Cosby Sexual Assault Case Is Cleared To Proceed

Attorneys for the comedian, 78, had argued that the entertainer could not be prosecuted due to an agreement reached with a former Montgomery County district attorney.

“I hereby find no basis no grant the relief requested”, Montgomery County Judge Steven O’Neill told the rapt and crowded courtroom. Cosby’s attorneys declined to comment after the decision.

As the case goes forward, Cosby’s lawyers are expected to fight mightily to keep the deposition from being introduced at trial.

Cosby was charged in December with drugging and sexually assaulting Andrea Constand in 2004. Numerous incidents are too old to prosecute. “And we have found no authority to support this sovereign edict theory that was presented by (Castor) yesterday”. Phillips has since died.

News 8’s Barbara Barr was at the courthouse for Wednesday’s ruling.

The prosecution said the defense hadn’t proved its claim. They also argued that those deals are binding on future prosecutors.

Cosby’s lawyers sought a dismissal of the Pennsylvania case and claimed the prosecutor is using the matter for political gain. Normally, immunity is granted after a suspect is charged because he or she can provide testimony or information to prosecutors.

“If there was any such deal, it should not be enforced, and this pending criminal case should be permitted to proceed”, Allred said. “I want them to win”. She claims Cosby molested her in 1974 at the Playboy Mansion when she was 15. Her attorney, Spencer Kuvin, filed paperwork in federal court Tuesday dismissing the case “without prejudice”, meaning the case could be re-filed. Cosby faces allegations of sexual assault spanning four decades. The civil suit ended up being settled at that time.

Steele made the argument on Day 2 of a bid by Cosby’s lawyers to get the sex-crime charges thrown out.

Cosby later stated in the deposition he was only referring to one unnamed woman.

He further explained to Cosby’s attorneys Tuesday why he didn’t pursue charges. ‘Within days, she had changed the day for when it happened from March to January.

Those inconsistencies “would affect her credibility at trial”.

Castor testified he had concerns about Constand waiting a year before reporting the assault and contacting a lawyer before going to police, 6ABC News reported.

Troiani says she never told anyone about the lawsuit, which was filed weeks after Castor decided not to prosecute Cosby.

Cosby then testified in the civil suit brought forth by Constand without invoking his right against self-incrimination. “I was hopeful that I’d made Ms. Constand a millionaire”. “I am not analyzing back in 2005 as to what I think”. She dismissed Castor’s stated reasons for not prosecuting Cosby, suggesting his real reasons were political since he was running for office at the time. The judge’s decision hinged in part on whether a verbal deal was sufficient in the case, since both sides testified that nothing was put in writing.

Cosby has yet to have his preliminary hearing and formal arraignment in the case.