued by a judge that was not the judge at trial, the trial judge may request that the judge who made the interim ruling draft a statement in accordance with the standards above to explain the reasons for his or her decision.”

Cosby, who is serving a three- to 10-year sentence after being convicted last year of aggravated indecent assault, filed his appeal briefs in December but O’Neill still hasn’t responded.

O’Neill’s actions are not without precedent, legal experts told NNPA Newswire.

“Lawless judges are one of the biggest problems in the United States of America,” said Detroit and Silicon Valley attorney Mark Foster.

“The rules require the trial judge to write an opinion and make sure that the certified record is sent to the Superior Court within sixty days, but unfortunately, this almost never happens,” said Pennsylvania attorney Zak Goldstein.

Even in less complex cases, it is not uncommon for a judge to miss this deadline by months or even years, Goldstein said.

“Eventually, the Superior Court will send a notice of delinquent record to the trial judge to remind the judge of the deadline, but this notice does not involve any kind of sanction,” he said.

With that, the scales of justice are a bit skewed. If Cosby were to have missed his deadline, the entire appeal could be dismissed, but there is typically no penalty for a judge who misses the deadline, Goldstein said.

“If the delay becomes really egregious, an attorney could file a motion in the Superior Court asking that court to direct the trial judge to file an opinion,” Goldstein said.

“The court will usually grant that motion if the delay has really been significant,” he said, adding that he’s never seen a judge who has failed to comply.

On April 17, the Superior Court did file a notice to O’Neill regarding the delinquent record. Cosby has asked for bail because of the trial judge’s delay.

“Often when judges do not perform tasks [that] they should, such as issue timely rulings, lawyers may file for a Writ of Mandamus which is a request for another judge to order the judge to perform the act or do what he or she should,” said Atlanta-based attorney Randy Kessler.

“I imagine there are various remedies including the appellate courts making a ruling without the input from the trial judge and simply making whatever inferences they deem appropriate, likely giving the Defendant the benefit of the doubt which is an integral part of our criminal justice system, given the failure of the trial judge to submit the information,” said Kessler, who stressed that he isn’t licensed to practice in Pennsylvania.

Cosby is asking that O’Neill be removed immediately and that he’s granted bail throughout the appeals process because of what his team called O’Neill’s “racial hatred toward Cosby that clouds his better judgement to be a good steward of the bench.”

“O’Neill’s dishonorable conduct makes me smile, because this judge is being exposed, and it shows that this is bigger than me,” Cosby said.

“O’Neill now has his formula: tried, true and tested to destroy any Black Man and/or Colored Man in America. I’m just so happy, because this guy is proving my innocence. And guess what else. America is finally getting to witness the truth,” he said.

If O’Neill never writes an opinion, the Superior Court could proceed anyway, Goldstein said.

“I am not surprised that the judge in the Cosby case did not meet the sixty day deadline given the large number of complicated issues involved, and I would expect the defense attorneys to give the judge some time before filing anything because it is a complicated appeal,” Goldstein said.

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#NNPA BlackPress

OP-ED: The Illusion of Allyship. White Women, Your Yard Signs Mean Nothing to Me

NNPA NEWSWIRE – “The blue bracelets are something White women are wearing so others can see that they didn’t vote for Trump,” says Liberal Lisa from Oklahoma on X. Chile, bye. These bracelets are hollow symbols, empty gestures that mean nothing to me. An accessory to claim distance from Trump’s legacy is superficial comfort, while the choice to not stand with us in the voting booth is far more profound.

Published

6 days ago

November 9, 2024

Oakland Post

Political yard signs can symbolize intentions and allegiance. But this year, they’ve also symbolized betrayal. During this general election, Black women were led to believe that more White women would stand with us. Exit polls, however, told a different story. Despite overwhelming displays of support, more White women still chose to vote for the convicted felon, reality TV star, and rapist. White women answered the call but left us hanging at the polls.

