As Bill Cosby looks to appeal his sentence, he has filed an application to be released on bail, claiming that the judge that sentenced him showed “racial hatred” towards him.

Cosby’s lawyers filed for the bail, which if approved would allow the 81-year-old to be released while he fights his appeal. The bail application was filed on Wednesday by Cosby’s lawyers.

Lawyers in the case also posted on Cosby’s Instagram account, claiming that Judge Steen O’Neill found the comedian guilty because he is black. The length post was posted along with his court filing documents.

The caption says, “ Judge Steven T. O’Neill continues to show his disgust and prejudice towards Mr. Cosby. Judge O’Neill is purposely denying Mr. Cosby the right to file his Appeal, because he has refused to issue his 1925(a) Opinion, which outlines why he felt strongly in sentencing Mr. Cosby to 3 to 10 years and felt obligated to place this 81 years old blind United States Citizen (who served his country in the United States Navy), in a level (5) maximum security prison (SCI Phoenix).

“The Application For Bail Pending Appeal was filed this morning in the Superior Court (First Appellate Court), which illuminates the egregious behavior of Judge Steven T. O’Neill. We’re asking that this scandalous judge be removed immediately, and Mr. Cosby be granted bail throughout the appeals process, because the judge’s racial hatred towards Mr. Cosby, clouds his better judgement to be a good steward of the bench.

““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,” states Bill Cosby. “I don’t know 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.

“His dishonorable conduct makes me smile, because this judge is being exposed, and it shows that this is bigger than me, [Bill Cosby]. 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” states Mr. Cosby.”

The post was accompanied by the hashtags, “#FreeBillCosby” and “#FarFromFinished” as well as a photo of Cosby raising his arm with his fist closed and his head down and eyes closed.

Judge O’Neill determined at the time of sentencing that Cosby was a “sexually violent predator” that “could quite possibly be a danger to the community.” O’Neill refused to release Cosby on the $1 million bail he was requesting at the time.

The news of Cosby’s bail application comes just days after he filed a lawsuit against his defense lawyers, Quinn Emanuel Urquhart & Sullivan, for almost $9 million in legal fees that he says he doesn’t owe. Cosby claims in the suit that the law firm took advantage of his blindness as he could not read or understand the documents.

Cosby is currently serving three to 10 years for the drugging and sexual assault of Andrea Constand. He is being held at the Phoenix-SCI prison in Pennsylvania.

Bill Cosby
Bill Cosby revealed in prison phone conversation with a friend that he thinks his late mother has been in contact with him. Cosby departs the Montgomery County Courthouse on the first day of sentencing in his sexual assault trial on Sept. 24, 2018 in Norristown, Pennsylvania. Getty Images/Mark Makela