Cosby case moves forward; deposition a key trial question

His lawyers argued the charge violates a 2005 agreement that he would never be prosecuted over the allegation of assault made by Andrea Constand, a former employee of Temple University in Philadelphia.

The case is being brought against the comedian by District Attorney Kevin Steele, a lawyer who took the district attorney post from Bruce Castor past year after pressing strong campaign ads to prosecute Cosby. Castor has said there was an oral non-prosecution agreement worked out with Cosby’s former attorney Walter Phillips Jr., who died past year.

A judge in Montgomery County has ordered that prosecutors can move forward with the only criminal case lodged against Bill Cosby stemming from the dozens of accusations that he molested women.

The deposition, which Cosby’s lawyers had fought to keep under wraps, includes startling admissions by the comedian, including that he had affairs with young models and actresses, obtained quaaludes to give to women he wanted to have sex with, and that he gave Constand three pills in the 2004 incident at his home.

The request to bar Steele came from Cosby’s defense team in the same filing as the motion to dismiss sexual assault charges against the entertainer based on a supposed non-prosecution agreement, a claim Judge O’Neill ruled against less than an hour before the disqualification arguments were heard.

Last month, prosecutors in Los Angeles County decided not to charge Cosby over two alleged cases of sexual assault dating to 1965 and 2008. A confidential settlement was reached in the civil suit in 2006. According to Cosby’s 2005 deposition testimony, he admitted sexual contact with Constand but said it was consensual.

A lawyer for a woman who accuses Bill Cosby of sexually assaulting her in 2004 says the comedian didn’t testify freely in a lawsuit on the case.

Cosby was charged in December, days before the 12-year statute of felony limitations expired.

The allegations against Cosby are “pretty far fetched”, Brach said.

But, like the judge ultimately ruled, Troiani said she never saw the press release as a declaration that Castor would never prosecute Cosby.

He further explained to Cosby’s attorneys Tuesday why he didn’t pursue charges.

Attorney Gloria Allred, who represents a number of other women who have accused Cosby of sexual assault over the past year, released a statement praising Judge O’Neill’s ruling. He said he’s seen no evidence that one exists.

Dressed in a dark brown suit, walking with a cane and flanked by attorneys and what appeared to be a security guard, Cosby sat stonily during Tuesday’s proceeding and did not speak. He said he considered his decision binding on his successors. The next hearing date will be March 8, 2016, at which time evidence must be presented to allow the case to go forward.