A Familiar Disappointment

I live in DeKalb County, Georgia, and the abundance of Harris-Walz yard signs could’ve fooled me. But I’ve seen this before, back when Stacey Abrams ran for governor. White women showed up, put up signs, attended rallies, knocked on doors, and phone-banked. Yet, when it came time to vote, they let us down—not once but twice. I’ve been here for over 15 years, and if there’s one thing I know, it’s that political signs are symbols without weight.

In every election, I’ve talked with White women. Most aren’t the primary earners in their families and vote along party lines, aligning with the preferences of their fathers and husbands. These conversations reveal a reluctance to break from tradition, even when their votes affect women and certainly when their votes impact the lives of people who look like me.

The Illusion of Solidarity—Symbols Are Not Enough

On social media, I’m seeing White women posting pictures of blue bracelets to “prove” they didn’t vote for Trump. “The blue bracelets are something White women are wearing so others can see that they didn’t vote for Trump,” says Liberal Lisa from Oklahoma on X. Chile, bye. These bracelets are hollow symbols, empty gestures that mean nothing to me. An accessory to claim distance from Trump’s legacy is superficial comfort, while the choice to not stand with us in the voting booth is far more profound.

I’ve seen Black Lives Matter signs and black squares posted on Instagram to “prove” support for Black people, but we now know that was a lie, too. Will those same people who claimed Black lives mattered now take down their Harris-Walz signs and show their true selves?

Navigating these truths is a daily struggle for me—professionally and socially. White women often misuse their privilege, supporting us only when it’s convenient. Seeing overqualified Black women sabotaged or abandoned by White women at critical moments is a constant emotional challenge. It’s exhausting to live with this reality, especially when solidarity seems like something they pick up and discard at will.

One clever campaign ad from Harris-Walz that spoke directly to White women. “Your Vote, Your Choice” emphasized that their vote was private—independent of their household situation. Another was from Olivia Howell Dreizen, the “Vote Without Fear” campaign, which empowered women to consider the greater impact of their choices. But it seems many still couldn’t choose the roadmap to freedom—even when it was handed to them.

A Call for Action Beyond Words

White women, I want to believe you care, but actions speak louder than yard signs, bracelets, or Instagram posts. Show up in our communities, advocate in your workplaces, and stand up to dismantle the structures that uphold white supremacy. Only through real action will we know where you stand.

If you choose not to act, we see you—and we know exactly where you stand. Good luck these next four years.

Disclaimer: The views and opinions expressed in this article do not necessarily reflect the official policy or position of BlackPressUSA.com or the National Newspaper Publishers Association.

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Supernova Parenting Conference Empowers Over 100 Parents with Resources for Neurodivergence and Mental Health

The inaugural Supernova Parenting Conference was co-hosted by Natasha Nelson, known as Supernova Momma, and Yolanda Walker, founder of Parenting Decolonized. It brought together over 100 parents, caregivers, and educators dedicated to fostering understanding and support for neurodivergent children and mental health challenges. The conference provided invaluable resources, expert insights, and a collaborative space for […]

Published

1 week ago

November 7, 2024

BlackPressUSA.com

The event featured a variety of workshops, panel discussions, and keynote speeches from leading experts in neurodiversity and mental health. Attendees left with practical tools and strategies to enhance their parenting journeys, emphasizing the importance of understanding and supporting the unique needs of neurodivergent children.

“While the conference was a tremendous success, we believe that our work doesn’t end here,” said Natasha Nelson. “It’s crucial to continue providing ongoing support and resources for parents as they navigate this important journey. We want to ensure families can access the tools they need long after the conference.”

To extend the momentum generated at the conference, Natasha and Yolanda are excited to announce the launch of the Supernova Parenting Community. This membership-based initiative aims to offer a safe and supportive environment for parents and caregivers to continue their growth as conscious parents.

Membership is available for as little as $5 a month via Patreon, making it accessible for all families seeking support.

“We know that parenting can be a challenging journey, especially when navigating neurodivergence and mental health issues,” Yolanda Walker added. “Our goal is to build a community where parents feel seen, heard, and supported. We hope you’ll join us in this vital work.”

For more information about the Supernova Parenting Community and to sign up for membership, please visit supernovaparenting.org