Bill Cosby Might Be In Prison On Monday

Camille Cosby

Bill Cosby's sentencing hearing Monday is set to start with testimony about his sex offender evaluation - and a fierce debate over whether he should be deemed a "sexually violent predator". Prosecutors now fear that if they don't put their foot down and demand that he begin spending his term behind bars now, he will never see a prison cell. The 81-year-old entertainment icon is facing a maximum of 30 years in the bing. The judge saw it differently and released him on $1 million bail, ordering him to remain at his home until sentencing. The legendary comedian might be headed to prison that same day.

To Cosby's advantage, it doesn't appear that the prosecution has been effective in getting its way. Whether the judge will be just as tough to sway on Monday, remains to be seen. Constand and at least five other accusers will be at the sentencing but they will not be able to testify.

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The Cosby's and their legal team allege that O'Neill is biased, because decades ago he launched a failed bid for Montgomery County District Attorney against former prosecutor Bruce Castor, who declined to criminally prosecute "America's Dad" in 2005.

Yet O'Neill on Thursday shot down that request, saying that in his "exhaustive review" of Pennsylvania law, he found no precedent that would allow him to weigh uncharged conduct in his sentencing.

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